Lincoln City Zoning Code
DIVISION 4.10
Accessory Buildings; Accessory Dwelling Units
§ 4.10.1 Accessory buildings.
The following section shall apply to portable and permanent structures:
A.
Accessory buildings are subject to the following setbacks:
Setback Requirements | |||
|---|---|---|---|
Front | Side (feet) | Side-Street | Rear (feet) |
Same as zoning district | |||
Not permitted in front yard in residential and commercial districts.1 | 51 | Same as zoning district1 | 5 |
NOTE: | |
|---|---|
1 | Must be placed behind the principal structure. |
B.
No accessory building shall be placed in any public easement.
C.
In all residential districts, or in any zoning district in which the property is used primarily for residential purposes, a detached accessory building shall be located more than 10 feet from the principal building on the property, except when the accessory building has a one-hour fire rating wall on the side nearest the residentially used building.
D.
No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
E.
The placement of an accessory building shall require a building permit; provided, however, that the following are considered portable or temporary and shall not require a building permit:
[Amended 4-20-2021 by Ord. No. 2021-6]
(1)
Storage sheds that are not on a permanent foundation and are not used for human habitation; and
(2)
Portable or temporary carports not on a permanent foundation.
F.
Accessory buildings shall be clearly incidental to the main building on the lot.
(1)
For lots less than one acre in size: The combined floor area (all floors shall be included in the calculation) of all accessory buildings on a lot shall not exceed 10% of the lot area or 75% of the area of the main building, whichever is least. Any accessory building(s) that exceed these requirements shall require a conditional use permit for approval.
(2)
For lots one acre or greater in size: no square footage size regulation beyond any standards within the applicable zoning category.
G.
No accessory building shall exceed 24 feet in height, or the height of the principal structure on the lot.
H.
Swimming pools, both above-ground and inground, and storm cellars shall be considered accessory buildings.
§ 4.10.2 Accessory dwelling units.
A.
An accessory dwelling unit (ADU) is a subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is one that is customarily incidental, appropriate and subordinate to the principal use of land and buildings, located upon the same lot therewith, and complies with each of the additional dwelling unit requirements. An ADU shall include a kitchen, a separate bathroom, and an entrance/exit separate from that of the principal building. An accessory use is clearly incidental to, or customarily found in connection with, and on the same lot as, the main use of the premises. Accessory dwelling units may be either attached units or detached units:
(1)
Attached dwelling: a dwelling that is joined to another dwelling at one or more sides by a wall or walls.
(2)
Detached dwelling: a dwelling that is entirely surrounded by open space on the same lot.
B.
Petition. All individuals seeking to establish an ADU as an allowed use shall submit a petition for an overlay district permit and shall support the policies and regulations applicable to ADUs. These policies and regulations of the overlay district may include:
(1)
Accessory dwelling units may be allowed as overlay districts in the A-1, R-1, R-2, R-3, R-D, B-1, and B-2 Zoning Districts. The process for petition of an overlay district is as follows:
(a)
The Planning Commission shall hold a public hearing on the overlay district in accordance with A.C.A. § 14-56-422.
(b)
The applicant shall submit a petition in support of the overlay district (signed by a majority of the property owners in the proposed district area).
(c)
The petition shall state that the overlay district complies with A.C.A. § 18-15-1701.
C.
General recommended policies and regulations applicable to ADUs.
(1)
Residential use. A single-family dwelling shall already exist on the lot or will be constructed in conjunction with the ADU. The ADU may be attached to, or detached from, the principal building. If attached to the main building, any new separate outside entrance serving an ADU shall be located on the side or in the rear of the building. There shall be no more than one single-family conversion per lot.
(2)
Setbacks and lot coverage.
(a)
The ADU shall comply with all underlying zoning requirements, including but not limited to building area, bulk and area, and setbacks, with the exception of density limits. In addition, the front and side exterior shall be constructed such that they do not encroach behind the front edge of the principal structure.
(b)
The ADU shall not be located within any public easement or any known utilities or septic system lines.
(c)
Lot coverage. The maximum allowable square footage footprint may be no more than 1,200 square feet.
(3)
Building height, square footage.
(a)
Building height. No ADU shall be taller than the primary residence on site.
(b)
Size. The combined floor area (all floors shall be included in the calculation) of all accessory buildings on a lot shall not exceed 10% of the lot area or 75% of the area of the main building, whichever is least. Any accessory building exceeding these requirements shall require a special permit for approval.
(4)
Parking. One-bedroom additional dwelling units shall provide one off-street parking space in addition to that required by the underlying zone for the principal building. Two-bedroom additional dwelling units shall be required to provide two off-street parking spaces, in addition to that required by the underlying zone for the principal building. Parking spaces include garages, carports, or off-street areas reserved for vehicles.
(5)
Utilities. The property's infrastructure (water, sewer, gas, electric, etc.) meeting City and/or municipal utility requirements shall be available and utilized as appropriate. The ADU shall have its own separate utility services (unless a statement from the utility providing service indicates a preference otherwise by the utility).
(6)
Building code. The ADU shall meet the requirements of the applicable building code and be constructed on a permanent foundation.
(7)
Compatibility and appearance.
(a)
The location and design of the ADU maintains a compatible relationship with adjacent properties and does not significantly impact the privacy, light, air, or parking of adjacent properties. Windows that impact the privacy of the neighboring side or rear yard shall be minimized.
(b)
The ADU shall not result in excessive noise, traffic, or parking congestion.
(c)
Appearance. Exterior design of the ADU shall be compatible with the existing residence on the lot through matching or coordinating architectural use of building forms, height, construction materials, colors, landscaping, window style, and roof design.
(d)
An attached ADU may occupy a basement, first, or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks required for the main residence.
(8)
Submittal requirements.
(a)
Site plan drawn to scale.
(b)
Photographs of the site.
(c)
Elevation sketches or plans for each side of the structure.
(d)
The applicant shall publish a notice of public hearing at least one time at least 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln. The applicant shall be responsible for this publication, bear the cost of such advertising, and provide an affidavit of publication as proof of the notice.
(e)
The applicant shall post a sign conspicuously on the property involved at least 15 calendar days prior to the hearing.
(f)
Posting of the sign by the prescribed time shall be the responsibility of the applicant.
(g)
The applicant must use the signs provided by the City of Lincoln and shall pay a refundable deposit.
(h)
After the hearing, the sign shall be returned, and a refund of the deposit will be issued for signs in good condition.
(i)
The applicant shall provide to the Building Official certification or proof from the Health Department (if septic or a well is utilized) and/or City Water Department that the water supply and sewage disposal facilities are adequate for the projected number of residents.
(9)
The Administrator may impose conditions of approval on a permit necessary to adequately protect public health, safety, and welfare
(10)
The City may request additional information it deems necessary to determine compliance with applicable regulations and ordinances.
(11)
Restrictions: Recreational vehicles, temporary structures, and mobile homes shall not be permitted as ADUs.
