Omaha opens door to more accessory dwelling units, aka mother-in-law houses (2024)

Older people trying to stay in their neighborhoods as they age and younger people searching for an affordable house could have more options under an ordinance approved by the Omaha City Council on Tuesday.

The ordinance changes Omaha zoning regulations to allow accessory dwelling units citywide and to streamline the city processes for approving them. An accessory dwelling unit is an additional small house or apartment set on a single-family residential property.

Omaha has had them for generations. Examples include carriage houses, apartments above garages and mother-in-law houses in which aging parents lived in smaller digs while their children raised families in the main house.

Now, city planners and other proponents see building more such residences as one way to address a critical shortage of affordable housing in Omaha. They changes in zoning code approved Tuesday were the first recommendation to be acted on from the city’s Housing Affordability Action Plan, which the council adopted in December 2022.

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“We need 30,000 affordable housing units by 2030 just to start making a difference,” City Council President Pete Festersen said. “(The ordinance) provides for smaller residences that are more affordable, using our current infrastructure. It will provide accessible options for seniors and families in particular. And I think there’s an environmental benefit as well to increasing density as part of that effort.”

AARP Nebraska joined a number of real estate developers and homebuilders in supporting the zoning changes. The council voted 7-0 to approve the ordinance.

“Accessory dwelling units alone will not solve the city’s housing shortage, but they do represent an important family-friendly and age-friendly housing option,” AARP Nebraska State Director Todd Stubbendieck told the council. “Older adults may choose to have an ADU that can either house a family member or other caregiver. Likewise, a family may have an ADU that houses an older relative.”

In both cases, he told the council, the accessory dwelling unit provides an opportunity for the older adult to age in place.

City Planning Director Dave Fanslau said people whose children have grown may want to move out of their houses but stay in their neighborhoods. More accessory dwelling units could give them that option. And that could make more houses available for people to buy in established neighborhoods.

The units also could be rented out. Proponents say that could make housing more affordable because homeowners could have an income-producing property on their lot.

Omaha real estate agent Ron Rubin said he thinks the changes are good. But he wonders whether they’ll help create more affordable housing, or just lead to more Airbnbs and other short-term rentals.

“The city allowing this is a smart idea,” Rubin said. “But I also look at it that you want to make sure that it’s going to meet the needs of working people it’s designed for rather than just a way to generate more income.”

The code will allow no more than one accessory unit per residential lot. They can be rented, but not sold separately from the primary residence. They will have to conform to city regulations, including on setbacks and height.

In neighborhoods zoned for fairly dense residential use, people who want to build accessory dwelling units can do so with Planning Department approval. They won’t have to go through the more extensive process of getting City Planning Board approval.

In neighborhoods zoned for less density, people will still have to go through the Planning Board. That will give neighbors a chance to weigh in publicly with concerns.

Council Vice President Aimee Melton said Tuesday she has heard concerns from constituents, particularly in neighborhoods zoned for less density. She asked Fanslau to provide a list of applications as they come in so the council can track what’s being built and see if they need to amend the zoning code in the future.

People who want to build the units may be able to use designs that have preapproval from the city, saving weeks of permit review time and costs of having to hire an architect for an individual design. AARP sponsored a competition last year for designs. The city is reviewing the winners for potential preapproval.

The City Planning Department also is working on a website explaining the new regulations.

The previous code was “clunky and not very good,” Fanslau said.

“Now that it’s refined, we hope people will be lining up,” he said.

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chris.burbach@owh.com, 402-444-1057, twitter.com/CHRISBURBACH

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Omaha opens door to more accessory dwelling units, aka mother-in-law houses (2024)

FAQs

What is an accessory dwelling unit in Omaha? ›

The ordinance changes Omaha zoning regulations to allow accessory dwelling units citywide and to streamline the city processes for approving them. An accessory dwelling unit is an additional small house or apartment set on a single-family residential property. Omaha has had them for generations.

What is another name for an accessory dwelling unit? ›

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are an innovative and effective option for adding much needed housing in California. ADUs have been known by many names: granny flats, in-law units, backyard cottages, secondary units and more.

Can you build a tiny house in Omaha, Nebraska? ›

320 or 400 square feet is the maximum size, depending on the kind of tiny house. However, according to the International Residential Code, the Nebraska Modular Housing Unit Label has a minimum of 120 square feet and a maximum of 400 square feet.

How close to property line can you build an ADU? ›

A detached ADU must be ten feet away from the main residence and five feet away from any property lines. Since the local authority has the power to relax or tighten the laws, it is good to check with their offices before starting construction.

What is the difference between a dwelling unit and an ADU? ›

An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms: Detached: The unit is separated from the primary residential structure. Attached: The unit is attached to the primary residential structure.

What is an accessory dwelling unit in Nebraska? ›

Defined by Nebraska legislation, an ADU can be interior, attached, or detached from a single-family dwelling, sharing the lot with the primary residence. This comprehensive understanding is pivotal for homeowners and developers interested in the potential of ADUs in Nebraska's evolving marketplace.

What's one drawback of an ADU? ›

Space Limitations

One of the biggest drawbacks of living in an ADU is the limited living space.

Do ADUs have bathrooms? ›

Often called a granny flat or backyard cottage, ADUs are either an attached or detached self-contained unit that has a kitchen, bathroom, and sleeping areas. If the unit doesn't have a kitchen or bathroom it's not considered habitable and not an ADU — without these spaces you have a shed.

What is another name for a mother-in-law suite? ›

Background. Naming conventions vary by time-period and location but secondary suites can also be referred to as an accessory dwelling unit (ADU), mother-in-law suite, granny flat, coach house, laneway house, Ohana dwelling unit, granny annexe, granny suite, in-law suite, and accessory apartment.

How much does it cost to build a house Omaha? ›

Average Cost Per City
CityAverage Cost (per sq. ft.)
Omaha$87 to $130
Lincoln$88 to $131
Hastings$92 to $137
Lexington$92 to $136
Nov 27, 2021

Where is the cheapest place to put a tiny house? ›

Tiny houses are most affordable in North Dakota, Arkansas, Kansas, and Mississippi. It would cost more than the average salary to buy a tiny house in Hawaii or Montana.

How much does it cost to build a house near Omaha NE? ›

It costs about $105 per square foot to build a house in Nebraska. So, you would have to spend $210,000 to build a 2,000-square-foot home in Nebraska. These costs will vary depending on location, property type, labor expenses, material costs, etc.

How many bedrooms can an ADU have? ›

Local agencies can adopt ordinances to set minimum and maximum unit sizes for ADUs so long as they meet these square footage requirements. Bedrooms: California state law does not allow a limit on the number of bedrooms in an ADU.

Can an ADU be bigger than the main house? ›

For attached ADUs, the square footage can never be more than 50% that of the main residence. For detached ADUs, if the planned size exceeds that of the primary dwelling, the ADU size is limited to a maximum of 800 square feet. This is one example of the complexity of the laws around how big an ADU can be in California.

Can you put an ADU on an empty lot? ›

These requirements will vary by municipality and it's a good start to reach out to your building department directly. So you are still able to build an “ADU” on an empty lot if it conforms to all the standards for a primary residence – and it will initially be classified as the primary residence.

What is an example of an attached ADU? ›

Examples include backyard bungalows and converted outbuildings. ▶ An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home's side or rear.

What is the difference between an add on and an ADU? ›

An ADU has its own entrance, bathroom, kitchen, etc. whereas room additions are typically attached or integrated into the existing house.

What does a dwelling unit consist of? ›

A Dwelling Unit means one or more rooms for or designed for residential use by one or more individuals, with cooking, living, sleeping, and sanitary facilities, and specifically excludes accommodation for tourists.

What is an accessory dwelling unit in St Louis County? ›

An accessory dwelling is defined as an accessory structure used as a dwelling unit that may contain sleeping spaces, and kitchen and bathroom facilities, in addition to those provided in the principal dwelling structure, and may be allowed with a land use permit.

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