ADU Zoning Amendment

[riceweb]

From here:
https://urbanplanning.cityofomaha.org/m ... amendments

And full PDF here (proposed new sections are underlined in blue, at the end of the document):
https://urbanplanning.cityofomaha.org/i ... 081920.pdf

I've seen ADUs somewhat successfully roll out in Seattle, and I was excited to see that Omaha is getting on the bandwagon, too, but the setback and impervious coverage rules for ADUs seem like they'll be far too restrictive to be useful. Omaha already has ludicrous front setback rules, and if someone wanted to build an ADU anywhere, it seems like the front lawn is much more likely to have space. It's also my experience that many homes in the metro are already at or near their max impervious coverage %. I just don't see how these ADU rules are useful--I'd love to see some analysis from city planners on the % of lots that these rules will actually apply to.

[PWL73316]

Adding ADUs is a huge win directionally. I share your questions about how close these rules are to being practically impossible to meet.

[Athomsfere]

"while maintaining the single-family nature of a neighborhood."

It's already broken IMO. We should be nixing R1 entirely. Or even R. Just zone everything for mixed use (what is Omaha's zoning code for this?)

[riceweb]

"while maintaining the single-family nature of a neighborhood."

It's already broken IMO. We should be nixing R1 entirely. Or even R. Just zone everything for mixed use (what is Omaha's zoning code for this?)

I'd love to see this. And our zoning (or lack thereof) should override any homeowners' associations that may have covenants about density. Seriously: how many years would it take for a neighborhood's "character" to be changed with upzoning? With our low-ish growth rates, I bet it'd take 20 years before any neighborhood is seriously impacted by increased density. Residential zoning is such a waste of time for our city government.

[nebraska]

If you are interested in updating the ADU codes (55-763(g)) please let me know. I am working with Will Greene on this very topic. You can email missingmiddleomaha@gmail or me directly (send PM for my email). https://missingmiddleomaha.com/

If anyone knows people in neighborhood associations, we are actively attending various monthly meetings and getting the word out about ADUs.

[Athomsfere]

If you are interested in updating the ADU codes (55-763(g)) please let me know. I am working with Will Greene on this very topic. You can email missingmiddleomaha@gmail or me directly (send PM for my email). https://missingmiddleomaha.com/

If anyone knows people in neighborhood associations, we are actively attending various monthly meetings and getting the word out about ADUs.

Tell us more perhaps for what we can do?

I'm a renter, and likely will be for as long as the missing middle exists or I commit to Omaha. So I'd love to know what opportunities exist for someone like me!

[nebraska]

Of course it starts with leadership, but since the elections are over and our current City Council/Mayor don't seem like housing progressives it comes down to accountability and constantly bugging them to listen to the topic. We are meeting with various neighborhood associations to gain their support. In the future (4-8 months?) we will submit a letter to City Planner David Fanslau with our recommended changes to the current city code.

Things you could help with now: research (successful implementation of ADUs in other cities?), outreach (call neighborhood associations), message your City Councilperson (https://citycouncil.cityofomaha.org/contact-us), find some people to attend and then everyone attend Missing Middle Zoom meetings (email [email protected] to get the Zoom registration info), and keep posting useful Missing Middle information on this site (increases awareness). I'm open to other suggestions as well.

[Busguy2010]

This has been an interesting topic to me. So many parcels in the area are larger than need be, only to grow grass. IMO, Omaha never should have gotten away from the grid, but we are where we are. I would assume a very small percentage of property owners that actually physically have the space to build an ADU would actually be interested in doing so, let alone when working with the basically eliminative set of requirements stated earlier in the thread.

There are so many lots west and south of a general area that could have had 5 or 6 houses on them. Or even a bunch of lots that could have <600 SF dwellings in the back yard all over the place if they wanted to. Basically everyone who has enough space would prefer to flex their lawn. Should have never gotten away from the grid. So be it.

[PWL73316]

You're right that for the vast majority of cases, there's a lack of interest in building an ADU. We don't have the high housing costs in Omaha that make it attractive. There is a streamer online who spent $75,000 on a nice-looking ADU outside San Francisco and charges $1,500 a month for it - well below market, but an easy short pay back, and lots of tenants looking for something like that. Neither would be true in Omaha.

However, it's a good thing to be ahead of - zoning and housing policy is one of those areas that you are far better off sneaking good policy in when times are good and no one is paying attention, than waiting until there's a crisis and trying to convince all the homeowners who are directly benefiting from scarce housing to change policy.

[nebraska]

Missing Middle Omaha is trending locally on Twitter today:

We've gained a ton of new followers and are doing some news interviews right now. Our group and some nice neighborhood associations have sent our first letters to the City Planner and some City Councilors asking them to review our suggestions.

[ita]

https://planning.cityofomaha.org/images ... ber/05.pdf

The amended code would allow an additional unit on a residential property and can be of several different forms. A detached unit would be a standalone structure, typically located in the backyard of a property. An attached unit is connected to part of the existing residential structure and would have its own foundation. An internal unit is integrated into the residential structure and is typically in a basement or sometimes in the attic.

The proposed code would permit an ADU throughout the City and ETJ in higher density zoning districts (R5-R8, NBD, R-WRN, MH, NBD, CBD, DS and TOD). The code would require a Conditional Use Permit (Planning Board approval) for lower density zoning and office/commercial districts (DR, R1-R4, LO, GO, LC, CC and GC).

The amendment includes multiple regulations for this housing type, and includes, but is not limited to the following:
• No more than one ADU allowed per site.
• The ADU cannot be sold off separately from the primary residence.
• Establishment of setbacks.
• An increase of the maximum building and impervious coverages.
• Height requirements.
• No additional parking requirements.
• An exemption of the site area/unit density calculation.

[bigredmed1]

Two questions:

If passed, will this allow for people to NOT build these structures and further have no pressure applied to do so by activist groups?

Noticed the no parking restrictions. What will keep a neighborhood from decaying into a mess of parked cars with the added units? I would feel better seeing a requirement for off street parking for the unit being required.

[Garrett]

Two questions:

If passed, will this allow for people to NOT build these structures and further have no pressure applied to do so by activist groups?

Noticed the no parking restrictions. What will keep a neighborhood from decaying into a mess of parked cars with the added units? I would feel better seeing a requirement for off street parking for the unit being required.

Find me a single city in the country, or heck, the world, that is forcing people to build ADUs on their properties.

[Athomsfere]

Noticed the no parking restrictions. What will keep a neighborhood from decaying into a mess of parked cars with the added units? I would feel better seeing a requirement for off street parking for the unit being required.

We build better transit. Problem solved.

Next question?

[Dusty]

I don't see how changing the rules for sheds and garages help with the affordable housing plan. Does the city think people want to build these structures just in case a homeless guy walks by? Hey buddy, I have a cold shed you can sleep in tonight. It's affordable!

What about tiny houses? Are we allowed to put one on our property?

[Garrett]

I don't see how changing the rules for sheds and garages help with the affordable housing plan. Does the city think people want to build these structures just in case a homeless guy walks by? Hey buddy, I have a cold shed you can sleep in tonight. It's affordable!

What about tiny houses? Are we allowed to put one on our property?

The main idea behind ADUs isn’t to strictly solve the housing crisis so much as it is to give people more flexibility. For example, maybe you build a small home in your backyard or garage for an elderly parent, or a child that’s recently graduated but wants a degree of separation. Yeah rental ADUs do exist of course but there are a lot of other scenarios. And yes this would allow you to build a tiny house, basically. Anything built will still have to conform to codes, so it’s not just slapping a bed in a cold shed and calling it a day.

[Dusty]

The main idea behind ADUs isn’t to strictly solve the housing crisis so much as it is to give people more flexibility. For example, maybe you build a small home in your backyard or garage for an elderly parent, or a child that’s recently graduated but wants a degree of separation. Yeah rental ADUs do exist of course but there are a lot of other scenarios. And yes this would allow you to build a tiny house, basically. Anything built will still have to conform to codes, so it’s not just slapping a bed in a cold shed and calling it a day.

I'm all for allowing tiny houses or a private room above a garage. You can rent it out. You can move yourself into it and rent your primary house. Makes a great mother/father-in-law suite.

I just didn't see any verbage that mentioned that. Seemed pretty generic stuff like garage/shed must be setback so many feet, on a foundation, etc.

[Garrett]

The main idea behind ADUs isn’t to strictly solve the housing crisis so much as it is to give people more flexibility. For example, maybe you build a small home in your backyard or garage for an elderly parent, or a child that’s recently graduated but wants a degree of separation. Yeah rental ADUs do exist of course but there are a lot of other scenarios. And yes this would allow you to build a tiny house, basically. Anything built will still have to conform to codes, so it’s not just slapping a bed in a cold shed and calling it a day.

I'm all for allowing tiny houses or a private room above a garage. You can rent it out. You can move yourself into it and rent your primary house. Makes a great mother/father-in-law suite.

I just didn't see any verbage that mentioned that. Seemed pretty generic stuff like garage/shed must be setback so many feet, on a foundation, etc.

There is a provision in the code that states an ADU must follow standard building codes set by the city, including electrical, mechanical, and plumbing. An ADU can take a lot of different forms, including an attic, garage, or separate structure. The code specifically names detached new structure, attached new structure, or modification of current structure as options.

[iamjacobm]

Glad they are trying to make the code easier to build ADUs, they even said there have been none built without essentially a full rezone which these new regulations will hopefully help.

Still don't love this clause, but the fact that so few of these are being built anyway and it only goes up to the R4 zoning it is probably not a hill to die on.

"c. In the DR through R4 districts, the total combined occupancy per site shall not exceed three
unrelated persons, as defined by section 55-19 (“family”)."

So an unmarried couple or roommates in both the primary residence and ADU is not allowed. Unless per site applies to each the primary unit and ADU as separate sites, but I don't read it that way considering the "total combined" language.

[riceweb]

I would really like to see the specifics on setbacks. Omaha has enormous front yards. Tons of wasted space.

Also regarding any concerns about parking/over-density: even in cities that saw big upticks in urbanization (Seattle and San Francisco, for instance), the changes have been very slow: years to decades in the making. And if you drive or walk through the upzoned neighborhoods of those cities they don't feel much different than they did 10 or 20 years ago. ADUs are basically "free", with minimal side effects (also minimal upside, but hey, it's an achievable change).

[Garrett]

Also there are no single family residential neighborhoods in West O zoned above R4, so anyone looking to build an ADU will still need to go through the planning board. Even east of 72nd street it's only 50/50 for residential neighborhoods being >R4. This is going to change almost nothing for a vast majority of the city.

[Louie]

Two questions:

If passed, will this allow for people to NOT build these structures and further have no pressure applied to do so by activist groups?

Noticed the no parking restrictions. What will keep a neighborhood from decaying into a mess of parked cars with the added units? I would feel better seeing a requirement for off street parking for the unit being required.

Find me a single city in the country, or heck, the world, that is forcing people to build ADUs on their properties.

Also, what activist groups would be forcing you to build an ADU on your property? How delusional.

[Dusty]

Find me a single city in the country, or heck, the world, that is forcing people to build ADUs on their properties.

Also, what activist groups would be forcing you to build an ADU on your property? How delusional.

Ummm...Tuff Shed Lovers of America. LOL!

Overall the plan seems like a good step forward. I don't think we will see huge change with it. I'm more excited to see parking minimums removed for commercial properties or setback laws reduced for primary residences.

[Toto]

Is there any provision in this code where the owner of the property must live on the property with an ADU? Or will a slum lord be able to cram a crappy ADU behind their already crappy house and suck more money out of their already crappy property?

[ita]

Is there any provision in this code where the owner of the property must live on the property with an ADU? Or will a slum lord be able to cram a crappy ADU behind their already crappy house and suck more money out of their already crappy property?

https://library.municode.com/ne/omaha/c ... -763REUSTY

(9)Ownership.
a. The owner of the lot on which an accessory dwelling unit use is maintained shall occupy either the PDU or the ADU as the owner's legal and permanent residence. For purposes of this provision, "the owner's legal and permanent residence" shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means. Leasing of the owner's unit, under any terms, is prohibited.b.The property shall be subject to a deed restriction stating that the ADU shall not be sold separate from the PDU.

This is the last subsection of Section 55-763.

[iamjacobm]

Another bad clause. Renting property you own to another willing party is perfectly normal and this language prevents that.

[Dundeemaha]

This ADU change is getting so much press and it's such a nothing burger

[Garrett]

Another bad clause. Renting property you own to another willing party is perfectly normal and this language prevents that.

I’ll disagree on this. I like the ownership clause because it keeps ADUs as an option for individual homeowners, not the corporate landlords to make more money.

[iamjacobm]

Another bad clause. Renting property you own to another willing party is perfectly normal and this language prevents that.

I’ll disagree on this. I like the ownership clause because it keeps ADUs as an option for individual homeowners, not the corporate landlords to make more money.

I'll gladly admit I am a very strong advocate of property rights probably more than most. But on the practical side, this language will make it very difficult to finance ADU construction, difficult to sell your property once the ADU is up, and will severely limit the supply of these units that are being deemed as a tool to help the housing supply issue.

I see essentially zero difference between a duplex and an ADU behind a house, but our zoning code will explicitly make owning a property with an ADU more difficult than a duplex. Not a good policy IMO.

[Garrett]

Another bad clause. Renting property you own to another willing party is perfectly normal and this language prevents that.

I’ll disagree on this. I like the ownership clause because it keeps ADUs as an option for individual homeowners, not the corporate landlords to make more money.

I'll gladly admit I am a very strong advocate of property rights probably more than most. But on the practical side, this language will make it very difficult to finance ADU construction, difficult to sell your property once the ADU is up, and will severely limit the supply of these units that are being deemed as a tool to help the housing supply issue.

I see essentially zero difference between a duplex and an ADU behind a house, but our zoning code will explicitly make owning a property with an ADU more difficult than a duplex. Not a good policy IMO.

Hmmm ok, that's a fairly decent argument. I'd just want to make sure that standards are high enough that it doesn't end up just being big corporate landlords trying to squeeze as much money out of an investment as possible.

[Dusty]

Is there a limit of how many ADU's you can have on your property? Limit one per residence or is it based on size of lot?

[Garrett]

Is there a limit of how many ADU's you can have on your property? Limit one per residence or is it based on size of lot?

One per lot I believe

[Dusty]

There is a display ADU at Heartland America Park. Are people allowed to walk inside or just walk around it?

https://growomaha.com/affordable-housin ... iverfront/

[Jins123]

There is a display ADU at Heartland America Park. Are people allowed to walk inside or just walk around it?

https://growomaha.com/affordable-housin ... iverfront/

Gates are up around it. Walking around it at the park. Really cool to see actually

[Jins123]

Amateur pic of the progress so far

[Jins123]

And a closer looking amateur pic