The following section shall apply to portable and permanent
structures:
A.
Accessory buildings are subject to the following setbacks:
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Setback Requirements
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|---|---|---|---|
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Front
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Side
(feet)
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Side-Street
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Rear
(feet)
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Same as zoning district
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Not permitted in front yard in residential and commercial districts.1
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51
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Same as zoning district1
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5
|
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NOTE:
| |
|---|---|
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1
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Must be placed behind the principal structure.
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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]
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.
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:
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.
