Lincoln, NE Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies in
- R-1 through R-4 districts
- Owner-occupancy
- Owner must live in house or ADU
- Size cap
- Lesser of 40% or 800 sq ft
- Bedrooms
- One bedroom maximum
- Deed restriction
- Cannot sell ADU separately
Summary
Lincoln requires the property owner to live in either the main house or the accessory dwelling before an ADU can be added in R-1 through R-4 zoning districts.
b. The main use of a lot for a single-family dwelling and an accessory dwelling is allowed in the R-1 through R-4 zoning districts under the following conditions: 1. The area of the lot must meet the required minimum lot area per family for single-family dwellings as set forth in Table 27.72.020(a) for the zoning district the lot is located in.
2. The accessory dwelling shall comply with the following requirements: i. The total square footage of the accessory dwelling shall not exceed the lesser of 40% of the total square footage of the main building or 800 square feet.
ii. The floor area of an accessory dwelling shall be exempt from the calculation of maximum allowable floor area for accessory buildings on single-family residential lots or tracts in Table 27.72.120(d).
iii. The accessory dwelling shall have no more than one bedroom.
3. The owner of the lot, or person with a controlling interest or who is the beneficiary of any legal entity owning the lot, is required to reside on the property in either the main building or the accessory dwelling.
4. The accessory dwelling shall share utility connections with the main building. 5. The accessory dwelling shall comply with the height regulations of the district where the accessory dwelling is
Full Breakdown
Lincoln Municipal Code § 27.62.040(b) allows a single-family lot in the R-1 through R-4 zoning districts to add one accessory dwelling, but only if the lot owner, or a person with a controlling interest in, or who is the beneficiary of, any entity owning the lot, actually resides on the property, in either the main house or the accessory unit. The accessory dwelling is capped at the lesser of 40% of the main building's floor area or 800 square feet, limited to one bedroom, and a deed restriction bars the two structures from ever being sold separately.
Violations & Fines
Building & Safety and Planning can deny or pull the accessory-dwelling approval if the owner-occupancy condition isn't met or lapses, since it's a standing condition of the permitted conditional use, not a one-time check; selling the ADU apart from the main house also breaches the required recorded deed restriction.
Frequently Asked Questions
Can I rent out my Lincoln accessory dwelling and move away myself?
How big can a Lincoln accessory dwelling be?
Sources & Official References
Other rules in Lincoln
Compare Lincoln to another location·View the Nebraska accessory structures overview
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