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Omaha, NE Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
§ 55-763(a)(4)(d)-(e), Omaha Municipal Code
Rental registration
Required under § 48-204 before leasing
Sale restriction
ADU can't be sold separate from PDU
ADU cap
One ADU allowed per site
Registration fee
No fee to file; $125 per inspection

Summary

Renting out an Omaha accessory dwelling unit requires registering it as a rental property under Chapter 48, and the ADU can never be sold off separately from the main house.

d.If any residential unit on the site is made available for rent, a rental registration shall be submitted as required by section 48-204.e.The ADU cannot be sold off separately from the PDU.

Full Breakdown

Omaha's zoning code treats an accessory dwelling unit (ADU) as accessory to the principal dwelling unit (PDU) it sits behind, capping density at one ADU per site. Section 55-763(a)(4) doesn't ban renting an ADU out, leasing is allowed, but if the unit is offered for rent, the owner must file a rental registration with the permits and inspections division under section 48-204 before leasing it, and keep that registration current for as long as it's rented. The ordinance also blocks owners from splitting the ADU off the property: it can never be sold separately from the PDU, so it stays tied to the main house as a single parcel.

Violations & Fines

Renting an unregistered ADU is a Chapter 48 code violation, exposing the owner to notices of violation and city enforcement action, plus a $125 inspection fee per required inspection.

Frequently Asked Questions

Can I rent out my Omaha ADU?
Yes. Omaha's zoning code allows renting an ADU, but you must register it as a rental property with the permits and inspections division under section 48-204 before leasing it.
Can I sell my ADU separately from the main house?
No. Section 55-763(a)(4)(e) bars selling the ADU off separately from the principal dwelling unit: it must stay part of the same property.

Sources & Official References

Other rules in Omaha

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