Lincoln Municipal Code § 18.37.030 General requirements

Footnotes:

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Editor's note— Ord. No. 1099B, § 5, adopted September 23, 2025, repealed the former Chapter 18.37 §§ 18.37.008—18.37.100, and § 6(Exh. A) of said ordinance, enacted a new Chapter 18.37 as set out herein. The former Chapter 18.37 pertained to the same subject matter and derived from [Ord. No. 1080B, § 5(5.1B—5.1H, 5.1J—5.1N), July 23, 2024.

This section is intended to implement the provisions of California Government Code Section 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals.

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Goal 1: Accommodate new housing to meet the needs of present and future Lincoln residents at all income levels.

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Goal 3: Address special housing needs in Lincoln.

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Goal 4: Promote equal housing opportunities.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) "Accessory Dwelling Unit" (ADU) is a dwelling unit that is accessory to the primary residence and has complete independent living facilities for one or more persons. ADUs can be:

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Detached: separate from the primary structure

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Attached: attached to the primary structure

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Converted existing space: conversion of an attached garage, bedroom, storage area, accessory structure, etc.

(2) "Junior Accessory Dwelling Unit" (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling.

(3) "Multifamily dwelling" means a structure containing two or more attached primary dwelling units on a single lot, not including ADUs or JADUs. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

(4) "Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including ADUs or JADUs.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

An ADU and a JADU are permitted on any lot located within any zone where residential uses are permitted by-right or by conditional use provided a permit is obtained in accordance with the provisions of this chapter.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) Applications for ADUs and JADUs pursuant to this section shall be approved or denied ministerially as part of a building permit, without discretionary review or a hearing within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot.

(2) If the application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) Siting.

a. An ADU shall be sited as follows:

i. Within a proposed or existing single-family dwelling or an accessory structure to a single-family dwelling.

ii. Within an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure.

iii. Detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling.

iv. Attached to a proposed or existing single-family dwelling. A breezeway does not constitute an extension of the primary dwelling because a breezeway does not create a shared common wall between the two individual buildings.

b. An ADU located within a multi-family dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.

c. A JADU shall be located entirely within a proposed or existing single-family dwelling structure including within an attached garage.

(2) Density. ADUs or JADUs shall not be counted toward the allowable density provided by the general plan or zoning.

(3) Number of Units. The maximum number of ADUs or JADUs permitted on each lot is provided by Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot

(4) Non-Conforming Properties. Prior to construction of an ADU, the city may or may not require correction of a nonconforming zoning condition. No building code violation may exist on the lot on which the ADU is to be located.

(5) Owner occupancy for JADUs. The property owner must reside in any single-family residence that includes a JADU. The owner may reside in either the JADU or the remaining portion of the single-family residence. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

(6) Sale and Rental of Units.

a. Except as provided in Government Code Sections 66340, 66341, ADUs and JADUs may not be sold or otherwise conveyed separately from the primary residence.

b. An ADU or JADU may not be rented for less than 31 consecutive days.

(7) Deed Restriction. Approval for a JADU or ADU (if applicable) will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where the unit is, or will be, located. The covenant shall be approved by the city attorney and the community development director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:

a. For JADUs:

i. A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

ii. A restriction on the size and attributes of the unit that conforms to Government Code Section 66313, including the owner-occupancy requirement pursuant to subsection 18.37.030(5).

(8) Living Facilities.

a. ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.

b. JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 66313. JADUs may include a separate bathroom or may share it with the primary residence.

(9) Separate Entrances. JADUs and ADUs located within or attached to a primary residence shall include a separate entrance from that of the primary residence. No passageway shall be required in conjunction with the construction of an ADU as defined by Government Code Section 66313.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

New ADUs or JADUs are prohibited if the city engineer determines the area has insufficient water or sewer service.

a. New ADU or JADU built concurrently with primary dwelling:

i. The city will require connection fees or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

b. Existing primary dwelling:

i. Attached ADU/JADU—The city will not require separate utility connection or connection fees.

ii. Detached ADUs—The city may require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) ADUs and JADUs shall comply with the development standards in Table 18.37.050-1: Development Standards for ADUs and JADUs.

Table 18.37.050-1: Development Standards for ADUs and JADUs

NOTES [1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an ADU or JADU that is within or attached to the primary dwelling. [2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint. [3] For the conversion and/or expansion of an existing accessory structure to an ADU, the side and rear setback requirement for the expansion may be less than 4 feet. if the proposed setback protects health and fire safety; provided, that the expansion is no more than 150 square feet beyond the physical dimensions of the existing accessory structure and solely for the entrance and exit from the ADU. If the expansion is greater than 150 square feet or for a purpose other than facilitating entrance to and exit from the ADU, then the 4-feet side and rear set back will apply. [4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

(2) Except as provided in Table 18.37.050-1, ADUs and JADUs shall comply with all building and development standards applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to 18.37.050(3) below.

(3) If other development standards (such as lot coverage or open space) would prevent the approval of an ADU that is at least 800 square feet and 16 feet high, then the applicant is permitted an ADU that is up to 800 square feet and 16 feet high.

(4) ADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(5) Approval of an ADU or JADU shall not be contingent on the correction of nonconforming conditions on the subject property.

(6) ADUs and JADUs must comply with the Building Code, Fire Code, Health and Safety Codes, and noise insulation standards applicable at the time the building permit for the ADU or JADU is issued.

(7) Utility connections shall be established in accordance with Title 13—Public Services of the Lincoln Municipal Code. The city shall not require a separate utility connection between an ADU or JADU and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the ADU or JADU was constructed with a new single-family home.

(8) If a manufactured home is used as an ADU, it shall comply with the standards of this section.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) No additional off-street parking spaces are required for an ADU or JADU.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

The following architectural style standards apply to ADUs outlined in Government Code Section 66314 and are not applicable to ADUs created under Government Code Section 66323:

(1) Exterior Finish Materials. The exterior materials must meet one of the following:

a. Must be made from stucco, wood, composite boards, vinyl or aluminum products.

b. If the ADU proposes siding, then it must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width.

(2) Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of the following:

a. The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or

b. The pitch of the roof with the highest ridgeline must be at least 6/12.

(3) Trim. The trim must meet one of the following:

a. The trim around all windows and doors must be at least 3½ inches wide.

(4) Windows. The windows on all street facing facades must meet the following:

a. Each window must be square or vertical—At least as tall as it is wide.

(5) Eaves. The eaves must meet one of the following:

a. The eaves must project from the building walls at least one foot on all elevations; or

b. If the primary structure has no eaves, no eaves are required.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

(1) For the purpose of the assessment of all fees and exactions consistent with this code, construction of an ADU shall be considered separate from that of the existing single-family dwelling on the lot, and the payment of fees and exactions for such ADU shall be in addition to those which may have been paid for the existing single-family dwelling except if the ADU meets the following criteria:

a. Traffic impact mitigation fees and public facility fees shall not be imposed upon the development of an ADU less than 750 square feet.

b. Traffic impact mitigation fees and public facility fees charged for an ADU of 750 square feet or more, the square footage in excess of the 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.

c. The city council may, by policy, provide for fee modifications, waivers or deferments.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

A permit for ADUs and JADUs issued pursuant to this chapter shall be conditioned upon, and the applicant must agree to allow inspections of the site and proof of compliance with this chapter, and the requirements imposed in the granting of the permit, and other city codes, resolutions and ordinances.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)

This chapter shall in no way validate any existing illegal ADU or JADU. Correction of nonconforming zoning and/or building conditions may not be required to otherwise bring said ADU or JADU into compliance per Government Code Section 66332.

(Ord. No. 1099B, § 6(Exh. A), 9-23-2025)