Plan to allow granny flats and tiny houses in Lexington advances, but with changes
A controversial proposal that would allow granny flats and tiny houses in Lexington neighborhoods took a big step Monday toward becoming law.
The Urban County Planning Commission voted unanimously to approve a series of text amendments to city zoning ordinances that would allow accessory dwelling units in Lexington neighborhoods. The proposed changes now go to the Lexington-Fayette Urban County Council for its consideration.
The commission approved key changes to the proposal after a September 26 public hearing where dozens of people voiced concerns about allowing accessory dwelling units, sometimes referred to as granny flats or tiny houses, without getting special permission from a city planning body.
The tweaks approved Monday include requiring an owner to live in the home or the accessory dwelling unit.
The other change included requiring a conditional use permit, which is typically granted by the Board of Adjustment, if the accessory dwelling unit is used as a short-term rental, such as an Airbnb.
Chris Taylor, of the city’s long-term planning department, said city planners had long argued that requiring an owner to live on the property will dramatically reduce the number of units built.
Some cities that required owner occupancy later amended those ordinances because it was so restrictive, city planners have said.
Taylor said during the Monday meeting that based on those cities experiences he expected few units in Lexington to be built.
“I think 20 would be the top end,” Taylor said.
Many who spoke against the proposal said they were worried the city is not doing enough to regulate short-term rentals and all rental units. Allowing accessory dwelling units to become short-term rentals would only add to that problem, they contend.
Taylor said the planning staff offered requiring a conditional use permit for a short-term rental as a compromise.
Other changes include limiting the number of people in an accessory dwelling unit to two adults. Several people voiced concerns that allowing another housing unit could translate to a total of eight unrelated people in a house and an accessory dwelling unit. City ordinance limits the number of unrelated people to four per housing unit.
Most accessory dwelling units are small and can not fit more than two people in them, Taylor said.
The city’s planners have worked on the proposed changes to allow accessory dwelling units for nearly 18 months.
Carolyn Plumlee, a member of the commission, voted to move the proposal forward but urged the Lexington council to look at requiring all rental units to be registered. The council is currently debating changes to its short-term rental policies.
“How functional, how durable this (proposed change) will be only time will tell,” Plumlee said of the proposal.
Planning Commissioner Karen Mundy said the changes will not address Lexington’s housing crunch.
“But it will give us another housing option,” Mundy said.
The city’s senior citizen commission had pushed for the changes, saying it would allow people to age in place. Many parents of adult children with disabilities also supported the changes, saying it would give their adult children with disabilities an option to stay in the community.
The proposal would allow one accessory dwelling unit per lot. The maximum allowed size for an attached unit would be 800 square feet, but the unit could not be bigger than the original house. In some cases, depending on the size of the house, the maximum could be 625 square feet.
An additional parking space for the unit would not be required unless the home is in the infill and redevelopment area, which includes much of downtown. Infill and redevelopment areas have minimum parking requirements.
It’s not clear when the council will take up the proposed changes to city ordinances.
