Accessory dwelling units one year later: Here’s how many have been built in Lexington
Almost a year after the Lexington council approved an ordinance allowing homeowners to convert garages, attics or basements into small apartments, called accessory dwelling units, Lexington planning officials say that five have been built or are in the process of being built.
The ordinance allows one accessory dwelling unit per lot. The maximum allowed size for an attached unit is 800 square feet, in most cases. In some cases, depending on the size of the house, the maximum is 625 square feet. A key exception is for basement units, which can be the full footprint of the house.
The other conditions include:
- The owner must live in the home or the accessory dwelling unit
- The owner must get a conditional use permit if the accessory dwelling unit is to be used as a short-term rental — such as an Airbnb.
- The number of people in an accessory dwelling unit is limited to two adults and any related children.
- Owners must meet with planning staff prior to building an accessory dwelling unit.
The proposed ordinance was passed in October 2021 as a pilot program to be reviewed after a year.
It allows for the conversion of existing detached structures but does not allow for newly-built detached accessory dwelling units.
It took more than three years for the proposal to make its way through council. It went through multiple changes and tweaks in response to opposition by many neighborhood groups.
During Tuesday’s Lexington-Fayette Urban County Council Planning and Public Safety Committee meeting, Chris Taylor, with long-range planning, told the council committee that the five completed or nearly completed accessory dwelling units were all one-bedroom or studio units. The average square space was 489 square feet.
One of the five was an older unit that was grandfathered in. Four are converted detached structures.
In addition, 15 other applications have been vetted by staff and the homeowner plans to proceed. Eight owners met with planning staff but opted not to proceed due to restrictions in the pilot program, Taylor said.
“We are on pace for about 10 which was lower than our original projection,” Taylor said.
Those who have sought permits but have opted not to go forward cited lack of materials, the requirement to get a conditional use permit for a short-term rental and the owner occupancy requirement, he said. Many want to build new detached units, which is not allowed under the current pilot program.
“I think there were concerns that we would have hundreds of ADUs but that’s just not the case,” Taylor said.
Accessory dwelling units are also regulated as a duplex under the building code. That hinders those who want to take an attic or a basement and turn it into an accessory dwelling unit because they have to meet building code requirements for a duplex, which is onerous because of fire codes.
None of the five either built or under construction are short-term rentals, Taylor said. Two are being used for family members with medical issues, Taylor said.
Taylor said he has not received any complaints from neighbors of the accessory dwelling units that have been permitted.
Taylor said they would like to come back to the planning commission and eventually council in 2023 for some possible tweaks that will make it easier for more people to be able to build accessory dwelling units.
Councilman Preston Worley said he would be open to allowing for newly constructed detached accessory dwelling units if it was regulated. Taylor said roughly four out of five people who have inquired about the program want newly-built detached structures.
