ADU rules in Paducah

Sec. 126-98 makes ADUs "principally permitted in every zone in the City," one per single-family dwelling per lot, located in the rear yard only. ADUs are allowed even on lots that fall short of the zone's minimum lot area or width, but the underlying zone's setbacks still apply, and an ADU does not count as a dwelling unit for density. The section was added by Ord. 2022-04-8727 (4-12-2022) and amended by Ord. 2022-10-8752 (10-25-2022).

Since Ord. 2022-10-8752 (10-25-2022) struck the words "if not contained within the footprint of the home," §126-98(2) reads "ADUs are permitted in the rear yard only," so the ADU section no longer carves out an internal unit; a rear addition sitting in the rear yard reads as permitted, while a basement or interior conversion inside the existing footprint is not clearly an ADU. A second unit inside the house can instead be built as a two-family dwelling, a principal permitted use in R-1, R-2 and R-3 (and R-4), but that route carries the two-family lot-area minimums (7,000 sq ft per unit in R-1, 6,000 sq ft per unit in R-2). Ask the Planning Division how it classifies an internal unit before designing one.

Sec. 126-98(3) caps an ADU at fifty percent of the rear yard behind the principal dwelling and never more than the ground floor area of the principal dwelling; there is no fixed square-foot number. Sec. 126-98(5) limits ADU height to the height of the principal dwelling. The underlying zone's setbacks must be met (for example a 25 ft rear yard setback for R-1 and R-2 dwellings).

Sec. 126-98(1) requires that "the property owner must reside in either the principal dwelling or the ADU as their permanent residence." The requirement is ongoing rather than only at application, and the owner may live in either unit. Kentucky has no state ADU statute that limits it.

Sec. 126-98(6) states "One (1) additional parking space shall be required" for the ADU, on top of the parking the zone requires for the main house. In R-1 and R-2, residential parking must be at least a dense-grade aggregate surface and no more than four vehicles may park in a front yard.

ADUs are a principally permitted use in every zone under §126-98, so a code-compliant ADU needs a building permit with zoning review by the Community Development Department, not a hearing. Board of Adjustment conditional use approval (§126-68) only comes in if the ADU is going to be an ongoing short-term rental in R-2 or R-3, or if a variance is needed.

Because the owner must live on site, only one of the two units can be rented. Every rental dwelling unit, one- and two-family included, must be registered and hold a rental occupancy permit from the Fire Prevention Division ($50 per unit per year, inspection on application) under Chapter 42, Article III, adopted by Ord. 2026-02-8869 (2-24-2026). Sec. 126-98(7) lets an ADU be a short-term rental (under 30 consecutive days) or special event short-term rental subject to the zoning ordinance: R-1 allows only special event rentals (under seven days a year, at most two permits a year), R-2 and R-3 list short-term rentals as Board of Adjustment conditional uses, and R-4 and B-2-T allow them by right. Short-term rentals also need a city business license and must file the McCracken County transient room tax. The code has no rule on selling the ADU separately, but it is one ADU per single-family dwelling per lot.