ADU rules in Papillion

A detached ADU is allowed only as a "secondary residence in an accessory structure, such as a caretaker's residence, guest home, granny flat or hired-hand quarters," and only with a special use permit, which Papillion's code lists as a permitted accessory use to any residential use (§ 205-208(B)(6)). The special use permit is a discretionary approval: a Planning Commission public hearing and recommendation, then a City Council public hearing and majority vote (§ 205-302). Separately, the Two-family residential use (two dwelling units on one lot, each in a separate building) is permitted by right in R-3, R-4 and MH and by special permit in R-2 under Table 205-38, but it is a two-principal-dwelling use with a 50-foot frontage minimum and rear-placement rules (§ 205-200(C)), not an accessory unit, and it is not available in AG, RE or R-1.

The code has no attached or interior ADU route. The secondary-residence allowance in § 205-208(B)(6) is limited to an "accessory structure," and an accessory building physically attached to the house is treated as part of the principal building (§ 205-220(A)(10)). Single-family residential is defined as "one dwelling unit, occupied by one family" (§ 205-17(A)), so a second unit inside or attached to a house is a Duplex, which Table 205-38 permits by right only in R-3 and R-4 and by special permit in R-2, subject to the duplex lot standards (for example a 12,000 sq ft minimum lot in R-2 and 10,000 sq ft in R-3); it is not allowed in AG, RE or R-1. A pending rewrite (Ord. 2093) would allow one interior ADU in every single-family residence, but the Council tabled it on 8-18-2026.

Papillion sets no floor-area or percentage limit for a secondary residence itself. Because it must sit in an accessory structure, the accessory-building limits in § 205-220 apply: no non-shed accessory building may exceed 960 sq ft in R-1, R-2, R-3, R-4 or RE; height is capped at 15 feet in R-1 to R-4 and 20 feet in RE; R-1 to R-4 lots may have at most two accessory buildings; and accessory buildings over 200 sq ft must match the house's materials. District building and impervious coverage limits also apply (45 percent and 55 percent in R-2, for example), and the City Council may impose further conditions on the special use permit (§ 205-302(F)).

Neither § 205-208(B)(6) nor the special use permit procedure requires the owner to live on the property. However, the City Council "may, at its discretion, apply a special use permit to a specific owner or applicant" and may attach special operational conditions (§ 205-302(F)(1)), so an individual permit could be tied to the applicant. Nebraska has no statute limiting owner-occupancy rules for ADUs.

The off-street parking schedule in § 205-241 has no line for a secondary residence. It requires 2 spaces per dwelling unit for single-family, duplex and two-family residential uses, and for any use under a special use permit the Planning Commission and City Council may raise or lower the § 205-241 minimums based on similar uses and expected demand (§ 205-242(A)(1)). In practice, the parking for a granny flat is decided in the permit; plan on the 2-per-unit rate as the likely reference point.

A secondary residence needs a special use permit, which the code describes as "public review and discretionary City Council approval": the Planning Commission holds a public hearing and recommends, and the City Council holds its own public hearing and votes (§ 205-302(A), (B) and (D)). The application requires a site plan, a title-company certified list of owners within 300 feet with mailing labels, and a fee of $300 (one acre or less) or $500 (over one acre). A permit lapses if not used within two years and can be revoked for violating its conditions (§ 205-302(G)). A building permit is also required. The by-right Duplex and Two-family uses in R-3 and R-4 are the only routes to a second unit that skip the hearing.

Papillion's code does not bar or license renting a secondary residence, and an eCode360 search found no short-term rental provisions. The City Council can attach operating conditions to each special use permit or limit it to a specific owner (§ 205-302(F)(1)). Each dwelling unit is for one "family" of no more than three unrelated persons (§ 205-11). Nebraska's 18-1758 bars cities from prohibiting short-term rentals, and the city's 5 percent occupation tax on "hotel" lodging, including lodging houses and bed-and-breakfasts, may reach nightly rentals (§ 175-9). Nothing in the code addresses selling the unit separately.