ADU rules in York

York's zoning ordinance (Appendix A of the Municipal Code) has no accessory dwelling use, and Art. XXV Sec. 1(4) says flatly that no accessory building shall be used for dwelling purposes. The lot definition also contemplates one main building per lot with its accessory buildings. A backyard cottage, garage apartment or guest house with living quarters is therefore not allowed in any residential district.

The code never names an accessory dwelling unit, but the "R" Single-Family district lists "Single-family ... and two-family dwellings" as a permitted use (Art. VII Sec. 3(1)), as do R-2 and R-3. A homeowner can therefore add a second unit inside or attached to the house only by making it a two-family dwelling, which in "R" needs a lot of at least 5,000 sq ft per family (10,000 sq ft) and in R-2 at least 3,000 sq ft per family (6,000 sq ft). Many older 7,200 sq ft "R" lots fall short. R-2's roomer rule allows renting up to two sleeping rooms but bars separate culinary accommodations, so it is not an ADU route.

Because the only route is a two-family dwelling, there is no unit-size limit; the binding constraint is lot area: in "R" a two-family lot needs 5,000 sq ft per family and the district's general minimum is 7,200 sq ft, while R-2 needs 3,000 sq ft per family. Buildings in R and R-2 may not exceed 35 feet. Accessory buildings, which may not be lived in, are capped at two per parcel totaling 1,300 sq ft and 18 feet on parcels under 2.25 acres.

Nothing in the zoning ordinance ties a two-family dwelling to owner residence; the use is listed without conditions. Quoted full-code Municode searches for "owner-occupied", "owner occupied" and "owner occupancy" returned no hits on 2026-10-15. Both units of a duplex may be tenant-occupied.

Art. XX Sec. 1(1) requires one off-street parking space for each dwelling unit in single- and two-family dwellings, triggered whenever a structure is erected, converted or structurally altered. Converting a house to a two-family dwelling therefore adds one required space. A parking space is at least 9 by 20 feet under the definitions.

Two-family dwellings are permitted uses in R, R-2 and R-3, so a conforming conversion or addition needs only a building permit from Building and Zoning, with no hearing. Special permits under Art. XXIX (City Council) are required only for the listed special uses, none of which is a second dwelling. A lot short of the per-family area would need a variance from the Board of Adjustment or a rezoning.

The zoning ordinance places no rental restriction on a two-family dwelling, so either unit may be rented long-term. The household definition says uses where tenancy may be arranged for less than a month-to-month basis are not household living but a form of lodging, and boarding and lodging houses (which include bed and breakfasts) are listed in R-3; the code has no short-term rental license. Anyone providing overnight lodging pays a 5 percent occupation tax on the room rate under Sec. 48-119. Neb. Rev. Stat. 18-1758 bars a municipality from expressly or effectively prohibiting short-term rentals, so the lodging classification may not be enforceable against them.