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‘Mother-in-Law Suites’ Now Allowed in Evansville, Vanderburgh County

Council members Missy Mosby (right) and Angela Koehler Lindsey, discuss Accessory Dwelling units at the Monday night meeting. Mosby, a realtor, had concerns over future financing for properties with an existing ADU.  She also had concerns about landlords not following the ordinance  that requires living on-site. "We have all kinds of rental problems right now, how do you know that they're going to stay and occupy that (home)?" Ultimately, she voted for the ordinance.
Tim Jagielo
/
WNIN News
Council members Missy Mosby (right) and Angela Koehler Lindsey, discuss Accessory Dwelling units at the Monday night meeting. Mosby, a realtor, had concerns over future financing for properties with an existing ADU. She also had concerns about landlords not following the ordinance by living on-site. "We have all kinds of rental problems right now, how do you know that they're going to stay and occupy that (home)?" Ultimately, she voted for the ordinance.

Accessory Dwelling Units can be built on lots larger than 5,000 square feet, with size and landlord requirements

With an aging US population and a need for more housing in the city the Evansville, the City Council and Vanderburgh County Commission have approved an ordinance that might ease both challenges.

The ordinance allows for the construction of Accessory Dwelling Units, which are sometimes known as “mother-in-law suites.” The County Commission recently approved their own ordinance for properties beyond city limits.

There are size and location restrictions and some lots won’t be big enough. If rented, property owners are required to live on the property.

City and County Planner Blaine Oliver said they looked at other ordinances in comparable cities when crafting this one.

“We not only looked at other communities' ordinances, we looked at professional associations and documents that they're putting out about ADUs.”

The audience at the Monday night City Council meeting spoke in support of the ADUs — how it will help family members to age in place or give out-of-town children and grandchildren a place to stay when visiting.

Council President Zach Heronemus highlighted the need for more housing inside the city.

Previously he mentioned that according to the Department of Metropolitan Development’s Housing Needs Assessment, Evansville needs about 5,500 more dwelling units in the city — including 1,000 for low-income housing.

These Accessory Dwelling Units can be between 400 and 800 square feet and complete with real foundations and working plumbing and electrical.

Units can be built on 5,000 square foot lots or larger. About 400 properties in the city won’t qualify because they’re too small.

Legal Counsel for Area Plan Commission Dirck Stahl said accessory dwelling units are becoming popular across the US.

“In an age when we are dealing with an aging population, and a lot of us are facing the possibility of having aging parents who may be able to live in a situation like this, but still have some independence. It is an important opportunity.”

He added that this is not intended to be an opportunity to add more rentals to the city.

If the ADU is not for a family member or a guest, an ADU can be rented, but the ordinance stipulates the landlord/owner must live in either the original home or the ADU.

Missy Mosby discussing the proposed ADU ordinance.
Tim Jagielo
/
WNIN News
Missy Mosby discussing the proposed ADU ordinance.

Some council members such as Missy Mosby had concerns over resale value, and enforcing the landlord requirement.

"We have developed a document that will address that," Stahl said. "You're used to seeing 'use-and-development commitments,' for example."

The vote was seven to one, with Council Member Jonathan Weaver voting in dissent. He likes the idea of a unit for family, but was also concerned about future resale and financing.

“I would’ve liked to see this written for 'family' only, because I think it’s going to create future zoning issues later; especially if one is going to sell, the buyer will have trouble getting financing.”

He’s also concerned about setback requirements. “The 5,000 square-foot minimum requirement is way too small, especially with setback requirements off rear and side yards for a minimum 400 square-foot structure.”

The County Commission passed their own ordinance two meetings back, with no modifications. However, Commissioner Cheryl Musgrave said the Area Plan Commission is looking at a proposed revision for the county — eliminating the square foot limitations. “County properties generally have much more available space,” she said.

Legal Counsel for Area Plan Commission Dirck Stahl answered questions at the City Council meeting.
Tim Jagielo
/
WNIN News
Legal Counsel for Area Plan Commission Dirck Stahl answered questions at the City Council meeting.

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