Accessory Dwelling Units (ADUs) are a significant and evolving issue in Ohio’s land use and zoning landscape.
What Are ADUs?
ADUs are secondary residential units on single-family residential properties – think garage apartments, basement units, backyard cottages, or converted portions of existing homes. They’re also called “granny flats,” “in-law suites,” or “carriage houses.”
Why They're Hot Topics in Ohio
Housing Affordability Crisis: Like many states, Ohio is experiencing housing shortages and affordability challenges. ADUs offer a way to increase housing stock without major new construction or infrastructure investment.
Zoning Barriers: Traditional single-family zoning in most Ohio municipalities prohibits ADUs entirely. This creates legal hurdles that require either zoning code amendments or variance processes.
State vs. Local Control: There’s growing pressure for state-level legislation to override local zoning restrictions that prohibit ADUs, similar to what’s happened in states like California and Oregon.
Current Legal Landscape in Ohio
Most Ohio municipalities have zoning codes written decades ago that don’t contemplate ADUs. This means:
- ADUs are often prohibited by default in residential zones
- Property owners must seek variances or special permits
- Requirements vary dramatically between municipalities
- Some progressive cities have started updating codes to allow ADUs with conditions
Emerging Trends and Pressures
Legislative Interest: There’s growing discussion about whether Ohio should follow other states in preempting local zoning restrictions on ADUs to address housing shortages.
Municipal Adaptation: Forward-thinking Ohio municipalities are proactively updating their zoning codes to allow ADUs with appropriate standards for parking, setbacks, utility connections, and occupancy.
Property Rights Arguments: ADU advocates frame this as a property rights issue – allowing homeowners to maximize their property’s potential while creating housing opportunities.
The ADU issue sits at the intersection of housing policy, local zoning authority, property rights, and state preemption – making it a particularly complex and contentious area of Ohio land use law right now.
