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HomeMy WebLinkAboutA006 - Memo from Assistant City Attorney on maximum occupancy revisions Memo City Attorney's Office 0 Caring People Quality Programs Exceptional Service TO: Eden Schmitt and Ray Anderson, Planners FROM: Judy K. Parks, Assistant City Attornell ' DATE: April 13, 2001 SUBJECT: Maximum Occupancy Revisions Per our meeting at which you described the various options you were planning to outline for City Council at their workshop, I have written up a draft of how the various options would read in the Code. It would be useful, as you read this,to keep handy the complete text of the definition of"family"so you can handily look at it to recall the several categories of"family". Also remember the rental housing code definition of"family",because it is referenced in one option. These definitions are set out here. "Sec. 29.201(62) Family means a person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (a) Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship; (b) Three unrelated people; (c) Two unrelated people and any children related to either of them; (d) Not more than eight people who are: (i) Residents of a "Family Home" as defined in Section 414.22 of the Iowa code and this ordinance; or (ii) "Handicapped" as defined in the Fair Housing Act,42 U.S.C. Section 3602 (h) and this ordinance. This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 U.S.C. Section 802 (6). (e) Not more than five people who are granted a Special Use Permit as a single nonprofit housekeeping unit (a "functional family") pursuant to Section 29.1503(4)(d) of this ordinance. (i) Exceptions - The definition of a "Family" does not include: a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization; b. Any group of individuals whose association is temporary or seasonal in nature; and C. Any group of individuals who are in a group living arrangement as a result of criminal offenses. Sec. 13.3(5) Family: An individual, or two (2) or more persons related to each other by blood, marriage, or legal adoption, including foster children, and not more than two (2) roomers; or in the alternative, not more than three (3) unrelated persons. 1. In all cases, each dwelling unit shall provide habitable floor space totaling at least eighty(80) square feet for the first occupant and sixty (60) square feet for each additional occupant. 2. RL and UCRM - Single Family Notwithstanding an excess of floor space over that required by subsection (1), above, in all single family dwellings in the RL and UCRM zoning districts, the maximum occupancy shall be one family, as defined by Sec. 29.201(62), except that for those dwelling units which are owner-occupied and which also had a valid rental housing letter of compliance on the date this ordinance went into effect, the maximum occupancy may also include up to two (2) roomers. 3. RH and RM Districts - Single Family and Duplexes Notwithstanding an excess of floor space over that required by subsection (1) above, in all single family and two family homes in the RH and RM zoning districts, the maximum occupancy shall be: OPTIONS (a) A family as defined at Sec. 29.201(62) (b) A family as defined at Sec. 29.201(62(a)(c), (d) and (e), and if the dwelling unit is owner-occupied, up to two (2) roomers may also reside there (c) A family as defined at Sec. 29.201(62) except that where parking spaces and parking lot landscaping are provided in conformance with current zoning code requirements for newly constructed apartment buildings, a maximum occupancy of up to five(5) unrelated persons are permitted. (d) A family, as defined at Sec. 29.201(62), except that dwelling units may be permitted to continue the occupancy that is indicated on their letter of compliance if they had an existing letter of compliance on the date this ordinance went into effect that allowed a greater occupancy than the new ordinance authorizes. 4. All zoning districts other than RH and RM Districts - Existing Apartments Notwithstanding an excess of floor space over that required by Subsection (1) above, in all existing apartments in zoning districts other than RH and RM,the maximum occupancy shall be a family as defined at Sec. 29.201(62). 5. RH and RM Districts - Existing Apartments Notwithstanding an excess of floor space over that required by Subsection (1) above, in all apartments existing in the RH and RM zoning districts on the date that this ordinance went into effect, the maximum occupancy shall be: OPTIONS: (a) A family as defined at Sec. 29.201(62)(a),(c),(d)or(e),or up to five unrelated adults. (b) A family as defined at Sec. 13.3(5) (c) A family as defined at Sec. 29.201(62)(a), (c), (d) or (e), or for unrelated persons, a number equal to the number of bedrooms in the unit,plus one. (d) A family as defined at Sec. 29.201(62) except that where parking spaces and parking lot landscaping are provided in conformance with current zoning code requirements for newly constructed apartment buildings,a maximum occupancy of up to five(5)unrelated adults is permitted. 6. RH and RM Districts - Newly Constructed Apartments Notwithstanding an excess of floor space over that required by Subsection (1) above, in all newly constructed apartments in the RH and RM zoning districts, the maximum occupancy shall be: OPTIONS: (a) A family as defined at Sec. 29.201(62)(a),(c),(d)or(e),or up to five unrelated adults. (b) A family as defined at Sec. 29.201(62)(a), (c), (d) or (e), or for unrelated persons, a number equal to the number of bedrooms in the unit, plus one.