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HomeMy WebLinkAboutA007 - Report from Workshop on April 17, 2001 1 7 1 WORKSHOP April 17, 2001 OCCUPANCY IN THE RENTAL HOUSING AND ZONING CODES The Philosophy: For many months the City Council solicited input from the public prior to finalizing the revised Zoning Ordinance. The City Council received feedback from many citizens at that time complaining about single family rental units in neighborhoods and the negative impact in terms of noise, parking, and property maintenance. As a result of this feedback the Council sought to establish a policy that would reduce the occupancy allowances in single family units that were not designed to accommodate "extra"occupancy both for the interior and exterior and, at the same time, maintain the occupancy allowances in multiple family units that were designed to handle this higher density per unit. This policy was implemented by amending the Zoning Ordinance to eliminate the possibility of roomers in single family units, and to maintain the number of unrelated persons (up to 5 unrelated people) in multiple family units without a corresponding off-street parking requirement.. The Problem: Although the Zoning Ordinance was changed to reflect the Council's new philosophy, the Rental Housing Code retained the allowance for a family and two roomers or three unrelated people in all dwelling units in all zoning districts. Hence, an inconsistency now exists between the Zoning Ordinance and the Rental Housing Code in terms of occupancy limits. It is difficult for the Inspection staff to issue Letters of Compliance to rental property owners until these two ordinance inconsistencies are reconciled. On March 27, 2001, City staff presented this problem to the City Council for the first time. Realizing that this issue is very complex, the matter was referred to staff to schedule a workshop at a special meeting to allow more time to discuss the matter. The Issues: From our initial discussion, the Council requested occupancy options dealing with single family units in low density areas, single family units in higher density areas, multiple family units, and a "grandfathering" approach. The following pages represent alternative occupancy recommendations for each of these issues. 2 I. NEW AND EXISTING SINGLE FAMILY AND TWO FAMILY UNITS IN LOW DENSITY AREAS (n&ucRm) No Roomer Option. Allow only a family as defined in Section 29.201(62) of the Zoning Ordinance (see Attachment I). Roomer Option If Owner Occupied. Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance to have up to two roomers if the unit is owner occupied. Roomer Option If Owner Occupied & If Additional Parking . Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance to have up to two roomers if the unit is owner occupied and if there is one additional parking space provided off street in excess of the current code requirement for each roomer. (If one roomer, the property would be required to have three off-street parking spaces. If two roomers, four parking spaces would be needed.) STAFF'S RECOMMENDATION: Assuming that the City Council wishes to support your original philosophy, staff would recommend the No Roomer Option. Most of the negative input that was received dealt with the use of single family homes as rental units in single family neighborhoods. If the Council desires to reconsider their philosophy, it is possible to allow roomers in owner occupied units with, or without, an off-street parking requirement. 3 II. EXISTING SINGLE FAMILY AND TWO FAMILY UNITS IN MEDIUM AND HIGH DENSITY AREAS (Rim&Rx) No Roomer Option. Allow only a family as defined in Section 29.201(62) of the Zoning Ordinance (see Attachment I). Roomer Option If Owner Occupied. Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance to have up to two roomers if the unit is owner occupied. Roomer Option If Owner Occupied & If Additional Parking . Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance to have up to two roomers if the unit is owner occupied and if there is one additional parking space provided off street in excess of the current Code requirement for each roomer. (If one roomer, the property would be required to have three off-street parking spaces. If two roomers, four parking spaces would be needed.) Total Occupancy. Allow a family as defined in Section 29.201(62) of the' Zoning Ordinance, or one more person than the number of bedrooms'..---- Occupancy Based On Bedroom Count If Additional Parkin . Allow a family as defined in Section 29.201(62)( of the Zoning Ordinance, or one more person than the number of bedrooms if off-street parking meets current Code for apartments. (One parking space per bedroom for two bedrooms or more in general, and 1.25 parking spaces per bedroom for two bedrooms or more in University Impacted area.) Occupancy Based On Occupant Count If Additional Parking. Allow a family as defined in Section 29.201(62) of the Zoning Ordinance, or up to five unrelated people if off-street parking meets current Code for apartments. (One parking space per bedroom for two bedrooms or more in general, and 1.25 parking spaces per bedroom for two bedrooms or more in University Impacted area.) STAFF RECOMMENDATION: Based on the latest feedback we received from rental property owners and the fact that most of the neighborhood objections involved single family areas, staff would now recommend the Occupancy Based On Bedroom Count If Additional Parking Option. This recommendation for single family units would then be consistent with the staff s position on apartment units in medium and high density areas and is easier to administer. 4 III. EXISTING APARTMENTS (THREE UNITS OR MORE) IN ZONING DISTRICTS OTHER THAN RM & RH Diu.,xoc,ucxM> Occupancy. Because these are non-conforming uses, allow only a family as defined in Section 29.201(62). STAFF RECOMMENDATION: These units would be non-conforming and, therefore, this one Occupancy Option is recommended. Staff does not believe occupancy should be expanded in areas not planned for multiple family units. 5 IV. EXISTING APARTMENTS (THREE OR MORE UNITS) APPROVED BEFORE MAY, 2000, IN MEDIUM AND HIGH DENSITY AREAS (Rm&Ra) Total Occupancy As Per Zoning Code For Apartments. Allow a family as defined in Section 29.201(62), or up to five unrelated people. Total Occupancy As Per Rental Housing Code. Allow "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." Total Occupancy Based On Bedrooms. Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance, or one more person than the number of bedrooms. Occupancy Based On Bedroom Count If Additional Parking. Allow a family as defined in Section 29.201(62) of the Zoning Ordinance, or one more person than the number of bedrooms if off-street p king meets current Code for apartments. (One parking space per bedroom for two bedrooms or more in general, and 1.25 parking spaces per bedroom for two bedrooms or more in University Impacted area.) STAFF RECOMMENDATION: The staff is recommending the Occupancy Based On bedroom Count If Additional Parking Option. It appeared from our initial discussions that the City Council preferred an alternative that maintained some degree of parking requirement tied to occupancy levels. This option would accomplish this preference and also is easier to administer. In many cases this option will increase the density per structure over what is currently allowed in the Rental Housing Code. 6 V. NEW APARTMENTS (THREE OR MORE UNITS) APPROVED AFTER MAY, 2000, IN MEDIUM & HIGH DENSITY AREAS (Rm&xx) Total Occupancy As Per Zoning Code For Apartments. Allow a family as defined in Section 29.201(62), or up to five unrelated people. Total Occupancy Based on Bedrooms. Allow a family as defined in Section 29.201(62)(a) of the Zoning Ordinance, or one more person than the number of bedrooms. (Since they are newly constructed, these units would already meet the new parking requirements.) STAFF RECOMMENDATION: Staff is recommending the Total Occupancy Based On Bedrooms Option. This position is consistent with the requirements suggested for existing apartments and easier to administer. VI. "GRANDFATHERING CONCEPT" Actual Approved Occupancy Prior To May, 2000. Allow the occupancy to continue in accordance with the number of occupants approved in the most recent Letter of Compliance prior to May, 2000,unless negated by a change in conditions of the property that would restrict the number of occupants in accordance with the new law. In most cases, the Letter of Compliance issued by the City will verify the number of occupants prior to the change in the Zoning Ordinance. In the event that this is not possible, the City would require some form of proof or affidavit as to the occupancy at the time. Allowable Occupancy Prior To May, 2000. Allow the occupancy to continue in previously approved units in accordance with the maximum number of occupants that would have been allowed prior to May, 2000,unless negated by a change in conditions of the property that would restrict the number of occupants in accordance with the new law. Under this concept owners would be allowed an occupancy up to five people according to the previous ordinance even though the occupancy never reached that level, nor was in existence when the law changed. STAFF RECOMMENDATION: When the City Council adopted the new Zoning Ordinance, there was a concerted effort made to mitigate the negative effects on property owners from the change in regulations. Assuming this remains an objective of the Council, the staff is recommending the Actual Approved Occupancy Prior to May, 2000, Option. This option is recommended because it represents the most recent occupancy that was verified to be in compliance with the City codes. Because it involves a specific date and a determination of compliance with the Code at a point in time, it will be easier to verify and be more easily understood by the property owner and the City. 8 The Process: Where Do We Go From Here?: It is hoped that the City Council can agree on a preferred option for all six of these issues presented above. Armed with this information, the staff is prepared to schedule a public meeting with rental property owners and neighborhood representatives to review our recommendations. After this input, we'll bring back to the Council for your final approval a revised Rental Housing Ordinance and Zoning Ordinance, depending on your preferred option. ATTACHMENT I MUNICIPAL CODE, Chapter 13 (Rental Housing Code), Section 13.3(5) (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. MUNICIPAL CODE, Chapter 29 (Zoning), Article 2 (Rules of Construction and Definitions, Section 29.201(62) (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.