HomeMy WebLinkAboutA003 - Memo from Kelly Diekmann dated December 12, 2023 CITY of
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PLANNING & HOUSING
Department of Planning & Housing
TO: Mayor and City Council
FROM: Kelly Diekmann, Planning& Housing Director
DATE: December 12, 2023
SUBJECT: ADUs in relation to Accessory Uses and Guest Lodging
A question was asked by the public on how the accessory use limits of Zoning Ordinance Section
29.501(3) applied to ADUs. Specifically, if the 25% floor area limitation in relation to principal use
(dwelling)applied and if an ADU could be used for limited short term lodging of home shares.
As currently written staff would not apply the 25% floor area limitation to the ADU. All through the
discussion of the standards it was clear that the ADU would be treated the same as other accessory
buildings with a maximum size of 900 square feet subject to other development standards of lot coverage
and setbacks. The 25% use limit has not been applied to accessory buildings previously. City Council
could choose to pass the ordinance as is or if it wants to clarify that the 25% limit does not apply
changes to 29.501 (3) (c)shown below.
vi. Have a gross floor area that, in combination with all other uses accessory to Principal Uses
located in the same structure or on the same lot, does not exceed 25% of the gross floor area
utilized by all Principal Uses. The 25%floor area limitation does not apply to off-street parking
or Short-Term Rentals, or accessory buildings including ADUs.
This same section describes that Home Shares(short term rentals where the owner resides,but may license
its for lodging up to 90 days without it being rental)are an accessory use of a dwelling that is the primary
residence of the owner. If the owner is not present or leased for more than 90 days,the property must be
registered as a rental. The question was if an ADU is included within the"primary residence"allowance.
As written, staff believes the ADU could not be use as Hosted Horne Share or Home Share by the owner.
To use the ADU it would have to be licensed as a rental. If this is not the intent of City Council, an
exemption for ADUs would need to be added to 29.501 (3) (c)as described below.
iv. May include the use a portion of a dwelling unit that is the primary residence of the property
owner or an a2proved ADU as limited Short-Term Rental(Home Share or Ilosted Home Share).
Hall, Renee
From: Diekmann, Kelly
Sent: Tuesday, December 12, 2023 5:41 PM
To: City Council and Mayor
Cc: Schainker, Steve; Hall, Renee
Subject: ADU Memo December 12th
Attachments: ADU Accessory Use Memo from P&H.pdf
Hello Mayor and City Council, attached is a memo addressing two questions about
ADUs that came from the public and I believed it was important to clarify it for the
Council as well.
The memo explains that ADUs are not limited in size to 25% of the primary dwelling
floor area, it is defined in size as other accessory buildings with a maximum of 900
square feet.
Secondly, unless the property registered as a rental, the ADU cannot be used as a
Home Share or Hosted Home Share for Guest Lodging.
The memo will be on the dais as well.
Kelly Diekmann
Planning and Housing Director
515.239.5400-mains 515.239.5181 direct 1515.239.5404 -fax
kelly.diekmannecityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CitvofAmes.org I —Caring People'"Quality Programs "' Exceptional Service '"
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