HomeMy WebLinkAbout~Master - Text Amendments to Municipal Code to Allow Accessory Dwelling Units (ADUs) in Residential Districts ORDINANCE NO, 451.6
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, BY AMENDING
CHAPTER 13, RENTAL HOUSING; CHAPTER 29,
ZONING; AND CHAPTER 31, HISTORIC
PRESERVATION THEREOF, FOR THE PURPOSE OF
ALLOWING ACCESSORY DWELLING UNITS IN
RESIDENTIAL DISTRICTS; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One, The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amended by amending Chapter 13,Rental Housing Code;Chapter 29,Zoning,and Chapter
31,Historic Preservation as follows:
"CHAPTER 13,RENTAL HOUSING
See. 13.100.GENERAL
(5)Exceptions.The following residential structures are exempt from these rules:
(a) owner-occupied single-family dwellings(see definition of"Owner-Occupied Dwelling
Unit"in Section 13.201). For purposes of this exception,an Accessory Dwelling Unit
ADU is considered part of the single-family dwelling so long as both dwellin units
are owner-occupied;
Sec. 13.201.TERMS DEFINED
DWELLING UNIT,ACCESSORY.Accessory Dwelling Unit(ADU)is defined and permitted
through standards of the Zoning Ordinance as a detached"dwelling snit"on the same property as
a single-family dwelling_
See. 13.300.GENERAL
(1) Registration required.No owner or operator shall rent,or offer for rent,any dwelling unit for
use in whole or in part for human habitation, unless:
Lc) For properties with an ADU, the property must also include the primary residence of
the owner.
See. 13.503. OCCUPANCY LIMITATIONS
(4) Limits based on Zoning District-Maximum Occupancy
(e) The maximum occupancy for a single-family or a two-family dwelling unit shall be
based upon compliance with all standards of the Code,including but not limited to parking
spaces, area requirements,habitable space requirements,and the following:
(iii) For properties with a single-family dwelling_and an approved ADU, the
maximum occupancy of the single-family dwelling is calculated based upon its
bedroom count, if it is the licensed rental unit on the property.An ADU is limited
to a maximum of three adults,if it is the licensed rental unit on the property. In no
event can both dwellings be licensed as rental units,regardless of owner resideno.
(4imy iv) For dwelling units located within the Near Campus Neighborhoods the
number of bedrooms for determining maximum occupancy on a property shall be
determined by the number of bedrooms listed in the records of the Ames City
Assessor as of January 1, 2018, or by the number of bedrooms reflected in the
inspection records of the City of Ames Inspections Division as of January 1,2018,
whichever number is higher, The number of bedrooms for occupancy ur oses
cannot be increased in excess of these limitations through any changes to or
additions to an existing dwelling or through new construction of a dwelling,
including an ADU.
(k*(yyhAny room that had a legally conforming egress window on January 1,
2018...
CHAPTER 29,ZONING
See.29.201. DEFINITIONS.
(3a)Accessory Dwelling Unit(ADU)means a detached"dwelling unit'on the same property with
a single-family dwelling that includes the Primary Residence of the owner.
(5)Accessory Structure means a subordinate structure detached from but located on the same lot
as a principal building. The use of an accessory structure must be incidental and accessory to the
use of the principal building. Accessory Structures include, but are not limited to, acc sso!y
dwelling units(ADUs).garages,sheds,and fences.
Sec. 29.304. USE REGULATIONS.
(3)Prohibited Uses.
(a)Uses Prohibited in All Zones...
(iv)Any building for human habitation located to the rear of another building on
the same lot. Any building for any purpose whatever located in front of any
building for human habitation on the same lot.This subsection Wdoes not apply
to uses located in the Agricultural (A) Zone or to any use of a lot expressly
permitted by provisions of this Ordinance, including multifamily residential use
and accessory dwellingunits hits(ADUs).
Sec.29.406. OFF-STREET PARKING.
Table 29.406(2)Minimum Off-Street Parking Requirements
RESIDENTIAL DWELLINGS
Accessory Dwelling Units 1 spacelRU Not Applicable
Sec, 29.408.OTHER GENERAL DEVELOPMENT STANDARDS.
(7)Requirements for Private Garages and Other Accessory Buildings
(a) The following requirements apply to private garages and accessory buildings in Agricultural,
Residential and 14ospital/Medical districts:
(i)Location Within Setbacks
(b)Side Yards.
(ii) Corner Lot, A one-story arage or accessory building may be placed
within 3 feet of the side lot lines,
(c)Rear Yards.
(i)... For purposes of this section,the rear yard is located between the rear
lot line and the a principal building, extending from side
lot line to side lot line. ...
(iv) General Requirements.
(c)No detached garage or accessory building shall contain habitable space,unless
approved as an Accessory Dwelling Unit(ADU)."Habitable Space"is defined for
this purpose as: facilities or improvements for sleeping,cooking,and a bathroom.
Other than an approved ADU, only an accessory building used for recreational
purposes, such as a pool house, may include a bathroom
eel-l�etise.
(d)The following requirements apply to shared common lot line garages ...
(iv) General Requirements.
(c)No detached garage or accessory building shall contain habitable space,unless
approved as an Accessory Dwelling Unit(ADU)"Habitable Space"is defined for
this purpose as: facilities or improvements for sleeping, cooking,and a bathroom.
Other than an approved ADU only an accessoa building used for recreational
purposes, such as a pool house, lmgy include a bathroom
Plumbing quah as a pool house.
See,29.409.ACCESSORY DWELLING UNIT(ADU) STANDARDS,
An ADU is a speci&Upe of accessory building with requirements additional to those of priyqte
garages and accessory buildings provided in 29.408,
(1)Where Permitted.
(a)Zoning;districts. ADUs are permitted in the following zoning districts: R-L,.R-M UCRM, FS-
RL,FS-RM,and F-PRD.
(i)_One ADU is allowed on any lot having one existing single-family dwelling that is the
primary residence of the property owner,and,no other dwellings are on the lot. If a lot has
two or more dwellings,an ADU is not penni ed,
(b) Overlay zoning: districts. If the property is in an overlay zone, such as the Single-Family
Conservation(O-SFC)or the Historic(O-H), it may be subject to additional design standards and
permitting requirements. In the event of conflict between overlay regulations and the regulations
included h rein the more restrictive regulations shall control.
2 Independent Dwelling Unit.
(a) Detached from the principal building. The detached ADU may be created through the
.conversion of an existing detached structure or mgy be new construction creating a new standal ne
building No ADU may be established as an addition to or within an existing single-family
dwelling.
(b)Functions Independently.The ADU must function independently from the principal residence.
It must include its own bathroom and kitchen facilities and be connected to public utilities including,
water and sanitary sewer. Separate metering is not required but allowed,
(c)_Foundation. Whether constructed on site or premanufactured, an ADU must be placed upon a
permanent foundation,
,(3)Lot Size
There is no minimum lot size for an ADU.
(4)Size Limitations and Bedrooms.
The ADU is subject to the gross floor area limitations of accessory buildings and is limited-to one
bedroom.Any additional area or room that meets_the definition of a bedroom as defined within the
Zoning Ordinance is prohibited.
(5)Parking& Driveways.
(a) One paved off-street parking space is required for the ADU in addition to the two spaces
required for the principal building.Although spaces for the principal building can include two cars
parked in tandem. an ADU parking space cannot be in front of or behind another required parking
space.All l2arking spaces must be paved and located in accordance with the requirements of 29.406
(b) Sidewalk, A sidewalk is required to connect the primary exterior entrance of the ADU with the
saved parking area or to the principal building;
(6)Oceuaancv.
(a)Owner-occupancy.No building permit or rental letter of compliance will be issued by the City
for an ADU unless the titleholder resides on the property as their primary residence. The property
owner's_primary residence may be either the principal building or the ADU. Prior to issuance of a
permit, a"Notice of Limitation on Rental"shall be recorded by the property owner, including an
affidavit confirming their understanding of rental and occupancy requirements. The "Notice of
Limitation on Rental" shall be on a form prepared by the city. Properties owned by an L.L.C. or
other non-natural person entiV do not qualify as owner-Qccy,pied�
(b) The maximum occupancy of an ADU is limited to three adults. Additional occupancy
limitations may apply to Near Campus Neighborhoods,as defined within Chapter 13,Rental Code.
(c)Rentals. Only one of the two dwelling units on the lot may be a rental.Any ADU or principal
building that is intended for use as a rental must be registered with the,city„and,have a valid rental
permit.All requirements of Chapter 13,Rental Code apply,
Sec.29.444410. SIZE AND APPEARANCE DETACHED DWELLINGS.
All non-attached dwelling structures of any kind located outside the RLP Zone, shall meet
the following minimum standards:
(1) The principal portion or main body of the principal structure shall have a width and
length of not less than 20 feet.
(2) The siding of any dwelling unit the-AFuek+m-shall consist of wood, simulated wood
siding (to include horizontal lapped steel, vinyl, or aluminum siding), brick, stone, stucco or
concrete and,furthermore,shall not have an appearance or condition incompatible with conserving
the market value and beneficial use and enjoyment of adjacent buildings, as determined by the
:person responsible for zoning administration, Any person aggrieved by that determination may
appeal to the Zoning Board of Adjustment as by law provided.
Sec. 29.4-10411. SINGLE FAMILY ATTACHED DWELLINGS - PARTY WALL
AGREEMENT.
Sec.29.409412, BILLBOARDS.
See.29.414.413. OUTDOOR lJGH'rlNG CODE.
Sec.29.41-A414. STORMWATER MANAGEMENT DESIGN STANDARDS.
Sec.29.501. CLASSIFICATIONS OF USES.
(3) Accessory Uses. Unless otherwise stated in this Ordinance or otherwise indicated in the Use
Tables for each zone:
f
f
f
i
(e)Accessory Uses;;
0�. Are clearly incidental and customary to and commonly associated with the operation
of the Principal Use;
ii i-h Are operated and maintained under the same ownership or by lessees or
concessionaires of the owner, and on the same zone lot as the Principal Use;
it Do not include structures or structural features inconsistent with the Principal Use;
iy ' .May include the use a portion of a dwelling unit that is the primary residence of the
property owner as limited Short-Term Rental(Home Share or Hosted Home Share);
(v)Mav include one accessory dwelling unit(ADU)on ansingle-family residential zoned
lot havina one existing sin le-family dweln .
vi . Do not include residential occupancy in conjunction with rises other than hotels,
motels,tourist homes and similar uses offering transient housing accommodations,which
is also not permitted except by owners and employees employed on the premises and of
the immediate families of such owners and employees;
vii v+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
t
off-street parking,eF Short-Term Rentals,or accessory buildings including ADUs.
i
a
k
Table 29.501 (4)-1
RESIDENTIAL USE CATEGORIES
j Household Living
i
Accessory Uses
Accessory DwellingUnits nits(ADUs) subject to the limitations found in the Zone Use Tables and
the Use Development Standards
i
Sec.29.701. "RL" RESIDENTIAL LOW DENSITY.
i
Table 29.701(2)
Residential Low Density(RL)Zone Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living Accessory Uses
..........................._..........................___.___.._.._..... _ _......................___...................................... _....._.._.._...........
Accessory Dwelling Unit Y ZP Staff
I
See. 29.702, "R1vi" RESIDENTIAL MEDIUM DENSITY.
* x
Table 29.702(2)
Residential Medium Density(RM)Zone Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTIORITY
RESIDENTIAL USES
II *M f
lIouschold Living Accessory Uses
_ ......................_..........................�....................... _........................................_ ....................................._..................._......................
Accessory Dwelling Unit Y ZP Staff
L_...._._.............................................................. ............_................................................ ......................................................_ ..__-___.._.............
................_...-...................,.............�......
Sec.29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE.
Table 29.703(2)
Urban Core Residential Medium Density(UCRM)Zone Uses
! USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living Accessory Uses
...._............._............ ...... _-_........._...._....... _ ..................................._..........................................................................................._.......................................
..............
_._..........
Accessory Dwelling Unit Y 2P Staff
See, 29.1.101. "O-SFC" SINGLE FAMILY CONSERVATION OVERLAY DISTRICT,
(6) Intensification Limited. In the O-SFC the maximum number of dwelling units, of any kind
defined in Section 29,201,shall not at any time be permitted to exceed 648. Al2proved accessory
dwelling units(ADUs) after January 1,2024,are exempt from this limitation. Additionally,in the
O-S.FC, apartment dwellings shall not be permitted unless the plans for the project meet the
following standards:
(9)Compatibility Standards.New construction of any rin�c�building or other structure or any
change in the use of land shall comply with the following compatibility standards= Accessory
dwelling snits ADUs)are not subject to the compatibility standards.
Sec.29.1202. "F-S" SUBURBAN RESIDENTIAL ZONE.
x
Table 29.1202(4)-1
Suburban Residential Floating Zoning
Residential Low Density(FS-RL)Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living Accessory Uses
............................................................................................._....._T................_.._..................-...._......_..........................._.._........._..................._...........w......................................................_............
__...
Accessory Dwelling Unit Y ZP Staff
Table 29.1202(4)-2
Suburban Residential Floating Zoning
Residential Medium Density(FS-RM) Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living Accessory Uses
_ ..-..�_....... _......._..............__. .......... ............................
....-..._..._......._.... ........
...
....................._........._............ _...................._.....__..............._.
Accessory Dwelling Unit Y ZP Staff
CHAPTER 31,HISTORIC PRESERVATION
SECTION 31.10.CERTIFICATE OF APPROPRIATENESS.
(1) Any act of alteration, demolition, new construction, or relocation, as defined herein, shall
require a Certificate of Appropriateness as further described below.
Furttie-mere,eEvery application for a building permit or a demolition permit affecting the
exterior architectural appearance of a designated landmark or of any contributing structure within
a designated historic district shall be accompanied by a complete City of Ames aft-application for
a Certificate of Appropriateness."ppli,.ents shalI be F ,.a to submit plans .a»....,ing elevations,
.The Building Official
shall not issue the building or demolition permit until a Certificate of Appropriateness has been
approved.
(2) Alteration, . An alteration is any act or process
that changes one or more of the exterior features of a structure, such as windows,porches,sidiny.
and other features identified under the Design Guidelines that do not increase
the amount of gross floor area.
A Certificate of Appropriateness for
an alteration ak-shall be permitted in the following instances.
(a) An architectural feature has deteriorated to the point that it must be replaced.
(b) Architectural features were added which modified the original qualities of the
architectural style and the current property owner wishes to restore the structure to the
original architectural style.
(c)An architectural feature may ean-be added if as le+igas-the feature is appropriate to the
architectural style of the structure.
(3)New Construction.A Certificate of Appropriateness shall be required for construction of:
(a) A a-new principal structure,or
(b)An an-addition to an existing contributing structure or to a designated landmark, or
(c) A a-new accessory building or addition to an accessory building on any property with
a contributing principal structure or designated landmark.
(4) Consideration of an application for a Certificate of Appropriateness shall apply the Design
Guidelines,which shall pertain to all historic preservation districts and historic landmarks;and the
Design Criteria, which shall apply only to the particular historic district or historic landmark for
which they are enacted.
_A new principal structure shall be representative of one of the architectural styles approved
in the district.The desi2n for the new principal structure must meet all the design criteria listeA for
the architectural style selected. Architectural features not specifically listed in the design criteria
mawproposed b theapplicant. Those features should be incorporated in a manner appropriate
with the architectural st,
In each instance, the Commission may grant exemptions to the requirements for an
alteration if it determines that the cost of replication is prohibitive.
SECTION 31.11.APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS,
(1)Administrative Approval Process.
(a)A Certificate of Appropriateness for alterations to the principal structure,garages.and
other accessory buildings,and the new construction of fences and retaining walls may ear
be approved by the Planning and Housing Director, provided the alterations or new
construction meet the adopted Design Guidelines and Design Criteria, and substitute
materials are not proposed, other than those specifically listed in the Design Guidelines.
However, c$ging or converting a contributing_garage to an Accessory Dwelling Unit
ADU requires approval b the Historic Preservation Commission. The Planning and
Housing Director may refer an application for an alteration to the Historic Preservation
Commission for approval.
Sec.31.13. DESIGN GUIDELINES FOR ALTERATIONS.
(8)Garages and Accessory Buildings
(k)Changing or converting an existing contributing ai to,an ADU is allowed as long
as the character defining features of the garage are not significantly altered,as determined
by Historic Preservation Commission.
SECTION 31.15.DESIGN GUIDELINES FOR NEW CONSTRUCTION.
(10)Garages and Accessory Buildings(including AccessoU DwellingU [ADUsD.
(k)Garages and accessory buildings do not typically require a porch;however,a standalone
ADU adjacent to street frontage,inay require a porch as detennined by the EIPC,
1 Garages and accessoa buildings are exempt from the two-stoa requirement.
(m)Garages and accessory buildings are not required to have a raised foundation and max
be constructed slab-on-grade.
(n) Garages and accessory buildings are not typically required to conform to footprint
design criteria, however,a standalone ADU adjacent to street frontage. may be subject to
the footprint design criteria as determined by the HPC."
Section Two.Violation of any provision of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Section Three, All ordinances,or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this P day of
Renee Hall,City Clerk John A. I laila, Mayor