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File #:
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240999
Version:
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Type:
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Ordinance
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Status:
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In Council-Passage
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Title:
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A substitute ordinance relating to zoning regulations for accessory dwelling units.
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Attachments:
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1. Substitute 3 File Text, 2. Substitute 2 File Text, 3. Substitute 1 File Text, 4. ZND Presentation, 5. President Perez Comments, 6. City Plan Commission Letter, 7. CPC Staff Report, 8. ZCTC Letter, 9. AARP ADU Model State Act and Local Ordinance-0212021-08.pdf, 10. 5 Points Neighborhood Association Oppose 1, 11. 5 Points Neighborhood Association Oppose 2, 12. Aaron Muehlbauer Oppose 1, 13. Aaron Muehlbauer Oppose 2, 14. Barbara Cooley Oppose, 15. Betty Smith Oppose, 16. Brittney Taylor Oppose, 17. Cade Gerlach Support, 18. Darnisha Jenkins Oppose, 19. Dynasty Ceasar Oppose, 20. Dynasty Ceasar Petition, 21. Elizabeth Ramirez Oppose, 22. Everett Lancaster Support, 23. Fatima Laster Oppose, 24. Jane L Buttars Oppose, 25. Jeff and Sue Grzeca Oppose, 26. Jeffrey Harwell Oppose, 27. Melody McCurtis Oppose, 28. Metcalfe Park Community Bridges Oppose, 29. Midtown Neighborhood Alliance Letter of Concern, 30. Miriam Ramirez Oppose 1, 31. Miriam Ramirez Oppose 2, 32. Patrice Gransberry Oppose, 33. Pernell Evans Oppose, 34. Presious Shields Oppose, 35. Robin Palm Support, 36. S. Winston Oppose, 37. Samuel Sims Oppose, 38. Sy Smith Oppose 1, 39. Sy Smith Oppose 2, 40. LRB_180635-1_Memo_ADU_In_Other_Cities_final.pdf, 41. LRB_180635-2_Memo_AARP_Aging_In_Place_final.pdf, 42. Petition in Opposition
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| 4/15/2025 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| SUBSTITUTED
Minutes note: This item was taken out of order after item 7, CCFN 240997.
Ald. Stamper moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)
Proposed Substitute A became Substitute 2. | Pass | 5:0 |
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Meeting details
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Video
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| 4/15/2025 | 2 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| AMENDED
Minutes note: Appearing:
Sam Leichtling, Dept. of City Development
Pres. Ald. Jose Perez, 12th Ald. Dist.
Ald. JoCasta Zamarripa, 8th Ald. Dist.
Ald. Sharlen Moore, 10th Ald. Dist.
Mike Mazmanian, Dept. of Neighborhood Services
A presentation was given, which is contained in the file.
Public testimony:
Shear Winston, resident (opposed)
Ald. Zamarripa and Burgelis added as cosponsors.
Ald. Jackson moved to amend the file to delete "or 2-family dwelling" and to add language to permit "2-family dwelling" for an external ADU in Ch. 295-503-2-f-2. (Prevailed 5-0)
The file, as amended, became Substitute 3. | Pass | 5:0 |
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Not available
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| 4/15/2025 | 3 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| RECOMMENDED FOR PASSAGE | Pass | 5:0 |
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Not available
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| 4/7/2025 | 1 |
CITY PLAN COMMISSION
| RECOMMENDED FOR PASSAGE AND ASSIGNED
Minutes note: Mr. Leichtling presented details of the file.
This file relates to zoning regulations for accessory dwelling units (ADUs). This ordinance defines an “accessory dwelling unit” as “a room or set of rooms with its own cooking, sleeping and sanitary facilities which is located on the same lot as a single-family or 2-family dwelling and which is smaller in area than the main dwelling to which it is accessory.” The ordinance also classifies an accessory dwelling unit as a limited use in residential and commercial zoning districts, as well as the industrial-mixed zoning district, subject to certain design and limited use standards. The ordinance would permit citywide internal, attached, and detached accessory dwelling units that meet these limited use and design standards.
The proposed “Proposed Substitute A” incorporates adjustments that address the concerns raised by ZCTC. Staff recommends approval of Proposed Substitute A.
Appearing:
Pres. Ald. Jose Perez, 12th Ald. Dist.
Ald. Robert Bauman, 4th Ald. Dist.
Pres. Ald. Perez and Ald. Bauman commented on the rationale for ADUs, ADUs being permitted in other cities, ADUs providing opportunities to add additional or passive income to homeowners, the file aligning with peer cities, and that owner occupancy can only be required at the permit stage under the proposed legislation.
Appearing to provide public testimony with inquiries and concerns:
Melody McCurtis, resident, inquired, had concerns, and advocated for incentives for owners building an ADU; that there to be guarantees for owner occupancy; there to be a feasibility study on property tax assessment; there to be input from the City Assessor on the legislation; there to be a tax cap or tax forgiveness for homeowners; and there to be safeguards for homeowners. She liked the ADU concept but wants further vetting to include protections and incentives.
Appearing to provide public testimony in opposition:
Fatima Laster, resident
Shear Winston, resident
Dr. Nicole Robinson, 5 Points Neighborhood Association
Those in opposition said that the proposed ordinance needs to add protections for homeowners; needs review by the City Assessor; that negative impacts would result in increased property tax for neighboring properties; that equitable bank lending and/or financing for ADUs would be lacking due to prejudices; that few homeowners would build ADUs; and that the ordinance was overreaching, would build white wealth, not benefit the black community, and create racial inequalities.
Pres. Perez and Ald. Bauman said that they will explore finding resources and incentives, that deed restriction cannot be done, proof of residency for the primary residence is required to be given, increased property tax and value for an ADU property was good, a property tax assessment cap is illegal, and they have not sought out input from the City Assessor yet.
The commission discussed adding possible conditions, such as an incentive, but that it would be outside of the purview of the commission.
Commissioner Smith moved approval, seconded by commissioner Gonzalez, of Proposed Substitute A. (Prevailed 5-0-1) Abstention - Washington
| Pass | 5:0 |
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Video
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| 3/21/2025 | 1 |
CITY CLERK
| PUBLISHED | | |
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Not available
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| 1/31/2025 | 1 |
CITY CLERK
| PUBLISHED | | |
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Not available
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| 1/13/2025 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 1/13/2025 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 1/13/2025 | 1 |
CITY CLERK
| DRAFT SUBMITTED | | |
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Not available
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| 10/15/2024 | 0 |
COMMON COUNCIL
| ASSIGNED TO | | |
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Not available
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Number
240999
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. PEREZ, BAUMAN, ZAMARRIPA AND BURGELIS
Title
A substitute ordinance relating to zoning regulations for accessory dwelling units.
Sections
295-201-5 cr
295-203-1-L cr
295-403-2-a (table) am
295-404-1 (table) am
295-503-1 (table) am
295-503-2-f rn
295-503-2-f cr
295-503-2-g rn
295-503-2-h rn
295-503-2-i rn
295-503-2-j rn
295-503-2-k rn
295-503-2-L rn
295-503-2-m rn
295-503-2-n rn
295-503-2-o rn
295-503-2-p rn
295-503-2-q rn
295-503-2-r rn
295-503-2-s rn
295-503-2-t rn
295-503-2-u rn
295-503-2-v rn
295-503-2-w rn
295-503-2-x rn
295-503-2-y rn
295-503-2-z rn
295-503-2-aa rn
295-505-2 (table) am
295-505-2-j-5 rc
295-505-2-L-5 cr
295-505-2.5 cr
295-505-2.5 (table) cr
295-603-1 (table) am
295-603-2-c rn
295-603-2-c cr
295-603-2-d rn
295-603-2-e rn
295-603-2-f rn
295-603-2-g rn
295-603-2-h rn
295-603-2-i rn
295-603-2-j rn
295-603-2-k rn
295-603-2-L rn
295-603-2-m rn
295-603-2-n rn
295-603-2-o rn
295-603-2-p rn
295-603-2-q rn
295-603-2-r rn
295-603-2-s rn
295-603-2-t rn
295-603-2-u rn
295-603-2-v rn
295-603-2-w rn
295-603-2-x rn
295-603-2-y rn
295-603-2-z rn
295-603-2-aa rn
295-603-2-bb rn
295-603-2-cc rn
295-603-2-dd rn
295-603-2-ee rn
295-603-2-ff rn
295-603-2-gg rn
295-605-2.5 cr
295-703-1 (table) am
295-803-1 (table) am
295-803-2-b rn
295-803-2-b cr
295-803-2-c rn
295-803-2-d rn
295-803-2-e rn
295-803-2-f rn
295-803-2-g rn
295-803-2-h rn
295-803-2-i rn
295-803-2-j rn
295-803-2-k rn
295-803-2-L rn
295-803-2-m rn
295-803-2-n rn
295-803-2-o rn
295-803-2-p rn
295-803-2-q rn
295-803-2-r rn
295-903-2-a (table) am
295-905-2-a (table) am
Analysis
This ordinance defines an “accessory dwelling unit” as “a room or set of rooms with its own cooking, sleeping and sanitary facilities which is located on the same lot as a single-family or 2-family dwelling and which is smaller in area than the main dwelling to which it is accessory.” The ordinance also classifies an accessory dwelling unit as a limited use in residential and commercial zoning districts, as well as the industrial-mixed zoning district, with the following limited use standards:
a. Only one accessory dwelling unit shall be located on the parcel.
b. For an internal or attached accessory dwelling unit, the parcel shall contain a single-family dwelling. For a detached accessory dwelling unit, the parcel shall contain a single-family or 2-family dwelling.
c. At the time a building permit application is submitted for an accessory dwelling unit accessory to an existing principal dwelling unit, at least one owner of the existing principal dwelling unit shall occupy the existing principal dwelling unit as the owner’s principal residence.
If any of these limited use standards would not be met, the accessory dwelling unit is classified as a prohibited use.
In addition, an accessory dwelling unit shall meet the design standards set forth in the code. These design standards relate to floor area, building height, setbacks, pedestrian connections to the street, balconies and decks, and vary depending on whether the accessory dwelling unit is internal to the main dwelling unit, attached to it, or detached from it.
...Body
See the attachment within the file labeled "Substitute 3 File Text".
LRB
APPROVED AS TO FORM
_____________________
Legislative Reference Bureau
Date: ______04/15/2025________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB180262-5
Jeff Osterman
04/15/2025
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