Amendment to the Unified Development Code Section 16-8-5.10.1 "Accessory Dwelling Unit"_HearingCity of Dubuque
City Council Meeting
Public Hearings # 02.
Copyrighted
May 16, 2022
ITEM TITLE: Amendment to the Unified Development Code Section 16-8-5.10.1
"Accessory Dwelling Unit"
SUMMARY: Proof of publication on notice of public hearing to consider amending the
Unified Development Code Section 16-8-5.10.1 "Accessory Dwelling
Unit" to allow accessory dwelling units in the R-1, R-2, R-2A, R-3, R-4,
OR, OC and C-1 districts and to modify conditions of eligibility, and
Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City Of Dubuque Code of
Ordinances, Unified Development Code, by amending Chapter 16-8-5-
10.1, Accessory Dwelling Units, and by amending Articles 16-5-3 (R-2),
16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-9 (OC),
And 16-5-10 (C-1) by adding Accessory Dwelling Unit to the list of
Conditional Uses
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description
Type
ZAC Letter to Council
Supporting Documentation
Application
Supporting Documentation
Ordinance
Ordinance
Staff Memo
Staff Memo
Planning Services Department
Dubuque
City Hall
THE COF
50 West 13th Street
Dubuque, IA 52001-4864
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�(563) I"
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589-4210 phone
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(563) 589-4221 fax
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563 690-6678 TDD
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Masterpiece on the Mississippi
2017.2019
plarming@cftyofdubuque.org
May 5, 2022
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: Amend the Unified Development Code Section 16-8-5.10.1 "Accessory
Dwelling Unit" to allow accessory dwelling units in the R-1, R-2, R-2A, R-3,
R-4, OR, OC and C-1 districts and to modify conditions of eligibility.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Planning Staff reviewed the proposed amendment to the Unified Development Code to
change the conditions of eligibility for an accessory dwelling unit by allowing the
property owner to live in either the principal dwelling or the accessory dwelling. This
would allow property owners greater flexibility in using their property while maintaining
their presence on site.
Additionally, this proposal would open all residential districts to accessory dwelling units,
provided the principal dwelling is a single-family detached dwelling, as in R-1 districts.
Staff emphasized that any accessory dwelling unit would still require an approved
conditional use permit and meet the requirements for area, parking, lot coverage,
setbacks, codes, and other regulations.
There were no public comments.
The Zoning Advisory Commission discussed the request, and found it to be appropriate.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the text amendment request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
"41z
Matt Mulligan, Chairpe so
Zoning Advisory Com ' ' sion
Attachments
Service People Integrity Responsibility Innovation Teamwork
Dubuque
THE CITY O
DT T V B�BE
AII•AmerieeCft
n Ku'z
'I'
II
Masterpiece on the Mississippi
2007-2012*2013
2017*2019
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
❑Conditional Use Permit
❑Major Final Plat
❑Appeal
❑Minor Final Plat
❑Special Exception
❑Simple Site Plan
❑Limited Setback Waiver
❑Minor Site Plan
❑Rezoning/PUD/ID
❑Major Site Plan
Please type or print legibly in ink
Property owner(s): N/A
Address:
❑Simple Subdivision
XText Amendment
❑Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
❑Historic Housing Grant
City:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone:563-589-4210
Fax: 563-589-4221
planning cityofdubuque.org
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
❑Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
State: Zip:
Fax #: Cell #: E-mail:
Applicant/Agent: Michael Van Milligen Phone: 563-589-4110
Address: City Hall - 50 W 13th St City: Dubuque State: IA Zip:52001
Fax #: Cell #:
Site location/address: N/A
ail:
hborhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District: All R-1 districts Landmark: ❑ Yes ❑■ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Unified Development Code
Section 16-8-5.10.1 "Accessory Dwelling Unit" to allow Accessory Dwelling Units in R-1, R-2, R-2A, R-3, R-4, OR, OC,
and C-1 districts and modify conditions of eligibility.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): N/A
Applicant/Agent:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Date:
Date:
Fee: Received by: Date: Docket:
Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 1311 St Telephone: 563-589-4121
ORDINANCE NO. 20-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-8-5-
10.1, ACCESSORY DWELLING UNITS, AND BY AMENDING ARTICLES 16-5-3 (R-2),
16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-9 (OC), AND 16-5-10 (C-1)
BY ADDING ACCESSORY DWELLING UNIT TO THE LIST OF CONDITIONAL USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, Chapter 16-8-5-10.1, Accessory Dwelling Units, is hereby amended
by adding zones and modifying conditions as follows:
Accessory dwelling unit. One accessory dwelling unit may be allowed on a lot in the R-
1, R-2, R-2A, R-3, R-4, OR, OC, and C-1 districts in accordance with the following
conditions:
A. Shall be located on the same zoning lot as the principal dwelling,, which e
owner ied;
B. Either the principal dwelling or the accessory dwelling shall be owner -
occupied;
C. Shall be incidental and subordinate to the principal dwelling as an accessoryuse;
D. The principal dwelling shall be a single-family detached dwelling;
E. Shall not exceed fifty percent (50%) of the building footprint of the principal
dwelling or six hundred (600) total gross square feet, whichever is less;
F. Shall be in compliance with all applicable city housing, fire and building codes for
use as a complete, independent living facility with provisions for a separate
entrance, cooking, eating, sanitation, and sleeping;
G. Shall comply with the applicable bulk regulations for the district in which it is
located; and
H. Shall provide one off street parking space.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapters 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4),
16-5-7 (OR), 16-5-9 (OC), AND 16-5-10 (C-1) are hereby amended as follows:
16-5-3.2 Conditional Uses
Accessory dwelling unit
16-5-4.2 Conditional Uses
Accessory dwelling unit
16-5-5.2 Conditional Uses
Accessory dwelling unit
16-5-6.2 Conditional Uses
Accessory dwelling unit
16-5-7.2 Conditional Uses
Accessory dwelling unit
16-5-9.2 Conditional Uses
Accessory dwelling unit
16-5-10.2 Conditional Uses
Accessory dwelling unit
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 16'h day of May 2022.
Attest:
7ys
Trish L. Gleason, Assistant City Clerk
v
- k"
David T. Resnick, Mayor Pro Tem
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Jason Duba, Assistant Planner
DATE: April 25, 2022
Dubuque
AII-Ameriea Cit
-1-AL-R. i i-& {F
II 1r
2007-2012.2013
2017*2019
SUBJECT: Amend the Unified Development Code Section 16-8-5.10.1 "Accessory
Dwelling Unit" to allow accessory dwelling units in the R-1, R-2, R-2A, R-3,
R-4, OR, OC, and C-1 districts and to modify conditions of eligibility.
INTRODUCTION
This memo transmits an application and an ordinance for a proposed Text Amendment
to the Section 16-8-5.10.1 of the Unified Development Code (UDC) zoning regulations to
allow accessory dwelling units as conditional uses in the R-1, R-2, R-2A, R-3, R-4, OR,
OC, and C-1 districts and to modify conditions of eligibility.
This text amendment would allow accessory dwelling units as conditional uses in
additional zonina districts: thev are currently only allowed in R-1 districts.
This text amendment would change the requirement that the principal dwelling be owner -
occupied. Instead, it would allow either the principal dwelling or the accessory dwelling to
be owner -occupied.
This text amendment would add a new requirement that the accessory dwelling unit can
only be accessory to a single-family detached dwelling.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
This matter came to the attention of the Planning Services Department recently when a
property owner inquired about constructing an accessory dwelling unit on his property in
an R-1 district. He asked whether it would be allowed for him to live in the proposed
accessory dwelling unit while renting out the principal dwelling unit, which is on the same
parcel.
Staff informed him that under current regulations, such an arrangement would not be
allowed. As staff discussed the matter subsequently, however, it was felt that an owner
living in the accessory dwelling would provide the same level of presence and oversight
Memo — Text Amendment for Accessory Dwelling Units Page 2
while renting the principal dwelling as an owner living in the principal dwelling and renting
the accessory dwelling.
DISCUSSION
Staff discussed this change further and considered whether it would be appropriate to
allow accessory dwelling units in other zoning districts. Staff felt that allowing accessory
dwelling units in additional districts would be appropriate and beneficial, so long as they
are accessory to single-family detached dwellings.
These changes would provide single-family detached dwelling owners with an additional
option for how they are able to utilize their property. It is possible that some additional
infill housing units could be developed, helping to satisfy a need for affordable housing
that has been expressed in the community.
While these changes would open additional areas of the city to accessory dwelling units
and modify the conditions of eligibility, accessory dwelling units would remain a
conditional use. This means they would be reviewed by city staff, and they would have to
receive an approved Conditional Use Permit from the Zoning Board of Adjustment. This
process would require compliance with requirements such as parking, lot coverage,
setbacks, and impacts on the surrounding properties.
RECOMMENDATION
In conclusion, in an effort to allow additional property owners more flexibility in the
development of appropriate accessory dwelling units, Planning staff recommends that
section 16-8-5.10.1 "Accessory Dwelling Unit" be amended to allow accessory dwelling
units in the R-1, R-2, R-2A, R-3, R-4, OR, OC, and C-1 districts. Staff further recommends
that property owners seeking to construct an accessory dwelling unit be allowed to live in
either the principal dwelling or the accessory dwelling, and the principal dwelling must be
a single-family detached dwelling.
Enclosures
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/06/2022
and for which the charge is 35.06
Subscribed to before me, a Notary Public ' and for
Dubuque County, Iowa,
this 6th day of May, 2022
Notary lic in and for Dubuque tounty, Iowa.
JANET K. PAP
_� ��° Comol"Jan Number 199669
yy Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 16th day of May, 2022, at
6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
REZONING
1. "Request from Rob Decker, Axiom Consultants to rezone
property located between 32nd St. and Northwest Arterial from
AG Agricultural to R-1 Single -Family Residential and R-4
Multi -Family Residential to allow for single-family and
multi -family residential developments, respectively.
TEXT AMENDMENT
2. "Request from City of Dubuque to amend the Unified
Development Code Section 16-8-5.10.1 Accessory Dwelling Unit
to allow accessory dwelling units in the R-1, R-2, R-2A, R-3,
R-4, OR, OC and C-1 districts and to modify conditions of
eligibility.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Adrienne N. Breitfelder
City Clerk
It 5/6
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/20/2022
and for which the charge is 38.69
Subscribed to before me, a Notary Pu lie in and for
Dubuque County, Iowa,
this 20th day of May, 2022
4�P
Notary Iffc
in and for Dubuque tounty, Iowa.
JAN ET =PAPECommission Lly Comm. ES
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 20-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER
16-8-5- 10.1, ACCESSORY DWELLING UNITS, AND BY AMENDING
ARTICLES 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6
(R-4), 16-5-7 (OR), 16-5-9 (OC), AND 16-5-10 (C-1) BY ADDING
ACCESSORY DWELLING UNIT TO THE LIST OF CONDITIONAL USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, Chapter 16-8-5-10.1,
Accessory Dwelling Units, is hereby amended by adding zones
and modifying conditions as follows:
Accessory dwelling unit. One accessory dwelling unit may be
allowed on a lot in the R- 1, R-2, R-2A, R-3, R-4, OR, OC, and
C-1 districts in accordance with the following conditions:
A. "Shall be located on the same zoning lot as the principal
dwelling, which shall be owner occupied;
B. "Either the principal dwelling or the accessory dwelling
shall be owner- occupied;
C. "Shall be incidental and subordinate to the principal
dwelling as an accessory use;
D. "The principal dwelling shall be a single-family
detached dwelling;
E. "Shall not exceed fifty percent (50%) of the building
footprint of the principal dwelling or six hundred (600) total
gross square feet, whichever is less;
F. "Shall be in compliance with all applicable city housing,
fire and building codes for use as a complete, independent
living facility with provisions for a separate entrance,
cooking, eating, sanitation, and sleeping;
G. "Shall comply with the applicable bulk regulations for the
district in which it is located; and
H."Shall provide one off street parking space.
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapters 16-5-3 (R-2),
16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4),
16-5-7 (OR), 16-5-9 (OC), AND 16-5-10 (C-1) are hereby
amended as follows: 16-5-3.2 Conditional Uses
Accessory dwelling unit
16-5-4.2 Conditional Uses
Accessory dwelling unit
16-5-5.2 Conditional Uses
Accessory dwelling unit
16-5-6.2 Conditional Uses
Accessory dwelling unit
16-5-7.2 Conditional Uses
Accessory dwelling unit
16-5-9.2 Conditional Uses
Accessory dwelling unit
16-5-10.2 Conditional Uses
Accessory dwelling unit
Section 3. The foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon
publication, as provided by law.
Passed, approved and adopted this 16th day of -May 2022.
Is/ David T. Resnick, Mayor Pro Tern
Attest: /s/ Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of May, 2022.
/s/ Trish L. Gleason, Assistant City Clerk
It 5/20