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TO AMEND TITLE 20 (UNIFIED DEVELOPMENT ORDINANCE) OF THE BLOOMINGTON MUNICIPAL CODE - Re: Adding Section 20.05.0333 (CU-14 [Conditional Use- Accessory Dwelling Units]), Amending Section 20.02.030 (Residential Estate [RE]; Conditional Uses), Section 20.020.070 (Residential Core [RC]; Conditional Uses), Section 20.02.110 (Residential Single-family [RS]; Conditional Uses) and Amending Section 20.11.020 ("Defined Words")

This ordinance amends Title 20 (the Unified Development Ordinance) of the Bloomington Municipal Code in two key ways. First, it adds a new section, Section 20.05.110, to provide Accessory Dwelling Unit ("ADU") Standards. This addition will permit a limited number of for ADUs within single-family zoning districts. The goal of limiting the number of ADUs is to allow the City to have a better understanding of the impact of ADUs on a neighborhood and to determine any unintended consequences. Second, the ordinance amends Section 20.11.020 to modify terms related to the new section on ADUs. Note: The Common Council amended this ordinance by way of Amendment 02. Amendment 02 made a number of changes to Ord 17-29 in the interest of providing further protections for singleĀ­-family zoning districts in which Accessory Dwelling Units (ADUs) may be located. First, the amendment shifted the allowance for ADUs from a "by-right" allowance capped at 30 ADUs, to a conditional use without a cap. The amendment shifted the allowable number of bedrooms in an ADU from two to one and the number of unrelated people constituting a family as the sum of persons living in the primary dwelling and the ADU. Additionally, the amendment made changes to rear setback requirements. The amendment retained the general requirement that ADUs should be located on a lot that is at least 300 feet from another ADU, but provided that ADUs may be located closer where the BZA or Hearing Officer finds that such proximity does not result in an undue concentration of ADUs leading to adverse impacts on a block or neighborhood. Furthermore, the amendment required the owner of property upon which an ADU is located to file an annual affidavit with the Planning and Transportation Department pledging agreement with the ADU requirements. Lastly, the amendment deleted a no-longer relevant "Whereas" clause referring to an ADU cap and adds two new clauses: one requesting that the HAND department reach out to neighborhoods with covenants limiting or restricting ADUs to encourage removal of such restrictions and a clause requesting that the Planning and Transportation Department report back to the Council annually on the number and location of ADUs approved and an assessment of the impact of ADUs on neighborhoods. Note further: In accordance with IC Ā§ 36-7-4-607(e), this ordinance as amended by the Council was returned to the Plan Commission with a Statement of Reasons for the amendments.

Amends CodeYes
Committee 2017-06-21 1 (Sturbaum) -2 (Ruff, Mayer) -5
Final 2017-09-06 pass 8-0 (Chopra left early)
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