Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: MONDAY, APRIL 28, 2025 TIME: 5:30PM LOCATION: Council Chambers-2nd Floor, City Hall LIVESTREAM: YouTube— https://www.youtube.com/@albanycommoncouncil Facebook— https://www.facebook.com/albany.commoncouncil TOPIC OF DISCUSSION:  Ordinance 68.121.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS PUBLIC COMMENT PERIOD: YES  Council Members Anane, Adams, Johnson, Keegan, Love, and Robinson introduced the following: ORDINANCE 68.121.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Chapter 375 of the Code of the City of Albany is amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Use-Specific Special Residential Mixed-Use Standard in Article Purpose III Zoning District R-1L R-1M MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM R-2 R-V I-2 R-T I-1 LC R-M LAND USE CATEGORY ACCESSORY USES Accessory A A A A A A A A A A A A A A A A § 375-303(6)(a) dwelling unit Section 2. Paragraph (a) (Accessory Dwelling Unit) of Subsection (6) (Accessory Uses) of Section 375-303 (Use-specific standards) of Chapter 375 of the Code of the City of Albany is amended as follows: (a) Accessory dwelling unit. No accessory dwelling unit shall be allowed until stated otherwise. (i) This use shall be accessory to a single-unit detached dwelling or shall be a caretaker unit for a nonresidential use. (ii) The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence. (iii) On lots containing an accessory dwelling unit, neither the primary nor accessory dwelling unit may be made available for rent by guests for less than thirty consecutive days where the unit is offered for tourist or transient use. Matters in strikethrough to be deleted. Matter underlined is new material  (iv) No more than two dwelling structures, including structures containing an accessory dwelling unit, may be permitted on a single lot. (v) For the purpose of providing adequate fire protection access, the distance from the nearest street frontage to the center of the rear wall of the accessory dwelling unit shall not exceed 150 feet of travel distance. (vi) An accessory dwelling unit shall not exceed 800 square feet of gross floor area. (vii) A detached accessory dwelling unit shall not occupy more than 30 percent of the rear yard. (viii) A detached accessory dwelling unit shall not exceed the height of the principal dwelling structure or 24 feet, whichever is less. (ix) An attached accessory dwelling unit shall be subject to the same setback, height and impervious lot coverage regulations as the primary structure. (x) A detached accessory dwelling unit shall be subject to the same setback regulations as accessory structures. (xi) An accessory dwelling unit, whether detached or attached to a primary dwelling structure, may be directly accessed from an alley, but shall not be accessed via a driveway separate from that serving the primary dwelling structure. (xii) When an accessory dwelling unit is attached to a principal dwelling structure, only one entrance structure may face the front lot line. (xiii) An existing accessory structure whose height, setbacks, or impervious lot coverage do not meet the requirements of a dwelling in its zoning district, may be converted into an accessory dwelling unit, but the structure may not be altered in any way that increases the noncompliance. (xiv) Mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF AUGUST, 2024 ________________________________ Corporation Counsel Matters in strikethrough to be deleted. Matter underlined is new material To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: November 21, 2024 Sponsor: Council Member Anane ORDINANCE 68.121.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS GENERAL PURPOSE OF LEGISLATION This ordinance seeks to increase permit Accessory Dwelling Units in Zoning Districts NECESSITY FOR LEGISLATION AND CHANGE TO EXISITING LAW In order to effect a change to the USDO, an ordinance would be required alongside all requisite reviews and public hearings. FISCAL IMPACT None. Material in strikethrough to be deleted. New material is underlined.