Independence is tightening the regulations on where such tiny homes can be constructed, and it is considering its first-ever application for a guest cottage in the backyard.
On Monday, the city decided to enact new rules governing accessory dwelling units, which are tiny dwellings like guest homes that are constructed on residential property alongside the main building.
What you must understand
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Independence resolved to impose additional zoning regulations on accessory dwelling units
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The city has received its first application for an accessory dwelling unit since it reformed its zoning in 2020
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In the end, the council agreed they should be allowed on larger lots but not smaller ones
In order to do this, the council decided to forward a request for a zoning amendment to the Kenton County Planning Commission, which is expected to make a recommendation in the upcoming months. The recommendation will then be brought back to the council for one last vote.
With a few exclusions, accessory dwelling units are currently permitted in the majority of the city’s residential zones on lots that are at least 5,000 square feet in size.
The new resolution would allow the construction of such units in the city s
residential rural estate, or R-RE
, zones. It would disallow them in the city s
residential compact subdivision, or R-CPS
, zones,
residential conventional subdivision, or R-CVS
, zones and
residential mixed, or R-M
, zones. Units would be allowed as conditional uses in the city s
residential large lot subdivision, or R-LLS
, zones.
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Additionally, according to the resolution, ancillary units must adhere to the city’s design guidelines, which are now applicable to primary, single-family housing units.
To see the zoning for Independence and other nearby cities, use the interactive map below.
“We deal with it on a regular basis,” Mayor Chris Reinersman said. Property rights are being weighed against the effects on all parties.
In 2020, Independence changed its zoning laws, as did many other cities in the county. New rules pertaining to auxiliary dwelling units were among them.
Due to the fact that the city had received its first application for the construction of an auxiliary housing unit since the 2020 reform, Reinersman took up the subject with the council Monday.
The property owner currently constructing the unit would not be impacted by any new laws implemented after Monday’s meeting, but the mayor thought the issue merited discussion among the city lawmakers.
Although the majority of the city council members were not in support of a complete prohibition, Reinersman stated that he was personally conflicted about the matter and that there was debate among them regarding worries about the unchecked growth of such units. They are completely prohibited in a number of the county’s smaller cities, such as Ludlow, Ryland Heights, Edgewood, and others.
Regulations in smaller communities, which had less room, made sense, according to Councilmember Tom Brinker, but Independence is a little more special.
However, Brinker stated that you can double the size of a subdivision if everyone chooses to construct one.
Reinersman claimed that the city was quite lax when it came to utility structures like sheds, which are not included in accessory dwelling units. But as Councilwoman Carol Franzen noted, people aren’t living in sheds.
The council ultimately decided that some changes to the legislation were necessary and that, for the most part, the units could be permitted on the city’s bigger parcels but not on its smaller ones. They also concurred that the units needed to follow the principal residence design guidelines.
According to Councilmember Chris Vogelpohl, many locations still have bigger lot sizes that are inside the city.
Since the change would need to pass the county procedure before being completed with the city, the council chose to pass the motion that night instead of deferring it to a later meeting.
You can view the entire zoning ordinance for Independence
at the Kenton County Planning and Development Services website
.
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