A "secondary residence"
is a room or set of rooms in a structure detached from the primary residence, that had been designed or configured to be used as a separate dwelling unit, generally including living, sleeping, kitchen and bathroom facilities.
(1981 Compilation § 8-5:4.060(1); Ord. 680 § 1, 2002)
Secondary residences may be permitted in any residential zone.
(1981 Compilation § 8-5:4.060(2); Ord. 680 § 1, 2002)
One of the dwelling units on a property shall be occupied by one or more owners of the property as the owner's permanent and principal residence. The owner(s) may live in either the main or secondary residence and must have a 50 percent or greater interest in the property. The owner(s) must live in the structure for more than six months in each calendar year. The City Administrator may waive this requirement for temporary absences of one year or less, where the secondary residence has been a permitted use for at least two years and the owner submits proof of absence from the Linn County area and an intent to return.
(1981 Compilation § 8-5:4.060(3); Ord. 680 § 1, 2002)
A. 
The maximum size of any secondary residence shall be no greater than 800 square feet of interior floor space.
B. 
A single-family dwelling may have no more than one secondary residence and only one secondary residence shall be allowed per tax lot. If the secondary residence is a separate structure, the secondary residence shall be separated from the primary residence by a minimum of six feet.
C. 
Any structure serving as a secondary residence must satisfy all setback and other requirements for the zone in which it is located, and must meet all relevant building code and fire safety requirements.
D. 
Two parking places shall be provided for the secondary residence. These spaces may be in tandem.
1. 
Required parking shall not be located in the front yard.
2. 
Required parking shall not be located in a side setback abutting a street or the first 10 feet of a yard abutting a street.
E. 
Notwithstanding any other height limitations elsewhere in this division, for the secondary residence the ridge of pitched roofs with a minimum slope of 6:12 may extend up to 28 feet. The ridge of pitched roofs with a minimum slope of 4:12 may extend up to 23 feet. All parts of the roof above 18 feet shall be pitched.
F. 
The maximum lot coverage for the principal residence and all accessory structures, including the secondary residence, shall not exceed 30 percent.
G. 
The structure serving as a secondary residence shall be constructed in a substantially similar style as the primary residence, and exterior materials such as siding shall be similar to those used on the primary residence.
H. 
Structures serving as secondary residences shall comply with all building code requirements for residential use.
I. 
The secondary residence may utilize the water and sewer connections for the main residence in most cases. However, if the layout and size of the property is such that there is a reasonable possibility of the secondary residence being partitioned onto a separate tax lot in the future, separate connections may be required, and such connections shall be laid out to allow for such partitioning. When a secondary residence is connected through the water and sewer connections of the primary residence the property shall be billed in the same manner as for a duplex with a single water meter.
J. 
Variances from the requirements applicable to the zoning district will not be granted by the Planning Commission for the construction of a secondary residence.
(1981 Compilation § 8-5:4.060(4); Ord. 680 § 1, 2002)
A. 
Prior to using any structure as a secondary residence, the owner shall apply to the City Administrator for a permit authorizing such use. The application shall contain such information as the City may require to determine whether the application satisfies all relevant criteria. The City Council may set a fee for this permit adequate to cover the cost of processing and issuing the permit. For new structures, no building permit may be issued until such permit authorizing a secondary residence has been issued. For existing structures being converted to residential use, the applicant shall obtain a special inspection from the Building Department certifying that the structure satisfies all residential standards before a permit may be issued. In the case that the City Administrator denies an application for a secondary residence permit, the decision may be appealed to the City Council. An appeal shall be filed within 14 days of the City Administrator's final action, and in such form as the City may require. The City Council may set a fee for appeals.
B. 
After a permit authorizing a secondary residence has been issued, the owner shall record as a deed restriction in the Linn County Recorder's Office a certification by the owner under oath in a form proved by the City that one of the dwelling units is occupied by the owner(s) of the property as the owner(s) principal and permanent residence. When ownership of a single-family residence with an approved secondary residence changes, the new owner(s) shall either record a new owner occupancy certification or remove the secondary residence. Failure to record a new certificate or remove the secondary residence within 60 days of transfer of ownership, falsely certifying owner occupancy, or failure to comply with the terms of owner occupancy certification shall be considered violations of the zoning code, and subject to the penalties listed herein.
(1981 Compilation § 8-5:4.060(5); Ord. 680 § 1, 2002)
If an owner wishes to remove a secondary residence, the owner shall:
A. 
Remove the kitchen and all food preparation and storage areas, including all cooking appliances, refrigerators, dishwashers and any special wiring or gas plumbing for them, and the kitchen sink and cabinets; or
B. 
Remove either the toilet or the bathtub/shower from the bathroom, including the plumbing serving them; and
C. 
Arrange for an inspection of the structure by a representative of the City to document that the work has been completed;
D. 
After a secondary residence has been removed, it may not be reoccupied until it has been inspected by the Linn County Building Department to certify that it complies with residential occupancy standards.
(1981 Compilation § 8-5:4.060(6); Ord. 680 § 1, 2002)