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Supervisors approve first reading of accessory-dwelling ordinance to implement new state law
Summary
The Board approved on first reading an amendment to the Muscatine County zoning ordinance to allow accessory dwelling units (ADUs) consistent with state law (Senate File 592), with local limits including one ADU per primary dwelling and septic/water requirements.
The Muscatine County Board of Supervisors on Aug. 11 approved on the first of three readings an amendment to the county zoning ordinance to implement new state law on accessory dwelling units.
County zoning staff said Senate File 592, which went into effect July 1, requires cities and counties to allow accessory dwelling units anywhere there is an existing primary single-family dwelling. "Senate File 592 ... in effect, July 1, basically requires cities and counties to allow accessory dwelling units anywhere there is an existing primary single family dwelling," Eric, a county zoning staff member, said.
Under the county's proposed amendment, ADUs must meet building codes and on-site wastewater rules; counties may regulate certain aspects but must allow at least one ADU per qualifying lot. The zoning commission recommended a local limit of one ADU per platted lot or per primary dwelling to avoid multiple rental units being added on a single lot. The ordinance language as presented caps ADUs at 1 per primary dwelling and requires ADUs to be served by an approved on-site private septic system. "It has to be served by an approved on-site private septic system," Eric said, adding that homeowners could design a septic to serve both a primary dwelling and an ADU or install a separate system where needed.
The draft ordinance also incorporates size limits from state code language: an ADU may be up to 1,000 square feet or up to 50% of the existing primary dwelling's gross living area, whichever is larger under state constraints. The county will not impose a separate size limit on living space placed within an existing or new attached garage, per the zoning commission recommendation. Eric said homeowners associations retain the authority granted in state code to further restrict ADUs.
The zoning amendment also clarifies water-service thresholds; staff noted ADUs should not trigger DNR regulation of a public water supply unless a system reaches 15 service connections or serves at least 25 people over six months. The zoning commission recommended the county rely on existing on-site wastewater code to evaluate each proposal and determine whether systems can be shared or need separate design and approval.
Public comment on the ordinance was not offered at the hearing, and the board voted to approve the amendment on its first reading by roll call (4-0). The ordinance requires two additional readings before final adoption.
