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<br />AMES,IOWA, FAMILY ORDINANCE
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<br />Family: A person living alane, or any of the following groups living together os a single
<br />nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating
<br />{ad/ities:
<br />(a) Anynumberofpeople related byblood,mamage, adoption,guardia nShip,orother
<br />duly authorized custodial relationship;
<br />(b) Three unrelated people;
<br />(e) Two unrelated people and any children related to either of them:
<br />(d) Not more than eight people who are:
<br />(1) Residents of "family home" as defined in Section 414.z2 of the Iowa code: or
<br />00 DHandicapped" as defined inthe Fair Housing Ad, 4z U.S,c. Section 3 6oz(h).
<br />This definition does not include those persons currentlyillegallyusin goraddicted
<br />to a "controlled substance" as defined in the Controlled Substances A ct, 21 U.s.c.
<br />Section B02 (6).
<br />(e) No more than five people who are granted a special use permit as a single nonprofit
<br />housekeeping unit (a "functional family"') pursuant to Section 29.1503C4)(d) ofthe
<br />municipal code of the City of Ames, Iowa.
<br />(1) Exception-The definition ofa "familyn does not include:
<br />a. Anysociety,club,tratemity,sorority,association, lodge, combine, fedelption,
<br />cotene, or like organization;
<br />b. Any group of individuals whose association is temporary or seasonal in nature;
<br />eo'
<br />c. Any group of individuals who are In a group living arrangement as a result of
<br />criminal offenses.
<br />
<br />A "functional (amily" Is defined:
<br />(d) Special use pennitsforfunctional families
<br />(1) Purpose. This section is to provide for the regulation of functional families that
<br />may reCjuestto reside in a single-family dwelling, two-family dwelling, or single-
<br />family attached dwelling. The regulatiollsare also intended to prohibit larger
<br />groups of unrelated persons from residing in single-family dwellings, two-family
<br />dwellings, or single-family attached dwellings. Larger groups ofunrelat edpersons
<br />have frequently shown to have a detrimentalaffectonsingle-familYf\eighbor-
<br />hoods since larger groups of unrelated persons do not live as a family unit and do
<br />not have significant economic or emotional ties to a neighborhood.
<br />Oi) Standards of Functi'onal Families. The planning and zoningcommiss ion and zon-
<br />ing board of adjustment shall review each application fora special use permit for
<br />a functional family ?s provided forin this section after having dete nninedthatthe
<br />application meets the following standards:
<br />a. The functional family shares a strong bond or commitmentto a single purpose
<br />(e.g., religious orders);
<br />b. Members of the functional family are not legally dependent on others no tpart
<br />of the functional family;
<br />c. Can establish legal domicile as defined by Iowa law;
<br />d. Share a single household budget;
<br />e. Prepare food and eat together regularly;
<br />f. Share in the work to maintain the premises; and
<br />g. legally share in the ownership or possession of the premises.
<br />(e) Conditions.Theboardmayimposesllchadditionaiconditionsasit deems necessary
<br />for the general welfare, for the protection ofindividllal property ri ghts, and for ensur-
<br />ingthatthe intent and objectives of this ordinance will be observed.
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<br />law, and accommodate alternative family
<br />types, as shown in the adjacent sidebar.
<br />Your author drafted that ordinance more
<br />than a decade ago with the dty'sthen plan-
<br />ningdirector, Brian O'Conne\l,A1CP.The defini-
<br />tion remains intact today, having stood the
<br />test of time.
<br />Importantly, the functional family
<br />approach respects the core holding in Belle
<br />Terre because three or more unrelated individ-
<br />uals may occupy a house in a single-family
<br />zoningdistrietbydemonstratingeitherarela-
<br />tionshipcharacteristic ofa family or the ability
<br />to live as a group in a single-family residence
<br />in a way that will not disrupt "zones where
<br />family values, youth values, and the blessings
<br />of quiet seclusion and clean air make the area
<br />asan~uaryforpeople" as the Court said in
<br />Bel/eTerre.
<br />Thefllnctionalfamilydefinitionpredi-
<br />cated on special use pennit criteria has
<br />been tested in at least one case: Stegeman
<br />v. City of Ann Arbor (213 Mich. App 487: 540
<br />NW2d724 (199s)), in which the Court of
<br />Appeals of Michigan upheld the validity of
<br />this regulation:
<br />A dwelling may not be occupied by more
<br />persons than one of the following family Iiv-
<br />ingarrangements:
<br />1. One or.more persons related by blood,
<br />marriage, adoption, or guardianship living
<br />asa single housekeeping unit, in alldis-
<br />tncts.
<br />:<. Four persons plus their ofispring living in
<br />asingie houseJceepingunitin all districts.
<br />3. Six persons living in a single housekeep-
<br />ingunitinR4districts.
<br />4. Afunctional family living in a single
<br />housekeeping unit which has recelved a
<br />specialaceptionusepermitpursuantto
<br />Section 5:104.
<br />In this section, functional family means a
<br />group of no more than sl.>: people plus their
<br />offspnng having a relationship that is func.
<br />tionallyequivalenttoafamily. Therela-
<br />tionship must be ofa permanent and dis-
<br />tinct character with a demonstrable and
<br />recognizablebondcharacteristicofacohe-
<br />sive unit. Functional family does not
<br />includeanysociety,club,fratemity,sotor-
<br />ity,association,lodge,organization,or
<br />group of students or other individuals with
<br />a common living arrangement or whose
<br />basis for the establishment of the house-
<br />keepingunitistemporary.
<br />
<br />The definition of family found in zoning
<br />ordinances is primarily a use. issue, and not
<br />one of occupancy. The latter is addressed in
<br />
<br />ZONING PRACTICE 2.ot
<br />AMERJCANPlANNIN~ASSOclA"T10N I page 6
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