ATTACHMENT 16

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Restrictions on Unrelated Individuals in the Development Ordinance

 

DATE:             June 10, 2002

 

This memorandum reports to you a discrepancy in the interpretation and enforcement of sections of the Development Ordinance which has just come to my attention, although staff members apparently have been discussing the issues since mid February.

 

In 1990, the Town Council amended the Development Ordinance.  Although the topic of discussion was restriction of  the number of unrelated people living in a dwelling unit, the amendment was written in terms of definitions of Dwelling, Single Family; Dwelling, Two-Family; Dwelling, Two Family – Duplex; and  Rooming House.   A copy of the memorandum to the Council and the ordinance amendment are Attachments 2 and 3.

 

The Inspections Department understood the ordinance to limit unrelated individuals to no more than four per dwelling unit, and that is what the department enforced. Other staff people, including myself, have described the limit to the Council as being four unrelated people per dwelling unit.

 

However, questions were raised this year about the cumulative impact of the set of definitions amended in 1990.  In consultation with the Town Attorney, a matrix was prepared and is included as Attachment 1.  As you can see, the cumulative impact of the changes to the four definitions created a complex situation.  In general, the restriction is two unrelated people per unit of a duplex or four per building or group of buildings, with exceptions.

 

We believe that the matrix provides the meaning of the Development Ordinance as amended in 1990.

 

We note that the issue of how to limit the neighborhood impact of many residents in a dwelling unit is one of the primary issues under discussion in the current rewriting of the Development Ordinance.  We expect recommendations on this topic from our consultant in the fall.  No matter what the substance that the Council will consider in October, we expect that it will be more clearly and simply presented than at present.

 

Given our corrected interpretation of this portion of the ordinance, we will begin enforcement.  The first issue is to explain to applicants for Building Permits and Certificates of Occupancy for single family houses and duplexes what the limitations are.  Then we will begin our research to identify the various single family and two family buildings which may be in violation and so notify the owners.