unrelated persons within exclusively zoned single-family districts (i.e. the R-1
district).
Mr. Teddy then discussed his findings within the research he performed for other
“peer” cities. He noted many communities still were attempting to define family
by relationships, but several took a broader more “straight-forward” approached,
but there was a great deal of variation. He further noted that the research used the
term “family” and that this search parameter may have resulted in some skewing of
the research results.
Mr. Teddy stated that the idea of a multiple unrelated person within a home could
potentially be better captured in a definition that focused attention on the idea of
the unrelated person’s functioning as a “single house-keeping unit”. Mr. Zenner
added that the simplest approach to address the immediate challenge within the
current definition, if Mr. Teddy proposed solution were to be implemented, would
be to just change the allowance in the R-1 district to a maximum of 4 unrelated
residents. Such a change would result in a single maximum permissible occupancy
in all residential zoning districts.
He noted that staff would need to perform some GIS analysis to assess how
significant the impact of this change would be specifically the “central city”
neighborhoods. Mr. Zenner noted that intuitively he believed the impact could be
very minimal given the majority of existing zoning in these areas was generally
already R-2 and R-MF. A bigger concern he saw in making such a change would be
potential parking implications.
There was general Commission discussion on these ideas. Concerns were
expressed as to how would there be protections against possible abuse, what
would be the substitutions for “person” limits, and possibly establishing a limit that
would result in “displacement”. However, in general, Commissioners supported
the concept of using a “broader” definition that did not have all the permeations of
who may be considered family as the current definition does.
With respect to the issues of abuse and substitutions of the “person” limits, it was
discussed that if a change were implemented, abuse would be a “reactive”
enforcement issue similar to the way this matter is addressed presently. Mr. Teddy
noted that “over-occupancy” cases were fairly rare in the enforcement records
maintained by Neighborhood Services on an annual basis. Mr. Zenner noted that
there could be provisions added that dwelling “capacity” could be address in a
manner similar to STR occupancy, based on the IPMC, with a maximum of 8 persons
regardless of family relationship. Doing so would further align the short- and
long-term rental processes. He further noted that adjusting the parking
requirements for single- and two-family dwellings could be examined such that
required parking would align more closely with what is presented required for
multi-family dwellings which is based on “bedrooms” per dwelling.
There was further discussion on these possible approaches and how they may not
recognize family size and cultural differences on what is or is not acceptable.
Commissioners discussed the issue of dwelling unit capacity and the desire as
inclusive as possible such that multi-generational and “non-traditional” family units
could occupy a dwelling together. The Commission also recognized that there may
be issues created, within certain locations, with parking if the definition were
changed and that this should be thoroughly evaluated.
Mr. Teddy stated that the information provided was extremely helpful. He noted
that some additional research would be performed expanding a literature review
that sought out definitions not solely focused on the term “family” and GIS analysis
would be performed. Mr. Zenner noted that given other work session topics that
need to be discussed this topic would re-appear on the Commission’s work session