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HomeMy WebLinkAboutA001 - Legal Opinion dated March 27, 2003 i John R Klaus To: Brian P O'Connell/COA@COA 03/27/03 05:33 PM cc: Steve Schainker/COA@COA, (bcc: Donna L Scherr/COA) Subject: Occupancy Limit, Single Family Dwelling, RM and RH Zoning Districts This is in response to your request for an opinion as to how many unrelated persons may occupy a single family dwelling in the RM and RH zoning districts. Section 20.102(2) of the zoning ordinance provides that when the zoning ordinance standard is the highest, it controls. When there is an other ordinance that imposes a higher standard on some matter, that other ordinance controls. As you know, occupancy limits of dwellings can be affected by both the zoning regulations of land use, and the regulation of the business of renting property found in the rental housing code. The net effect of the interplay of the two regulatory programs will determine the lawful occupancy level of any given dwelling. Section 29.201(51) defines a single family dwelling as: "...any building consisting of no more than one dwelling unit designed for and occupied exclusively by one family." If a building in either the RM or the RH district is occupied by a group of four or more unrelated people, (and the group does not qualify as one of the alternative family definitions in section 29.201(62)) the building does not meet the definition of single family dwelling and will be a zoning violation unless: a.) the house is remodeled into a two family dwelling; or, b.) the occupancy by the unrelated group-is proven to be a lawfully vested nonconforming use. Additionally, under the rental regulations, even if the occupancy by the unrelated group of people is shown to be lawfully vested under previous zoning ordinance, the rental housing code imposes an additional higher standard if the unrelated group of people are renters of the dwelling. Then the rental regulations will limit the occupancy to one more person than the number of bedrooms in the dwelling, up to a maximum of five people, and there will have to be one parking space per bedroom .