AN ORDINANCE

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is an ordinance to update the Oakwood Zoning Code. The Planning Commission already reviewed it, held a public hearing on May 2, 2018, and unanimously recommended that Council approve it.

The proposed ordinance is now before Council, and Council will conduct a public hearing tonight. This is a first reading of that ordinance, so Vice Mayor Byington shared that a motion will not be made this evening.

Vice Mayor Byington asked Mayor Duncan to open the public hearing. Mayor Duncan did so, and asked Law Director Rob Jacques to make a staff report.

Mr. Jacques explained that the proposed Zoning Code text amendments clarify definitions and guidelines that are potentially vague or open to subjective interpretation. The proposed amendment also builds in a new section providing an objective process providing different ways to analyze situations relating to single family rentals.

Mr. Jacques explained that the idea is to continue to limit the use of single family homes to preserve Oakwood as a family-oriented community. In other cities, there has been litigation questioning the rules of what constitutes a family. Outside counsel reviewed the Oakwood Zoning Code and provided an opinion based on past experience with this topic. The attorney came back with a few suggested changes. The recommended changes help eliminate the possibility of the City falling into a discriminatory trap.

Mr. Jacques shared that the determination of whether a group constitutes a “Family” is very fact-specific, and the proposed ordinance builds in criteria to help define this. Under the proposed definition, groups of people residing together would either be classified as a traditional blood or marriage based family, or as a household that is the functional equivalent of a family.

Mr. Jacques said that under the current code, it is difficult to prove who lives in a home, or who is just visiting. The proposed code builds in a new Section providing an objective process to analyze situations. He then reviewed the list of factors that can help determine family status. The City Building Commissioner is authorized to make a written determination based on the numerous objective criteria being taken into consideration.

Mr. Jacques explained that the goal is to make the ordinance as defensible as possible while providing clear objective criteria that will still work well for the Oakwood community.

Mayor Duncan clarified and added that the purpose of the ordinance is to clean up the definitions and add objective criteria to determine family status.

Martha Haley, 400 Irving Avenue, shared that she does not see how this will make enforcement any easier.

Mr. Jacques explained that as the Code exists now, it is hard to prove who is violating the family status. City staff is taking observations and information, but is having a hard time turning this information into proof. With the new ordinance, there will be specific criteria to help determine if the group is a functional equivalent of a family.

Mayor Duncan said that this is an issue all throughout Oakwood. City staff continues to have ongoing dialogue with the University of Dayton regarding student housing, but the problem is not limited to students.

No other visitors wished to address Council on this issue, so Mayor Duncan closed the public hearing.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.