Sec. 409 RESIDENTIAL GROUP RENTALS
409.1 Residential Group Rentals.
The following standards apply to group rentals of residential properties.
409.2 Intent.
This section is intended to reasonably regulate detached Single Family and Two Family dwellings in group rental housing situations. The City finds that occupancy limits are needed to control negative impact such as traffic congestion, off and on street parking congestion, noise and litter, which are inimical to the health and safety of residents, particularly children. Such regulation is also needed to preserve property values and the characteristics of family values, quiet seclusion, and clean air of such neighborhoods.
409.3 Maximum Number of Occupants.
No Single Family Dwelling, or dwelling unit in a Two Family Dwelling, may be rented to, or occupied by, more than two individuals who do not constitute a Family. See Section 300, Terms Defined, and Section 409.4, Determination of Status as Family.
409.4 Determination of Status as Family.
A. Determination.
Upon investigation, complaint, or application of a person aggrieved, the Building Commissioner shall make a written determination of whether a specified group of persons constitutes a Family.
B. Transferability.
The determination of the Building Commissioner, subject to any modification on appeal, shall be transferable with the entire group of persons constituting the household or with a majority of the persons constituting such household. It shall not run with the premises when occupied by a different household or other group of persons.
C. Appeal.
The Building Commissioner's determination under this Section may be appealed to the Board of Zoning Appeals in accordance with Section 1007. In acting on such appeals, the Board of Zoning Appeals shall apply the factors set forth in Section 409.4(D) and shall be authorized to overrule the determination only where there is evidence in the record that the Building Commissioner erred. The following individuals have the right to appeal the Building Commissioner's determination:
  • 1.Any member of the group proposed as a Family;
  • 2.The owner of the premises occupied by such group; or
  • 3.Any other person aggrieved by the Building Commissioner's determination.