The Morgantown City Council adopted an ordinance redefining the term family within city limits Tuesday.
No more than two unrelated individuals not deemed a "functional family" may occupy a residence within city limits, according to the ordinance.
"We are engaging in a significant set of changes. What we are trying to do is preserve owner occupied neighborhood by restricting the ability to have rentals," said Mayor Bill Byrne. "At the same time we are doing some things to try to encourage more dense development in the downtown and student areas by providing quality, safe and attractive housing downtown."
The code originally allowed up to three unrelated people to live in R1 or R1A residential districts, such as South Park. With the amended code, only two unrelated people can do so.
Students already living with three or more unrelated people in R1 or R1A districts will not be affected by the new code because they are "grandfathered" in, Byrne said.
The code change takes effect in September. Rental units are inspected every three years to determine compliance.
Two Morgantown residents spoke in favor of this ordinance, saying the city needs to protect single family districts.
Councilor Charlie Byrer questioned the city’s enforcement procedures for such ordinances and recommended a five-person committee be formed to review residences. However state code states the city planning director is charged with determining whether a residence complies with the ordinance.
"This is a big effort to oversee what is going on here," Byrer said. "One person, the planning director, I don’t think can really have the time or the effort to go check on everything."
City Attorney Steve Fanok disagreed with Byrer. He said the system to deal with enforcement is already in place, and has a precedent in state code.
"As far as trying to set up another agency or group to administer and look over this goes directly against the state statute," Fanok said. "The zoning statute of the State of West Virginia develops two commissions that are responsible for zoning in any city that develops a zoning ordinance. That’s the planning commission and the board of zoning appeals."
Fanok said the city planning director will make the decisions regarding compliance with the ordinance, and any challenges could be taken to the board of zoning appeals.
"I think we’d be making a huge mistake if we went in a different direction," Fanok said.
Byrne said the council would revisit the ordinance in either six months or one year to determine if the enforcement was adequate.
The council also approved a resolution promoting the establishment of
neighborhood-scaled grocery stores in the city. This measure is meant to encourage high-density development in certain areas and reduce traffic congestion by promoting pedestrian friendly stores.
Deputy Mayor and Councilor Don Spencer said this is a concept being undertaken in many cities.
Sunnyside Up Executive Director Jim Hunt said he has already spoken to two developers interested in developing pedestrian-friendly grocery stores in Sunnyside, but nothing has been planned.
The Council also re-elected Byrne as mayor with no contest during it regular meeting Tuesday.
He has served for the past year and will continue until July 2011. Councilor Jenny Selin nominated him.
Spencer was also elected deputy mayor with no contest.
6/7: It was incorrectly reported that changes to the code will take effect immediately. This is incorrect; it will take effect in September. We apologize for any inconvenience this may have caused.
6/ 9: Comments containing profanity or personal attacks will not be tolerated. Please continue commenting on the issue at hand.
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