Draft Provisions for Inclusion in Proposed Ordinance

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October 28, 2008

3:06 AM

_Click “here”:http://flathatnews.com/content/69240/city-may-amend-3-person-ordinance to read the accompanying article, “City may amend 3-person ordinance.”_

Limited Increase, Single Family District Occupancy

October 6, 2008

-Application

-Filed with zoning administrator

-Includes: floor plan with location of bedrooms, dimensions and floor area, and sketch of lot, with size, location of dwelling and proposed parking areas.

-Constraints a provision wherein the signatories agree to comply with the provisions of the programs.

-Signed by owner, agent (if any) and tenants.

-Owner agrees to distribute pamphlet provided by City to each tenant outlining the requirements of the program.

-Owner agrees to comply with the Virginia Uniform Property Maintenance Code and the Rental Inspection Program. If the property is not located in a rental inspection district, owner agrees to permit inspections under the program.

-One parking space for each person occupying the property. May be on or off street so long as compliant with City parking requirements (each on-street space 22 feet long).

-Owner provides copy of lease, leased to all four occupants. Any change in occupancy requires an amendment to the lease and new lease supplied to the zoning administrator. Owner should also provide telephone numbers of occupants.

-Once the conditions have been met, zoning administrator will issue a certificate of occupancy for he dwelling to house 4 people.

-The zoning administrator shall inspect each property at least one time each year, at the beginning of the fall term to insure compliance.

-Certificate of occupancy may be lost for the following reasons:

-Repeated violations of the city or state nuisance provisions, including noise and litter,

-violations of the Virginia Uniform Statewide Building Code,

-Virginia Statewide Fire Prevention Code,

-or the zoning ordinance,

-or more than 4 people residing in the dwelling.

-If the zoning administrator receives a complaint regarding more than 4 people residing on the property, the zoning administrator will investigate. If the zoning administrator deems the complaint to be valid, the zoning administrator will provide notice to the occupants 24 hours prior to conducting any inspection. The zoning administrator will provide notice by posting on the front door of the dwelling. The zoning administrator will take reasonable steps to notify the owner or agent prior to the inspection. The occupants and owner or agent will allow the inspection. If the zoning administrator determines that more than 4 people occupy the property, the zoning administrator will revoke the certificate of occupancy and the property will be again subject to the 3 unrelated person limitation and the zoning ordinance will be enforced as necessary to insure compliance.

* The process must be repeated each year that the owner wishes to rent to 4 people.

– Any owner or agent, whose certificate of occupancy has been revoked for the reasons listed above, subsequently will not be eligible to participate in the program, unless the violation is deemed to be beyond the control of the owner or agent, which determination will be made on a case by case basis and upon the circumstances leading to the revocation.

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