Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 3, 1993 TAG: 9306030351
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG LENGTH: Medium
The new regulation would apply only if both the house and attached apartment are rented.
The main intent of the ordinance is to require homeowners to live in the house if they wish to continue renting the accessory apartment.
The ordinance, which still must be approved by Town Council, is aimed at reducing noise in single-family neighborhoods. If passed, the law could mean thousands of lost dollars for some owners who rent apartments built onto their houses.
The Planning Commission has been discussing the ordinance since December and has revised it four times.
"Dwelling units in single-unit zoning districts that are not owner-occupied create an unreasonably burdensome and disruptive impact upon the surrounding residential neighborhood and constitute a public nuisance," reads the ordinance.
There are hundreds of single-family homes with attached apartments scattered in neighborhoods throughout Blacksburg, most built decades ago when off-campus housing was needed for Virginia Tech students. No new accessory apartments have been allowed on single-family homes since 1976 when the zoning ordinance was revised, but those already existing could continue to be rented.
In the last few years an increasing number of the homes with accessory apartments are being used entirely as rental units. The owner moves, rents the main house to up to three unrelated individuals and then rents the adjoining apartment to someone else.
The ordinance was drafted after Town Council heard numerous complaints from neighbors about the noise and traffic caused by renters.
The ordinance says that if renting an accessory apartment causes "a change in character" from its present use, then the owner would lose the right to rent the apartment.
That means if a quiet, courteous student moves from an accessory apartment, the owner would not be allowed to rent to a loud, partying student.
A half-dozen residents participated in a public hearing on the ordinance Tuesday.
Supporters of the ordinance said they are tired of noisy parties and run-down houses in their neighborhoods, while opponents say the ordinance would penalize every house with an accessory apartment when only a few cause problems.
Howard Massey Jr., a resident of Graceland Court, said it's the town's responsibility to restrict noise created by people living in accessory apartments.
"It's not fair for individual homeowners to have to fight this battle," he said.
Mike Eggleston, who lives on Airport Road, agreed that the intent of the ordinance is good, but said its methods would be ineffective.
"This certainly is unfair," he said "There are more fair and creative solutions."
Commission member Peter Kesler was the only commissioner to vote against the ordinance,
"We are penalizing the owners of the property for the behavior of their tenants," he said. "I don't think the property owners in general are a problem."
Planning Commission and Town Council member Frances Parsons said she supports the resolution because it "strengthens the structure" of single-family neighborhoods.
by CNB