Ordinances Regulating Unrelated Persons ID: 31011

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Mayor Johnston,

I heard back from a couple people through MARC's local planners group regarding ordinances regulating the number of ``unrelated persons per residence (the majority of which did NOT have a rental inspection/licensing program in place):

Raytown, Mo. - Regulates the maximum number of persons in a household through construction codes based on square footage. No more than three (3) unrelated persons living in an individual dwelling unit.

Lee's Summit, Mo. - Limits the number of unrelated individuals occupying a dwelling unit to no more than four (4) individuals.

Overland Park, Kan. - Limit number of unrelated people living in a home/apartment to four (4) people.

Gladstone, Mo. - Limit number of unrelated people living in a single housekeeping unit to five (5) people.

Kearney, Mo. - Definition of family allows up to eight (8) people unrelated by blood, marriage or adoptions, living together as a single household unit.

Stephen Lachky, AICP

Community Development Director | City of Parkville

8880 Clark Ave. | Parkville, MO 64152

t. 816-741-xxxx | slachky@redacted.gov

From: Stephen Lachky
Sent: Sunday, March 20, 2016 5:06 PM
To: Nan Johnston - Personal Email
Cc: Lauren Palmer
Subject: RE: Doug Bias

Mayor Johnston,

I wanted to give you an update. I gave Mr. Bias a phone call on Friday but he wasn't available so left him a voicemail. I provided him an update on the TIF Commission and said for him to call me with any questions or concerns related to rental properties.

I did some research and found that our City Codes define ``Family as, ``An individual or couple and the children thereof and no more than two (2) other persons related directly to the individual or couple by blood or marriage, occupying a single housekeeping unit used on a non-profit basis. A family may include not more than one (1) additional person, not related to the family by blood or marriage, provided that such additional person may be provided with sleeping accommodations but not separate kitchen facilities. However, we do not regulate, monitor or enforce this definition related to dwelling units designed for use or occupation exclusively by one family (i.e., a single-family dwelling unit). Also, we don't explicitly define ``Unrelated Persons in our City Codes.

Jurisdictions are allowed to place limits on the number of persons who live together and can regulate community residents to an extent. Court decisions strongly suggest that zoning restrictions on community residences can be legal if you can answer yes to these three questions:

1. Is the proposed zoning restriction intended to achieve a legitimate government purpose?

2. Does the proposed zoning restriction actually achieve that legitimate government purpose?

3. Is the proposed zoning restriction the least drastic means necessary to achieve that legitimate government purpose?

Off the top of my head, I'm not sure which communities in the Kansas City region have regulations pertaining to the number of unrelated persons living together; however, I've been told that Dean Katerndahl, who's Chair of our Planning & Zoning Commission, may know since he's worked with communities that have developed such ordinances. If needed, and if we want to pursue the creation of an ordinance, we should reach out to him as a resource.

Regardless, it's important to know that a citywide ordinance may or may not resolve the concerns with rental properties Mr. Bias is talking about, and that neighborhood covenants might address them more exclusively. Additionally, it's important for not just Mr. Bias, but City staff and the Board of Aldermen (BOA), to understand that the enforcement of such an ordinance requires greater staff resources from the Community Development Department and perhaps the Police Department.


From: Nanette Johnston [ 1000lists@redacted.net ]
Sent: Thursday, March 17, 2016 3:45 PM
To: Stephen Lachky
Cc: Lauren Palmer
Subject: Doug Bias

While out campaigning last night, resident Doug Bias had some questions:

Have we ever considered licensing rental property?

He is a resident of Pinecrest and a number of homes have become rental properties, several in the neighborhood have been purchased by out-of-state owners.

I know in the past it has been a staff capacity issue, but now with Kelly on board, perhaps we should discuss again. I have rental property in both KCMO and KCKS, and I have to register them with the Cities. It does make it easier to more quickly find out of state property owners if there is a codes issue or fire, etc. Can we make this a topic of discussion?

Are there city ordinances that regulate how many unrelated people can lawfully live in one residence?

If not, can we discuss? I believe there are ordinances on the books in other cities

Mr. Bias is on the TIF commission but has not ever been contacted about a meeting. I told him the TIF project was dormant during the economic downturn, but that discussions with Mr Kelly have resumed and I believe he is probably moving forward on it, although I have no details.

Will you please call him to discuss these issues. Sean has spoken with him in the past. He is pretty reasonable and I feel he has some legitimate concerns. His number is: 913-927-xxxx

Thank you