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Committee moves to tidy zoning use matrix, seek statutory definitions for group homes and other redundant entries
Summary
The Codes and Zoning Enforcement Committee reviewed a cleanup of the use matrix to remove redundant items (including a bed-and-breakfast callout and an isolated 'group home' line) and agreed to adopt statutory language where state law preempts local rules.
The Codes and Zoning Enforcement Committee spent significant time reviewing a zoning use matrix the planning staff submitted and agreed to remove redundant entries and insert statutory definitions where state law already controls.
Speaker 2 told the committee that Resolution 99-1 (dated 01/25/1999) added “bed and breakfast homestay” to an “intermediate impact” category but that the use already appears elsewhere as a permitted use or special exception. Speaker 2 recommended removing the separate C-1 callout to avoid duplication; staff (Speaker 1) said they will look up the resolution and mark the change as a statutory-driven correction.
On group homes, Speaker 2 quoted state language describing that, for zoning purposes, “a single-family residence includes any home in which eight or fewer unrelated persons with disabilities reside and may include three additional persons acting as support staff.” He argued that this state definition preempts local barriers and recommended removing the separate local matrix entry for group homes and instead inserting the statutory definition into the ordinance’s definitions. Speaker 1 requested the exact TCA citation be shown as a footnote when the change goes to the full commission.
The committee made and seconded a motion to remove the separate group-home classification from the matrix and adopt the statutory definition in the ordinance's definitions; the chair said staff should proceed to prepare the replacement language for the full commission.
Committee members also reviewed other housekeeping items—public parks and recreation entries and incidental references to incidental manufacturing and accessory uses—and generally favored collapsing duplicate lines and clarifying where the ordinance must follow state law. Staff were directed to annotate items that are changes required by state law with the relevant TCA citation so the full commission understands the reason for each adjustment.
The committee asked staff to return the cleaned-up matrix, with citations and proposed definition text, at the next meeting so the group can go over language before presentation to the full commission.
