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organization forthe purpose of providing
<br />rooms for sleeping and living purposes ..."
<br />(§17-2-2). They are allowed only by special
<br />permit with 14 site, design, operation, and
<br />transportation considerations (§17-4-12).
<br />Minor changes to the site plan can be approved
<br />without a new special permit process.
<br />Finally, a "private dormitory" is the
<br />term used in Auburn, Alabama's regulations
<br />to describe student -adapted private market
<br />apartments, typically with a bathroom pro-
<br />vided for each bedroom (§2o3). The private
<br />dormitories are limited to the three Urban
<br />Neighborhood districts (§5o2.o2.H).
<br />GET RID OF THAT BELLE TERRE
<br />DEFINITION OF FAMILY
<br />It does not work today and it probably did not
<br />when the case was decided. First, ease up on
<br />the definition of family to enable those who
<br />are a little different than the traditional family
<br />to live where they want without being in viola-
<br />tion of the zoning. An extended straight, gay,
<br />or lesbian unmarried couple with foster chil-
<br />dren is just as good as any other family. They
<br />deserve to live where everyone else does.
<br />Next, consider the government's
<br />responsibilities under the FHAA and analo-
<br />gous state taws, and fold into the regulatory
<br />strategy the siting of protected group homes.
<br />Then consider group homes that may not be
<br />directly protected by federal and state stat-
<br />ute, such as a homeless shelter.
<br />While you are blending all this together,
<br />think what to do about those pesky off -cam-
<br />pus college students. Remember, you have
<br />already coordinated with the college, found
<br />out what housing it expects to provide, and
<br />determined what the demand is for student
<br />housing. In the process you have worked
<br />with private developers to learn more about
<br />what students want, including roommates or
<br />not, price points, amenities, and transporta-
<br />tion options. You have provided zoning in
<br />appropriate locations for moderate- to high-
<br />density development specifically targeted to
<br />students to take the pressure off the rest of
<br />the town. Still, how do you break the eight
<br />guys/four cars/two kegs conundrum created
<br />by the students outbidding the private mar-
<br />ket for single-family houses and apartments
<br />all over town?
<br />Define the `Functional Family'
<br />There is a definitional and procedural approach
<br />that can serve to protect the single-family
<br />residential district while allowing greater
<br />numbers of people who are unrelated yet share
<br />common bonds, that is, a "functional family,"
<br />to live in single-family zoning districts. Remem-
<br />ber, this definitional approach is an adjunct
<br />to zoning specifically for off -campus student
<br />housing and is intended to enable alterna-
<br />tive households other than students to live in
<br />single-family areas.
<br />Poughkeepsie, NewYork, has eased into
<br />this by allowing a "rebuttable presumption"
<br />that five unrelated people living together
<br />who are not related by blood, marriage is not
<br />a family. The household can rebut the pre-
<br />sumption by providing evidence that it is the
<br />"functional equivalent of a family" (§210-9).
<br />Painesville, Ohio, has collected exam-
<br />ples of other functional family definitions
<br />(2013).
<br />The Court of Appeals of Michigan in
<br />Stegeman v. City of AnnArbor(1995) upheld
<br />the right of a functional family subject to a
<br />special use permitto occupy a single-family
<br />dwelling. In that case the regulations defined
<br />a functional family as "a group of no more than
<br />6 people plus their offspring, having a relation-
<br />ship which is functionally equivalent to a family
<br />...." It explicitly excluded groups of students
<br />or other individuals "where the common living
<br />arrangement or basis for the establishment of
<br />the housekeeping unit is temporary."
<br />The use of the "functional family" is by no
<br />means without problems. Some argue there is
<br />too much discretion and too much opportunity
<br />for misuse. More importantly, when it is used
<br />for protected classes under the FHAA, it may
<br />stigmatize the potential residents. Is it right to
<br />require an adult with an intellectual disability
<br />or a clean and sober person in recovery from
<br />substance abuse or their representatives to
<br />be subjected to a public hearing and question-
<br />ing in order to live like any other family? That
<br />is in part a legal issue in some jurisdictions,
<br />but everywhere it is a front -and -center public
<br />policy issue that needs to be talked through.
<br />Perhaps it is better to have an opportunity to
<br />accommodate the alternative household types
<br />through a special use permit process than not
<br />at all, especially when it will enable the exclu-
<br />sion of college students from a neighborhood.
<br />Talk Softly and Carry a Big Stick
<br />Most regulations are no good unless
<br />enforced. Enforcement of zoning and
<br />other local regulations needs to be swift,
<br />certain, and consistent in single-family
<br />neighborhoods where students have taken
<br />over detached houses and apartments. One
<br />of the keys to successful enforcement is to
<br />know where off -campus student housing
<br />is, and that the housing is appropriate and
<br />safe. Licensing and inspection requirements
<br />can help. Landlords in Gainesville, Florida
<br />(§14-5.1 et seq.); Lawrence, Kansas (§6-
<br />1301 et seq.); and West Lafayette, Indiana,
<br />(§117.o1 et seq.) are required to get permits
<br />and submit to periodic inspections in order
<br />to rent. Colleges warn their students to check
<br />for required licenses before renting (George-
<br />town University n.d.).
<br />The most interesting example of strict
<br />enforcement comes from Narragansett,
<br />Rhode Island, where students from the
<br />University of Rhode Island in nearby North
<br />Kingston have had a major impact on the
<br />housing market. The town of Narragansett
<br />got tough on enforcement. Party too hard
<br />and get busted for having an "unruly gath-
<br />ering." You are warned, and the police are
<br />required to post a 10" by 14" bright orange
<br />sticker by the front door entitled "Notice of
<br />Public Nuisance" that warns of the conse-
<br />quences of a second offense (§46-32).
<br />Sound like the scarlet letter? Can they
<br />do that? Yes, the can, said the First Circuit
<br />Court of Appeals, acknowledging Nathaniel
<br />Hawthorne in its decision (URl Student Sen-
<br />ate 2011, footnote 1),
<br />Syracuse, New York, has a "Nuisance
<br />Party Ordinance" with a dozen types of nui-
<br />sances that aptly describe the usual party
<br />house (§16-65 et seq.). The city defines a
<br />"nuisance party" as "a social gathering
<br />which is conducted on premises within the
<br />City of Syracuse and which, by reason of the
<br />conduct of the persons in attendance, results
<br />in any one (1) or more of the ... [listed] con-
<br />ditions or events occurring at the site of the
<br />said social gathering, or on neighboring pub-
<br />lic or private property...." The penalty? Up
<br />to $500 or 15 days of imprisonment.
<br />Flagstaff, Arizona, has a noise control
<br />ordinance that includes a "Nuisance Parties"
<br />section defined similarly to that in Syracuse,
<br />but with escalating fines for repeat offenders
<br />(§6-o8-ooi-0005). Note that these ordi-
<br />nances are not in the zoning law.
<br />And in Bloomington, Indiana, the
<br />city goes after the problem from the traf-
<br />fic side, with an ordinance typical of many
<br />places requiring resident parking permits.
<br />In this case, it is one per vehicle per resident
<br />ZONINGPRACTICE 8.17
<br />AMERICAN PLANNING ASSOCIATION Ipage 6
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