ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, August 4, 1993                   TAG: 9308040491
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Medium


APARTMENT ORDINANCE REDRAFTED

A controversial ordinance aimed at reducing the number of apartments in areas zoned for single-family homes has been redrafted, clearing the way for Town Council to approve it by the end of the month.

The majority of council members spoke in favor of the ordinance at a meeting last month, but voted to table it until a few minor wording changes could be made.

"I don't think there's any question that it will pass now," said Councilman Waldon Kerns.

Council will discuss the ordinance at its Aug. 10 meeting, but may not take action until Aug. 24, said Ron Secrist, Blacksburg's town manager.

Single-family homes with accessory apartments are scattered throughout Blacksburg's neighborhoods, most built decades ago when housing was needed for Virginia Tech students. No new accessory apartments have been allowed since 1976, but those already existing could continue to be rented. In recent years, however, a number of the homes with the accessory apartments have been used entirely as rental units. The owner moves and rents the house and apartment to separate tenants.

The ordinance would require the owner to live in either the house or the apartment if either portion of the structure is used as rental property.

The ordinance also says that if renting an accessory apartment causes "a change in character" from the house's present use, the owner loses the right to rent the apartment.

At the suggestion of Councilman Lewis Barnett, a clause was added making it difficult for a homeowner to abuse a section of the ordinance allowing up to two years of absentee ownership.

The way it was written a person could go on a sabbatical for two years, come back for a day and leave for another two years, Barnett said.

"This just closes a loophole," he said. "I supported this before and I think we need to have something in place as soon as possible."

Blacksburg Town Attorney Richard Kaufman said the changes, which were presented to council at a work session Monday, are so minor that the ordinance won't be sent back to the Planning Commission.

Along with the changes to the ordinance, Kaufman and Bill West, Blacksburg's planning director, developed a document that will provide the public information about the proposed ordinance.

Though he thinks the ordinance will pass, Kerns said he isn't certain the town should pass an ordinance that would affect all home-owners with accessory apartments when only a few cause problems.

"There are some problems out there and we definitely need to do something," he said. "I'm just not sure we should apply it across the whole town," he said.



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