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

DATE: WEDNESDAY, August 25, 1993                   TAG: 9308250225
SECTION: VIRGINIA                    PAGE: C-4   EDITION: NEW RIVER VALLEY 
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Medium

BLACKSBURG RESTRICTS APARTMENTS

Since it was drafted in December, the ordinance had been the source of controversy at numerous council and Planning Commission meetings.

Apartment owners said it violated their property rights, while supporters said the law was needed to preserve the integrity of single-family neighborhoods.

But no residents voiced their opinion during the public address portion of Tuesday's meeting.

Single-family homes with accessory apartments, most built decades ago when housing was needed for Virginia Tech students, are scattered throughout Blacksburg's neighborhoods.

No new accessory apartments have been allowed since 1976, but those already existing could continue to be rented.

In recent years, however, some homes with accessory apartments have been used entirely as rental units. The owner moves and rents the house and apartment to separate tenants.

As proposed, 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.

"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.

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

At public hearings earlier in the year, supporters of the ordinance said they were tired of noisy parties and run-down houses in their neighborhoods. Opponents said the ordinance would penalize every house with an accessory apartment when only a few cause problems.

The ordinance has been rewritten five times since it was first drafted as council tried to figure out a way to make the ordinance fair to all citizens.

The law requires accessory apartment owners to register each year with the town Planning Department.