City council alters meaning of ‘family,’ ‘dwelling’ in Municipal Code

March 28, 2008 12:12 am

THOMASVILLE — The Thomasville City Council redefined the words “family” and “dwelling” this week in an effort to prevent unauthorized boarding houses and duplexes.
Specifically, the council amended Section 22-6 of the Municipal Code to the sections where those terms are defined.
“Dwelling” was redefined to mean: “An enclosure of one or more rooms, including one kitchen facility, designed or constructed as a unit for residential occupancy by one family only.
A “family” was defined as: “One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons in their individual capacities occupying a boardinghouse, lodging house, hotel, motel or fraternity or sorority house.”
The council unanimously approved the changes Monday night.
Previously, a dwelling had not been limited to a single kitchen.
The amended definitions will clear up the intent and applications of the definitions, the city said in an e-mail response.
“The previous definition left room for interpretation,” the response said.
One recent example was given to illustrate the need for the changes.
In that instance a project approved as a duplex with two units, each with a first floor with living and cooking space and a second floor with bedrooms. During construction, however, the plans were changed with two additional kitchens installed upstairs.
The example given occurred at 205/207 Bartow Street.
“We interpreted the additional kitchens as an indicating of additional dwelling units,” the city said in its e-mail response. “Upon study and consultation with the city attorney it was determined that our interpretation of a dwelling unit was not supported by its definition as written in the Municipal Code.”
Another problem discussed during the Monday meeting was rooms being rented at residences that are zoned for use by single families only.
Single families that already have two kitchens will not be affected by the changes to the Municipal Code.
In cases where a family needs to install a second kitchen, the city can grant a variance.
“As with any section of the zoning code a person seeking a variance can apply to the Board of Architectural Review and ß Appeals,” the city said. “The applicant would have to present evidence of special and unique circumstances as to the request.”

Reporter Alan Mauldin can be reached by calling (229) 226-2400, ext. 226.

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