By Matt Wake (Contact / Staff Bio)
March 27, 2008 - 09:29 a.m. EST

PENDLETON — The zoning definition of “family” remains a key issue in an attempt to right a stymied development, Pendleton Station. The term plays a significant role in how many unrelated persons can live in the same housing unit.

Currently, the Pendleton Planning Commission is benchmarking zoning policies of other municipalities. Appalachian Council of Governments Senior Planner Aliza Tourkow provided the information to the commission. Collected data included regulations from Greenville, Anderson County, Clemson, Louisville, Ky. and more. In particular, the commission has noted a Newberry ordinance.

“Newberry’s definition allows for three unrelated people to live in any unit or dwelling,” Tourkow said. “And if you’re related by blood, typical familiar relationships including custodial, it’s limitless, if you’re what they call a traditional family. But if it’s untraditional, two unrelated people and any children related to either of them.”

At the conclusion of a March 21 planning commission meeting, chairman Jim Smith asked the commission to begin considering possible changes to the town’s definition of family.

“Let’s consider perhaps adopting something more like Newberry, something that’s more up to date,” Smith said at the meeting. “When you have the definition of family, that’s almost like two-and-two-is-four. Some of these other (regulations) when I read it, I still don’t understand sometimes. The definition Newberry and these other towns have is more detailed than what we have. We’re going to look at that. But we’re not going to say, automatically, you can do this or do that.”

On March 20, the commission voted to recommend striking the definition of “group dwelling” from the town’s zoning ordinance. The decision came after the group spent 90 minutes discussing an array of options, including subtracting and augmenting the current definition of group dwelling.

The commission will execute a final recommendation vote at its next meeting, April 17. A public hearing regarding the move will also take place at that point. If the strike passes a second commission vote, the recommendation would be sent to town council for consideration, presumably at council’s May 5 meeting.

If council passes the motion, it would disallow group dwellings from any district of the town — including those in which the dwelling were previously allowed.

Currently, rooming houses and fraternity and sorority houses are considered group dwelling. Hotels, motels and tourist homes are not.

After the March 21 meeting, Smith said he thought removing the definition would provide clarity.

“I personally don’t see any reason for it to be in there. To me, it’s really confusing,” Smith said. “I like things to be as simple as possible, where people can understand them.”

Smith, in his second term with the planning commission, also believes simplicity would help reduce potential loopholes.

Town Administrator Teri Sloan had asked the commission to examine the town’s definition of group dwelling, group dwelling unit and other possibilities of updating that facet of the ordinance, including permitted use.

Comparing zoning definitions of “family”

Pendleton

(a) Any number of persons related by blood or marriage and living and cooking together as a single housekeeping unit, plus not more than two unrelated roomers, boarders, or domestic servants; or

(b) No more than three unrelated persons living and cooking together as single housekeeping unit; or

(c) No more than two unrelated persons living and cooking together as a single housekeeping unit. This section is applicable to townhouses, apartments and condominiums.

Newberry

A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

(a) Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship;

(b) Three unrelated people;

(c) Two unrelated people and any children related to either of them;

(d) Not more than nine people who are:

(i) Residents of a “Home” as defined in Section 6-29-770 of the South Carolina Code of Laws.

(ii) “Handicapped” as defined in the Fair Housing Act, 42 U.S.C Section 3602 (h). This definition does not include those persons currently illegally using or addicted to a “controlled substance” as defined in the Controlled Substances Act, 21 U.S.C. Section 803 (6).

(e) Special Exception procedures outlined in the Zoning Ordinance.

(i) Exceptions – The definition of “Family” does not include:

a. Any society, clubs, fraternity, sorority, association, lodge, combine, federation, coterie or like organizations.

b. Any group of individuals whose association is temporary or seasonal in nature; and

c. Any group of individuals who are in a group living arrangement as a result of criminal offenses.

Greenville

A family is defined as a person living alone, or a group of people, including domestic employees, living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and sanitary facilities as distinguished from a group occupying a boardinghouse or other group living facility or visitor accommodations.

Anderson County

Family means one or more persons living together as a single housekeeping unit. For the purposes of this chapter, such persons may include gratuitous guests, foster children and domestic servants employed in the same.