Property owners in commercial zones may have to notify the zoning department of an intent to put a residence on an upper floor as a permitted use.

That was one of the revisions the city Planning Commission requested after recommending the ordinances allowing upper floor residences as a permitted use be kicked back to city council’s Rules & Ordinances Committee.

Besides notifying the zoning department, the commission also requested language to make clear to property owners that the ground floor must be used for commercial purposes.

The Planning Commission met Monday to discuss the issue again and relay concerns about the ordinances to change residences on upper floors from a conditional use to a permitted use in C-1, C-2 and C-3. The commission had already talked about the issue earlier this month, raising concerns about taking away the local step and increasing the possibility of people not following through with the requirement for state permits, which could result in safety concerns for anyone living in the apartments.

The commission at the time tabled the issue and requested that someone from the Rules & Ordinances Committee appear to answer questions. Councilwoman Cyndi Baronzzi Dickey, who chairs the committee, attended the meeting to address concerns.

Under current rules, apartments can be placed on upper floors of building in commercial zones, including the downtown, but the property owner must file detailed drawings and pay a $50 fee for the city Board of Zoning Appeals to consider the request and grant approval as a conditional use. According to Mayor John Berlin, at least 10 of those conditional uses have been granted over the years out of 10 requests.

According to Dickey, building owners want to utilize the space in the upper floors, but they’re coming under a lot of requirements that are costing money and they want to have the income to do the projects. She said they realized they had to go to the state for building permits and meet state requirements, but didn’t want to have to go through the expense of plans and fees before knowing if they would be permitted to do it in the first place. The idea was to make the process of putting in apartments in upper floors less cumbersome, noting that the ordinance specifies a need to follow state rules.

Planning Commission member Barb Loudon said she’s in favor of using second and third floors, but she’s concerned that some may think since apartments are a permitted use, that they can just do it without going through the state. She also questioned if it was the city’s rules or the state rules that were proving burdensome, saying that people who came to the local zoning office could learn what they needed to do at the state level. They may not know otherwise.

Dickey said she saw an apartment in the upstairs of a building and commented how nice it was, prompting commission member Bob Merry to ask if they went through the old process with the Board of Zoning Appeals, commenting “it worked.”

Mayor John Berlin asked if it allowed for someone to build a residence on a vacant lot downtown, with residences on the upper floors and a garage on the ground floor, but Dickey didn’t feel that was possible, noting the buildings are considered commercial and the area is commercial. She said they could add language to make it clear that the ground floor must be used for commercial purposes.

He also questioned the need to spell out the permitted use in all three commercial zones, but Dickey said future plans to work on the zoning and possibly change things around were the reasons the committee wanted it listed in all three zones as a permitted use.

The discussion concerning local oversight went round and round, with Loudon repeatedly addressing her concern for safety of the eventual residents if someone circumvented the rules since they wouldn’t be forced to go to zoning first and could go straight to the state or may not be aware of the requirement to go to the state. Dickey said there’s always going to be somebody trying to cut corners no matter what the law says. She said she didn’t know how to fight that.

“I don’t think taking this step out of this makes it any worse,” she said.

Berlin questioned whether there could still be the requirement for a conditional use, but without the drawings or fee required, but Dickey saw no purpose to that.

Dickey suggested making it a permitted use, but with a requirement to notify the zoning office.

In other business, the commission agreed with rezoning a vacant lot at the corner of West Wilson Street and South Howard Avenue from RA residential to C-2 commercial. David Halverstadt II, who owns the property and made the request, confirmed that someone wanted to purchase the lot for a small auto repair business, which he said is a permitted use for C-2. When asked if any of the neighbors had been opposed to the zone change, he said he had not heard any opposition. He had a sign in the yard with his phone number and Planning & Zoning Officer Chip Hank confirmed neighbors were notified about the meeting.

The zone change already had a first reading with city council and now requires second and third readings by council for approval.

mgreier@salemnews.net