Chesterfield seeks tougher laws on crowded houses

Chesterfield County is looking at ways to limit the number of people living under a single roof.

Planning commissioners this week directed staff members to work up a draft ordinance by April that would limit the number of occupants based on the home's square footage.

Current Chesterfield zoning law allows as many as four unrelated people to live in one home, including up to two "roomers" who can rent rooms from the homeowner, but there is no cap on the total number in each house. The suggested changes would set a cap on the number who live in a house -- even if they are related.

The county's exploration of the housing issue comes in response to complaints during the past year that large numbers of people were living together in single-family homes.

Jo Trout, a resident of the 500-home Surreywood subdivision north of Hull Street Road, was one of those who complained about a house in her neighborhood.

"We have actually had a situation where a group of immigrants purchased a house in our subdivision. They made bedrooms out of the living room, the dining room. They had a huge two-car garage where everybody ate -- they actually put some stoves and things in there," she said.

In recent years, Chesterfield has begun to look more seriously at its illegal-immigrant population as courts, jails and health services have struggled to keep up with demand. A 2007 report estimated that illegal immigrants cost the county $1.35 million in fiscal 2006.

Tommy Baer, a local attorney who focuses on immigration issues, said the county could be treading on thin ice. "That's Big Brother kind of stuff," he said. "I just don't think that's going to fly constitutionally."

Ted Barclay, Chesterfield's code-compliance supervisor, said the changes discussed this week could allow for easier enforcement of the zoning code, because zoning officers easily could determine whether a house had too many occupants.

In Surreywood, Trout said the issue since has been resolved when the house was sold, but the Surreywood Civic Association and other community groups would like to prevent similar issues in the future. She suggested that homeowners should be required to apply for a conditional-use permit to rent, allowing for community dialogue.

"Those people who are renting rooms, they are not vested in our community or any community. They don't care. They come and go at odd hours. They don't care whether they throw trash on the streets. They don't care if they maintain our speed limits," she said.

"We're trying to get the county to help us keep and maintain the integrity of a single-family home. When I buy in a subdivision, that's what my assumption is, not that I'm going to have a boarding house next door."

Barclay said the county building code limits the number of occupants in any dwelling, but that limit is based primarily on capacity. As a result, 20 or 30 people could be allowed to live under one roof.

Caroline County, which has a building-occupancy provision in its zoning laws, requires 70 square feet for a room to be considered a bedroom, allowing for a single occupant. For each additional occupant, 50 square feet of bedroom space is required. Herndon in Northern Virginia has similar provisions.

Chesterfield Board of Supervisors Chairman A.S. "Art" Warren said he has received numerous complaints from residents of some subdivisions about overcrowded houses and multiple cars parked outside.

"It's going to be very difficult to deal with this any way you look at it, but it is a problem and it has come up in many places," he said. "Certainly whatever is recommended by the Planning Commission, I'm going to give serious attention to."

Chesterfield supervisors next month will consider a hike in the penalty for homes where more than four unrelated persons are living. The supervisors also will consider shortening the appeal period after a violation is issued. As proposed, the maximum fine would go from $2,000 to $5,000 and the appeal period from 30 days to 10 days.

Contact Wesley P. Hester at (804) 649-6976 or .