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Mr. Roger O. Parent January 6, 1975 Page 2 In that regard, our legislative committee sought information about and legal Interpretations of the current applicable South Bend zoning ordinances from private attorneys and city officials. We concur in their judgment that these ordinances, as they pertain to "A- Residential" areas, contain ambiguities specifically with respect to the definitions of "family" and "one family dwelling." We further concur in their conclusion that our present ordinances are in need of up -dating and clarification particularly in view of the fact that the new proposed county -city ordinances contain the same nebulous language as the present city ordinances. We propose to strengthen South Bend's zoning ordinances by submitting the enclosed amendments to the Common Council. As you know, these amendments are the result of extensive research and careful preparation. Our legislative committee has consulted zoning experts, city officials, attorneys, neighborhood groups and private citizens. We have studied the United States Supreme Court's April 1, 1974 decision in Village of Belle Terre v. Borass as it pertains to the definition of "family" and "one family dwelling," and have specifically analyzed the concepts of "family" and "one family dwelling" as defined by the zoning ordinances of cities such as Denver, Colorado and Long Island, New York. The definition of "family" as contained in the proposed amendment is virtually identical to the ordinance definition of "family" passed on and approved by the Supreme Court in the Borass case mentioned above. On the basis of this research, the proposed amendments are designed to be flexible enough to allow for certain modern attitudes as well as the time - honored practice in South Bend of families accepting roomers into their homes, while at the same time protecting our residential neighborhoods from deterioration by prohibiting any one family dwelling in A- Residentially zoned areas to be misused as lodging houses or boarding houses. While we are best informed of the situation as it exists in the Harter Heights area, our research has confirmed the suspicion that many residential areas have already been seriously infected by real estate speculation of this nature and that every "A- Residential" area is vulnerable to it. That the problem is of a menacing character and begs an immediate remedy, cannot be denied. As citizens and residents of South Bend we are deeply committed to the healthy development of our city and its quality of life. We are confident that these amendments are a reasonable, sound, and enforceable solution to a problem that deeply affects that quality of life.