Family Definition Meetings

Upcoming Meeting

Housing Strategy Committee: The Housing Strategy Committee will meet in virtual format on Thursday, February 23, 2023 at 5:00 PM. Agenda items include amending supplemental regulations within Section 28.151 MGO and definitions within Section 28.211 of the Madison General Ordinances to update definitions of "Family".

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• Register for public comment
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Family Definition

Timeline

1. September 29, 2022 – Plan Commission Work Session
2. October 3, 2022 – Wisconsin State Journal News Article
3. October 2022 – Staff Research and Drafting
4. November & December 2022 – Meetings with Alders
5. December 19, 2022 – Near West Neighborhoods Meeting
6. January 17, 2023 – Council Referral
7. January 27, 2023 – Cap Times News Article
8. February 2, 2023 – Community Informational Meetings
9. February 6, 2023 – Community Informational Meetings
10. February 7, 2023 – Tone Madison Opinion Piece
11. February 13, 2023 – Plan Commission
12. February 23, 2023 – Housing Strategy Committee
13. February 28, 2023 – Common Council

Plan Commission:

Last week Plan Commission passed unanimously the proposed changes to the Family Defition in the zoning code. For more information, the recording of the meeting can be found here.

The proposed changes address several matters, but are primarily focused on the unequal treatment of renters and homeowners and related inequities in our current ordinances. As you can see in the following chart:

• Madison's rental market is very tough for Black households (HH), in particular, with average Black households being able to afford monthly rent that is much lower than the median Madison rent.
• In 2020, that gap was almost $600 per month.
• Given that Black households rent much more often than White households who dominate homeownership, it is very tough for the average Madison resident of color to afford their rent, more or less create wealth on a path to homeownership.
• White households on average have much greater "rental power" than other races and ethnic groups

Supporters of these proposed changes believe:

• that allowing more unrelated renters to live together will potentially address some of these large gaps.
• that our current ordinance is potentially in violation of our Equal Opportunities Ordinance that bans discrimination on the basis of student status and age, amongst other characteristics.

Staff Analysis:

DRAFTER'S ANALYSIS:    This proposed ordinance amends several sections of MGO Chapter 28 in order to change the current definition of "family" in the zoning code. The family definition restricts the number of people who can live in an apartment or house together based on the zoning district, their ownership status or their relational status. The original intent of the family definition was to protect single family neighborhoods from college student renter households and was added to Madison's zoning code in 1966. Today, the restrictive family definition negatively impacts Madison's goals of increasing housing supply and equity. This proposed ordinance change expands the definition of family in order to expand housing options and equity.

Currently, over one third of land area in Madison is zoned to prohibit more than two unrelated renters from living together. In these same areas, owner-occupied housing units can house up to five unrelated individuals. These zoning districts are primarily lower density districts with single family houses. Other zoning districts allow a maximum of five unrelated individuals. A family could also be related individuals with up to four unrelated roommates. People of color and lower income residents are disproportionately affected by the current zoning definition of "family" because they are more likely to be renters and more likely to need to share a housing unit to afford rent.

This proposed ordinance change removes the distinction between owner-occupied households and renter-occupied households; allows two related families with children/dependents to live together as one household; removes the distinction between some zoning districts and others by creating the same occupancy standard for all zoning districts which allow housing; and updates the family language discussing people with disabilities. Finally, references to "Dependency Living Arrangement" are removed throughout Chapter 28 since they are no longer needed with the change to the family definition. Dependency Living Arrangement allowed for two kitchens in a dwelling unit if not owner-occupied, but that carve-out is no longer needed as it will now be allowed.

You can read an even more detailed analysis of the proposed changes by Building Inspection and Zoning staff here and find additional materials and public comment here. Building Inspection has also created a webpage with information on the proposal, including recordings of two community informational meetings that were held earlier this month.