“Multi-family apartments and townhomes are not permitted or conditional use in the O-R (Office Residential) zoning district,” the city stated in a press release this week. “Multi-family (units) are only permitted in an RMF-H (Residential Multi-Family High Density) zoning district.”
City officials said the property had operated as an assisted living facility since it was built more than 50 years ago, but has allegedly been operating as a multi-family complex within the past few months.
“The property has been in compliance since it was built as an assisted living facility in 1974, which is a conditional use in the O-R (Office-Residential) zoning district. When it was purchased and converted from an assisted living facility to a multi-family apartment complex, it became non-compliant,” said Trotwood Planning and Development Director Tyler Hauck.
Other conditional uses under the property’s current zoning designation also include single family dwelling; two-family dwelling; community center; park/playground; or office space, according to Hauck.
Permitted uses include government office facility; non-office government facility; and adult or child daycare center.
Officials did not specify a date by which the property owner must comply with the cease and desist order but noted court action may be taken.
Violation of the city’s zoning ordinance is a minor misdemeanor for each offense.
“Zoning code violations aren’t just technicalities; they’re a breach of the balance between progress and community integrity,” said Mayor Yvette Page. “We expect them to follow the rules like any good community partner would do.”
Montgomery County Auditor’s records show the Denlinger Road property was initially owned by Evangelical Retirement Villages Inc. until it was sold to Dayton Healthcare Investors LLC in 2006.
The property was then purchased by Friendship SNF Property Holdings LLC in 2024, before that company sold it to 5790 Denlinger Road LLC in August.
The apartment complex has multiple “Now Leasing” signs on the property as of early this week.
Pleasantwood Apartment staff did not immediately return a request for comment Tuesday.
When prompted with a question about whether the property was an assisted living facility, an AI chatbot on the complex’s leasing website said the rental units are not age-restricted.
“Pleasantwood Apartments and Townhomes is not designated as an assisted living facility,” the chatbot responded. “It is open to all ages as long as the resident passes a background check.”
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