Title
AN ORDINANCE AMENDING CHAPTER 1206.05 OF THE LAND DEVELOPMENT CODE RELEVANT TO NON-CONFORMING RESIDENTIAL USES.
Brief Description: Land Development Code Amendment to provide greater ability of existing non-conforming residential properties to rebuild or expand an existing dwelling on an existing parcel.
Body
Legislative History
None
Purpose & Explanation
There are numerous non-conforming residential properties located within commercial/industrial zoning districts. These uses are concentrated in District 8 along portions of S Darrow Rd, Hudson Dr, Seasons Rd, Sullivan Road, and Martin Drive. In these locations, residential was a use by right under the Hudson Township zoning; however, was revised to commercial/light industrial zoning in approximately 1995. The intent of the zoning is to allow the pre-existing residential uses while permitting the area to transition to commercial/industrial uses over time. Over the previous 30 years new commercial/industrial development has occurred in these areas; however, numerous residential homes are still present.
City staff has received a request from Council President Foster to study methods within the LDC to strengthen the ability of these residential property owners to maintain, expand, and resell their property. City Council discussed this at their workshop session on February 13, 2024 and August 6, 2024. Based on those discussions staff has formally submitted the follow amendment:
1206.03 Non-Conforming Use Standards: The attached amendment would provide expanded abilities for non-conforming residential properties the ability to rebuild or expand.
1. Reason for deconstruction/removal: under the current regulation, a residential structure can only be rebuilt due to fire, earthquake or act of God. The amendment would allow reconstruction for any reason. This would allow for a house to be demolished with a new one built on the same parcel. This text would not allow the subdivision of land to create new residential parcels.
2. Precent expansion: Under the current regulation a structure can only be rebuilt with a expansion of 10% to accommodate for minor changes in design and codes. The amendment would allow for the reconstruction of a single-family house with greater ability to expand.
City Council, at the August 5, 2024 workshop, expressed concern of a property potentially being demolished and rebuilt multiple times. Staff looked at amending the proposal so a property could only rebuild one time. Such a change; however, could create difficulties for homeowners in the future. Prior to 2011, a non-conforming use could not be re-established if discontinued for any reason including fire, earthquake, or other act of God. In 2010-2011, mortgage lenders were starting to no longer provide financing to non-conforming single family dwellings due to concerns over the inability to rebuild. ORD 2011-65 was adopted in response to allow the rebuild of the existing structure damaged by a natural disaster/fire with the allowance of some minor expansion (110%) due the difficulty to rebuild at exactly the same square footage. If the LDC was amended at this time to only allow a rebuild once, future homeowners would confront a similar issue regarding insurance coverage.
Staff feels the likelihood of a residential property being demolished and rebuilt in a significantly larger size multiple times is low and of less concern than potential challenges of homeowner access to insurance coverage.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
No
Recommendation
Suggested Action
Staff recommends City Council proceed with a first reading and forward to the Planning Commission for a public hearing and recommendation.
Submitted by,
Thomas J. Sheridan, City Manager
Greg Hannan, Community Development Director