Title
AN ORDINANCE AMENDING CHAPTERS 1205 AND 1206 OF THE LAND DEVELOPMENT CODE RELEVANT TO NONCONFORMING RESIDENTIAL USES.
Brief Description: Land Development Code Amendment to Chapter 1205.9 and 1205.11 setbacks and 1206.03 Non-conforming uses relevant to regulations applicable to existing non-conforming residential uses.
Body
Legislative History
None
Purpose & Explanation
Within the city 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. Based on that discussion and additional correspondence with President Foster staff has formally submitted the follow amendment:
1205.09 and 1205.11 Setbacks:
The base setback for District 6 and District 8 uses (commercial/industrial) is 50ft front and 25 ft side and rear. A residential zoned property (such as an abutting D3 area) gets twice the protection of a residentially used property (such as a non-conforming residential use on D8). The proposed amendment would establish the higher tier of setback for both residential zoned and used property.
1206.03 Non-Conforming Use Standards:
The following proposed 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.
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 #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council complete first reading and forward to the Planning Commission for conducting a Public Hearing and forwarding a recommendation.
Submitted by,
Thomas J. Sheridan, City Manager
Greg Hannan, Community Development Director