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 residentia...
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