Hudson logo
File #: 24-105    Version: Name:
Type: Ordinance Status: Passed
File created: 8/15/2024 In control: City Council
On agenda: 1/21/2025 Final action: 1/21/2025
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.
Sponsors: Chris Foster
Indexes: Community Development - LDC
Attachments: 1. LDC Amendment - Section 1206.05(4)(B) Non-conforming residential use, 2. Ordinance No. 24-105, 3. PC Signed Decision, 4. Ordinance No. 24-105 (amended for 12-17-24), 5. Ordinance No. 24-105 (amended for 1-21-25)
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
January 2025 Update: At the December 17, 2024 Council session, Council had requested some clearer language regarding the ability for residential uses on small parcels to not have to go to BZBA as conversion of those parcels to conforming uses is unlikely. Attached is revised text with the revisions incorporated.
In addition to the attached revision to clarify the text an additional whereas statement has also been added to help the current reader of the amendment better understand the reasoning. These Whereas statements are also helpful to future staff and boards when looking back years later.
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 th...

Click here for full text