Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Regulations), Section 146-40 (Nonconforming uses and nonconforming structures) of the Code of Ordinances
Summary
COUNCIL GOAL: Operational Excellence
(2E: Continuously provide a high level of customer service to our citizens)
MEETING DATE: April 23, 2019
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for consideration at the May 7, 2019 meeting.
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments.
ITEM SUMMARY: On August 21, 2018, the City Council considered and approved amendments to the Zoning Ordinance modifying the allowance of residential uses in commercial zoning districts. However, Staff was recently made aware that some existing homes within the modified zoning districts, which are now considered legally nonconforming or "grandfathered," have run into issues with closing home sales due to mortgage companies' unwillingness to issue home loans.
Although these properties are considered legal nonconformities in the eyes of the City, some mortgage companies may refuse to issue loans due to the fact that reconstruction of a legally nonconforming home is not possible if it becomes damaged beyond 50%, under the existing provisions of the Zoning Ordinance.
At the April 2, 2019 City Council Work Session, Staff discussed this concern with the Council and presented several potential options to alleviate the issue. During the discussion, Council reached a consensus and directed Staff to move forward with a modification to Section 146-40 of the Zoning Ordinance related to nonconforming uses and nonconforming structures.
Staff is now presenting the proposed amendment for consideration by the Planning and Zoning Commission. A copy of the ...
Click here for full text