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, and Accompanying Ordinance
Summary
COUNCIL GOAL: Operational Excellence
(2E: Continuously provide a high level of customer service to our citizens)
MEETING DATE: May 7, 2019
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
* Approval of the proposed ordinance.
ITEM SUMMARY:
* This item is to consider an amendment to Section 146-40 of the McKinney Zoning Ordinance pertaining to nonconforming uses and nonconforming structures.
* 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.
* 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.
* As such, Staff is now proposing the following amendment to Section 146-40 (Nonconforming Uses and Nonconforming Structures), to provide specific consideration of residential uses in nonresidential zoning districts:
"(4) Certain Uses and Lots in Nonresidential Zoning Districts Existing on May 7, 2019.
a. Subsection (d)(4) shall apply only to certain uses and lots in existence on May 7, 2019.
b. Singl...
Click here for full text