Agenda

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Item # 4.

Council Meeting

Meeting Date:	04/27/2021
Department:	Public Works
Pillars:	Excellence in Transportation Systems
Milestones:	Leverage Airport assets to maximize business growth and expansion Establish an intentional culture throughout the organization that is based on continuous improvement, excellence, and adherence to our core values

AGENDA CAPTION:

Consider Action on an Ordinance Amending Appendix A (Zoning), Article XIII (Nonconforming Uses) of the Code of Ordinances of the Town of Addison, Texas to Add Section 11 – Nonconformity Due to Outside Action.

BACKGROUND:

It has been the Town’s practice to implement elements of the Master Transportation Plan when performing major reconstruction or replacement of roadways. This practice often results in the need to acquire additional rigth-of-way (ROW) to accommodate wider sidewalks, medians, and enhanced landscaping. The loss of property due to this acquisition can cause properties that were previously in conformance with the Town’s zoning ordinances to become nonconforming or push properties further into nonconformity.

This item codifies the ability of the Town to allow existing buildings brought into non-conformity (insufficient setbacks, parking, landscaping, etc.) with the Code of Ordinances to lawfully exist when the cause of the nonconformity is the acquisition of ROW by the Town or other specified governmental agencies. Such allowances have typically been granted via individual agreements between property owners and the Town. This Ordinance assures property owners that a qualifying nonconformity will remain exempted for the life of the building. Any redevelopment, new construction, or expansion of existing structures on the property will be required to meet zoning and development standards in effect at that time.

This is a best practice employed by municipalities to deal with corridors that are expanding and impacting existing development. Future ROW acquisition will be needed as we reinvest in our transportation corridors.

RECOMMENDATION:

Administration recommends approval.

Attachments
Ordinance - Non-Conforming Zoning Due to Outside Action