Commission readies nonconforming-structure proposal for joint meeting, debates 12-month rebuild window

The DeSoto Planning and Zoning Commission discussed a planned presentation to a joint boards-and-commissions meeting on nonconforming uses and structures, focusing on whether owners should be allowed to rebuild after a catastrophic loss and how much time to allow for insurance and permitting.

Assistant Director Jackie Colton summarized the current code and the commission’s prior work: nonconforming uses are lawful uses that predate a zoning change and may continue under restrictions such as no enlargement without approval and loss of the nonconforming status after a cessation of use. Colton said staff and the commission had previously drafted ordinance language that would let owners rebuild the identical nonconforming structure if reconstruction begins within 12 months.

Commissioners discussed the reason for the 12-month window, noting insurance settlements can delay reconstruction. One commissioner asked whether the zoning board of adjustment (ZBA) already provides relief in such cases; staff said the ZBA does have related variance and nonconforming provisions but that the commission should present the ZBA language alongside its proposed ordinance to ensure the rules are “harmonious.”

Colton asked for a volunteer liaison to help finalize presentation materials; commissioners set a draft deadline of Aug. 4 for staff to circulate the slide deck and related ordinance text for review before a special meeting and the joint session scheduled for Aug. 20. Staff said it would bring the ZBA provision text, the prior draft ordinance and the survey results the commission had relied on.

No ordinance was adopted at the meeting. The commission agreed to present the draft language (including the 12-month commencement provision) to the joint meeting and to confirm whether the ZBA process, any associated fees, and conditions will cover cases that exceed the draft parameters.