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Board backs zoning text change to clarify nonconforming single‑family protections in MXDO
Summary
The board recommended approval of ZTA 25-07, clarifying that lawfully established single-family homes under 0.25 acres in the MXDO district can continue, be repaired, and be rebuilt if destroyed; one board member recorded a nay during the voice vote.
The Planning & Zoning Board on Aug. 14 recommended approval of Zoning Text Amendment ZTA 25-07 to add specific nonconforming provisions for the Mixed Use Development–Office district (MXDO). Staff said the amendment clarifies that lawfully established single-family residences on lots smaller than one-quarter acre may continue, undergo repairs, and be rebuilt if destroyed, easing financing and sale concerns raised by owners.
Staff described two approaches under review: the proposed text amendment and an alternative zoning confirmation letter that would preserve rebuild rights for certain circumstances. Legal review of the alternative was ongoing; staff asked the board for a recommendation so staff could proceed as needed. Board members pressed staff on notice to abutters, the scope of rebuild rights, and whether protections would survive future rezoning; staff said the nonconforming provisions allow continuation of existing single-family use but limit expansion or conversion unless the property undergoes a new site-plan and rezoning.
Several board members urged stronger, explicit protections for current homeowners and clearer triggers for when nonconforming status would be lost (for example, a change in use or redevelopment). A motion to recommend approval passed by voice vote; the transcript records one recorded 'nay' from Board member Hayes.
Staff noted they will inform the board if the office pursues the alternative (zoning confirmation letter) rather than the text amendment and will finalize language with legal. The amendment aims to reduce uncertainty for homeowners and prospective buyers while preserving the city’s long-term MXDO vision.
