At the Oct. 1 Planning Commission work meeting at the Canyon Community Center, commissioners discussed possible revisions to chapter 10-21 of the Springdale town code that would clarify when repairing, refurbishing or partially demolishing a noncompliant building requires the new or rebuilt structure to meet current code.

The topic matters because property owners sometimes partially demolish older, nonconforming structures during renovations; state law gives municipalities latitude to require reconstruction to current standards in some cases, and the commission wants a clear, repeatable rule so similar situations are treated consistently in the future.

Planning staff contact Nile Connolly explained the problem and possible approaches, saying the draft seeks to define thresholds and procedures for “substantial improvement” so that a repair project that effectively replaces a large share of a structure is treated like new construction for zoning purposes. Connolly referenced relevant state guidance and noted that other communities use either a percentage threshold (commonly 50% of structure value) or an approach that requires retention of at least one original wall to avoid treating the work as new construction.

Commission discussion focused on three practical issues: how to measure a threshold (percentage of building fabric versus percentage of market value versus specific retained elements), how to calculate value (market value of the structure versus construction cost), and whether to include a waiver or administrative review for projects that discover unexpected damage during permitted work. Commissioners also discussed a local case where a contractor removed interior finish and ultimately demolished most of a building without returning for a new permit; staff said state code (quoted in the meeting transcription as “10 9 a - 5 11”) permits a municipality to require voluntary demolitions be replaced with conforming structures and also contains an exception that a municipality may not prohibit reconstruction when a building is destroyed by fire or calamity unless the use is abandoned.

As a practical model, commissioners discussed borrowing the National Flood Insurance Program’s substantial-improvement/substantial-damage approach, which compares the value of improvements to the pre-improvement market value of the structure and uses appraisals when needed. Staff said the commission could adopt a 50% market-value threshold and include a process for appraisals and staff or consultant review where the percentage is unclear.

No final code was adopted. Commissioners asked staff to draft specific language that: (1) proposes a 50% market-value threshold as the primary test, (2) describes an appraisal process or staff review for borderline cases, (3) explicitly preserves the state-law exception for destruction by fire or other calamity, and (4) creates a waiver/administrative-review path when a property owner discovers unexpected damage while working under an existing permit. Staff were also asked to review legal issues and return with recommended ordinance language.