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Planning staff propose major rewrite of nonconforming rules to allow repairs, discourage expansion
Summary
City planning staff presented a rewrite of nonconforming use, lot and structure rules in Chapter 18 intended to allow safe repairs, remove amortization provisions and clarify when nonconforming properties must transition to current zoning. Commissioners asked for a subcommittee to review residential corridor cases.
Planning staff presented a comprehensive rewrite of the Land Development Code’s nonconforming provisions on March 5, proposing changes intended to allow safety repairs and routine rebuilding while limiting expansions of nonconforming uses.
Why it matters: The proposed code changes affect long‑established small lots and nonconforming businesses and structures in older corridors. Staff said the current code — last fully overhauled in 1987 — prevents routine repairs, includes an amortization schedule that staff recommends removing, and has produced unclear administrative outcomes for owners, lenders and insurers.
Key proposals and thresholds. Staff proposed: - Allowing routine repairs and maintenance to preserve safety and habitability rather than forcing demolition. - Removing the amortization clause (which staff said could require a city purchase of property and has been the subject of lawsuits in other jurisdictions). -…
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