Work session examines proposed Title 21 nonconformities changes aimed at easier small repairs, but concerns raised about perpetual rights

Daniel McKenna Foster, Long Range Planning, described AO 2025-94 as a complex but foundational chapter of Title 21 governing nonconforming structures and uses. He said the draft aims to make it easier for property owners to perform small interior and exterior repairs without triggering large-scale requirements to bring an entire property into full conformance with modern zoning rules.

The proposal would raise the financial threshold at which a project requires full conformity review — described in the work session as moving from the existing ~10% of structure value threshold to a proposed 50% threshold — so smaller repairs would not force owners to undertake broad, costly upgrades to drive conformity. McKenna Foster said the change targets the deterrent effect where property owners avoid permits because meeting full-conformity requirements for small projects is onerous.

Member Bradley framed several amendments she circulated to address encroachments and setbacks, including language to allow pre-2014 foundations to…