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Commission presses staff to soften nonconforming rules, citing housing and reliance concerns
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Summary
Commissioners pressed staff to remove a draft ban on increasing housing units as part of nonconforming expansions, to replace mandatory revocation language with discretionary language that protects good‑faith reliance, and to add flexibility for abandonment and lot‑line adjustments.
During detailed review of Article 6 on Feb. 21, several commissioners objected to draft nonconforming provisions they said could unintentionally restrict housing production and harm property owners who relied in good faith on permits. A draft sentence would have denied expansion that results in an increase in the number of housing units; commissioners urged staff to remove that sentence so expansions that add housing are not categorically barred.
Commission discussion focused on two concrete points. First, the draft includes a 36‑month threshold after which a nonconforming right may be lost for prolonged abandonment; staff said that figure is intended to be permissive but commissioners asked for 'good cause' extension language (for insurance delays, environmental clearances or other factors). Second, the code’s current draft used strong mandatory language allowing revocation of permits issued in error. The chair argued that if an applicant relied in good faith—had poured foundations or secured bank financing—automatic voidance would be unfair: "If they relied on, in good faith, on an issued permit... they shouldn't have it revoked," the chair said. Commission members suggested changing ‘shall’ to ‘may’ and adding explicit appeal and reliance protections; staff agreed to edit the language and to ensure revocation decisions remain appealable.
On the 50% expansion limit, commissioners noted that the draft retained a historical 50% square‑footage cap on nonconforming expansions and an accompanying prohibition on adding housing units. Several commissioners recommended removing the housing prohibition while retaining clear rules for square‑footage limits and discretionary review. Staff acknowledged that part of the contested language derives from existing code and recommended striking the sentence that forbids adding housing units.
What’s next: staff will revise Article 6 language to reflect the commission’s direction—replace mandatory revocation wording with discretionary language that accounts for reliance, provide a procedure for extensions when reconstruction is delayed for reasons beyond an applicant’s control, and remove the categorical ban on creating additional housing units through nonconforming expansion.
