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TAC backs clearer nonconforming‑use rules, eases conversion review for existing commercial buildings
Summary
Staff rewrote nonconforming‑use sections, extended discontinuance from six months to one year, and proposed treating conversions of existing commercial buildings to residential as a type‑1 conversion (MDS) rather than subjecting them to full new multifamily site‑plan standards. The group discussed prefabricated dwelling definitions and affordable housing affordability periods.
Staff told the TAC the nonconforming‑use section was reorganized by situation (use, structure, lot) and recommended extending the discontinuance period to one year from the current six months so vacant nonconforming sites have more opportunity for reuse. "We went from 6 months to 1 year," staff said, and members praised the change as better aligned with typical local practice.
On conversions, staff explained the intent to treat many commercial‑to‑residential conversions as a Type‑1 MDS process rather than a full site‑plan review that could require new minimum densities or design standards and potentially discourage adaptive reuse. The example discussed was a recent studio‑hotel conversion where staff expects limited MDS review focused on specific items (e.g., dumpster enclosures) rather than wholesale redesign. "Conversion from commercial to residential is a type 1 decision," a staff member said. TAC members asked for clearer language to prevent unintended consequences for larger conversions.
The committee also reviewed proposed definition changes: removal of courtyard housing definitions, addition of mobile food unit/pod definitions, and a choice between referencing the Oregon prefabricated‑dwelling definition or adopting a locally flexible model‑code definition. Staff noted a proposal to reduce the required affordability period for income‑qualified housing from 30 years to 20 years to match federal HOME fund practice; staff said state statute sets 30 years but local federal funding often uses 20.
Next steps: staff will refine MDS conversion language, choose a prefabricated‑dwelling definition approach consistent with building department requirements, and finalize the nonconforming‑use wording for the next TAC meeting.
