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Council hears development-code updates; questions 80% rebuild threshold for destroyed homes
Summary
Planner Mr. Farnsworth presented development-code updates and a nonconforming-use provision that limits repair or rebuild to 80% of a structure’s pre-destruction value; council members pressed to raise the threshold and staff said protections for single-family residences were strengthened and the number is adjustable.
Mr. Farnsworth gave a final review of proposed development-code updates ahead of a planning-commission public hearing and a 60-day Department of Commerce review. He called the session a "final pass" and explained the procedural path: submit for state review, hold public hearings (planning commission public hearing planned Monday the 10th), and then return to council for adoption.
A council member asked why the draft limits repair/rebuild to 80% of a structure’s pre-destruction value. Farnsworth said the 80% line is intended to preserve the distinction between nonconforming uses and outright permitted uses; if rebuilding reaches 100% of pre-destruction value it effectively converts the nonconforming use into a permitted one. He also told council staff can tweak the percentage: “it’s definitely not set in stone, but it really just comes down to the difference between a non-conforming use and an outright permitted use.”
Council members expressed concern that an 80% cap could leave homeowners unable to rebuild equivalent housing after a loss, and suggested raising the threshold (one council member jokingly said “99”). Farnsworth noted the draft strengthened protections for single-family residences specifically. He said once Department of Commerce and public-hearing comments are received staff will produce a cleaner consolidated code document and consider adjustments to the percentage.
The development-code packet also condensed the use table; councilors asked clarifying questions about prohibited uses and minimum-lot-size definitions (including how ADU/DADU and townhome counts are handled). Farnsworth said consolidated tables will be cleaned up post-review to make permitted and prohibited uses clearer.
The council will hear the public hearing at the planning commission on Monday and will receive a revised packet after the Department of Commerce review and public comments.
