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Staff asks commissioners to define 'dwelling' as code rewrite advances
Summary
Staff opened a foundational code question about what legally constitutes a dwelling (kitchens, bathrooms, sleeping spaces) and flagged safety and illegal conversion concerns; commissioners were asked to review the current definition and provide feedback.
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As part of the land-use code workshop, staff asked the commission to consider a foundational question that could influence many code elements: what should legally constitute a "dwelling"? Planning coordinator Corey Shurtleff said the current code ties number of dwellings in a structure largely to the number of kitchens, which can create loopholes when kitchenettes or other fixtures enable the creation of secondary living spaces.
Shurtleff described safety risks and conversion scenarios — for example, a basement with a kitchenette and exterior access converted into a rental unit without proper permits and safety upgrades. He asked commissioners to review the existing definition and return with recommendations. "What constitutes a dwelling?" Shurtleff asked; he noted the city’s current framing as a "three-legged stool" (sleeping, bathing, and living) but said the practical test often comes down to cooking/heating elements in a unit. Commissioners agreed this is a foundational issue that staff and the building official will bring back with more detail.
