Commission considers one-time height allowance and footprint limits for renovating noncompliant commercial buildings

Planning staff presented a proposed ordinance for commercial zones that would permit owners of noncomplying commercial buildings to renovate or rebuild within the existing building footprint while bringing most elements up to current code, but would bar additions beyond that footprint. The draft would also allow a one-time roof height increase of up to two feet, subject to justification and limited to a single use of the provision.

Mr. Connolly told the commission the proposal would allow "them to be rebuilt within their existing footprint while meeting current code requirements in other areas." Commissioners discussed safeguards to prevent the provision from being used to indefinitely preserve nonconforming uses. The minutes record a concern that if rebuilding took longer than a year the provision might permit continued nonconforming use; commissioners "suggested adding a timeframe requiring the non-conforming use to be reestablished within a certain amount of time after reconstruction was complete" and clarifying that the use would remain regulated as nonconforming once reestablished.

Commissioners also discussed whether a two-foot roof increase should require explicit justification; staff and commissioners agreed the increase should be limited and documented. The item remained a discussion; staff will revise the draft to add clearer timing and justification requirements and return it for additional review.