Commissioners split on how old a building must be to qualify for preservation bonus

At the Nov. 12 work session, commissioners spent substantial time on the proposed rule governing when an existing structure qualifies for the "existing structure preservation" bonus.

Some commissioners argued for a rolling look‑back window (examples raised: 5, 8 or 10 years before submission) to prevent developers from briefly erecting new construction and immediately claiming an existing‑structure bonus. Others favored tying eligibility to the date of code adoption to avoid gaming. Staff cautioned that enforcement relies on certificate‑of‑occupancy (CO) records that are typically kept only about three to four years, which makes longer lookbacks difficult to verify.

The chair and several commissioners described a two‑step approach: direct staff to prepare a short‑term patch (for the adoption date or a fixed date tied to adoption) while staff investigates enforcement feasibility and returns with options to implement a longer, rolling lookback if practical. No formal vote was taken; commissioners asked staff for recommended language and an enforcement analysis before the items move toward public hearing.