Ben Jones, Student Representative

What this does:

This act allows for the creation of housing units in existing buildings, particularly those that are zoned commercial or mixed use. This allows for more housing, in desperate need across the state, in areas where there is limited use of commercial space and unused buildings that could be a source of blight. 

Who Puts the Act’s Requirements Into Their Regulations? 

Major Point:

Code cities, or cities that can perform any functions not specifically denied to them by the state, must put the requirements of this act’s second section into their regulations.

Details:

These requirements must be put in by 6 months after a city’s next comprehensive plan update. If this doesn’t happen in a code city, the regulations in the next paragraph take effect there. If the building can’t satisfy life safety standards, this code doesn’t require the approval of a permit for that building.

Cities can’t pass regulations that:

● Restrict housing unit density to less than 50% more than what is allowed in a building’s zone. This is as long as the units are completely within the existing building envelope, in a zone that allows multifamily housing, and with a design that meets basic standards such as fire and safety standards.

● Set parking requirements to add dwelling units in an existing building. However, this can be done to retain parking spaces for existing residential parking regulations at the local level, and for remaining nonresidential uses.

● Impose additional restrictions on converting an existing building to residential use beyond what the building’s zone requires (except for emergency and transitional housing uses).

● Set design standard requirements beyond what are applicable to what the building zone requires.

● Impose exterior design requirements beyond what’s required for health and safety as well as what’s required to maintain character defining streetscapes and any landmark or historical preservation standards.

● Require parts of the existing building that won’t be converted to comply with the current energy code.

● Deny a permit to convert due to nonconformity in:

○ Modulation

Unless a code official with decision making power finds that this non conformity is a significant detriment to the surrounding area or a transportation concurrency study or environmental study is required.

These overrule any conflicting regulations.

An existing building is one that has had a certificate of occupancy for three years before the permit application for housing units.

Exemptions and Waivers

Main Point:

The state building code council will adopt an amendment waiving the requirements for parts of the building that aren’t converted to meet the current energy code solely because of the conversion of part of the building into residential units. However, the part that is being converted must meet current energy code.

Main Point:

The first main point of this article is exempt from the state environmental policy.

Who this applies to:

The state building code council, code cities and their governments.