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Board hears public hearing on accessory-structure rules; members ask for clearer definitions, size and permanence distinctions
Summary
The Zoning Board held a public hearing Nov. 13 on draft amendments to accessory-building and accessory-structure rules that would define structures such as play sets and gazebos, cap the number per parcel and exempt very small items from zoning permits.
The Zoning Board of Appeals held a public hearing Nov. 13 on proposed text amendments to Village of Roscoe zoning-ordinance sections addressing accessory buildings and accessory structures. Staff said the revisions aim to define accessory structures, set the number allowed per parcel and streamline permitting for small buildings.
Key proposals and staff explanation - Define "accessory structure" to explicitly include play sets, swing sets, gazebos, above-ground pools and similar outdoor recreational elements. - Limit accessory structures to no more than two per parcel; items 3 feet or taller would be subject to the same setbacks as accessory buildings. - Allow accessory buildings or accessory structures totaling 100 square feet or less to be constructed without a zoning permit, provided they meet a minimum 5-foot setback from property lines and are not placed in front or side yards.
Board discussion and concerns Board members and attendees raised several concerns and suggested changes: whether the 100-square-foot threshold is too low (some suggested retaining the existing 200-square-foot threshold), how to treat temporary or movable items (trampolines, inflatable pools, seasonal items) versus permanent, ground-mounted structures, and whether lot size should influence allowable counts.
Members discussed examples: a family with a gazebo, trampoline and above-ground pool could exceed the proposed two-structure cap on a small lot even though the items may be temporary or movable. Several members suggested distinguishing permanent, affixed structures from portable or seasonal equipment and refining the list of exclusions (mailboxes, birdhouses, raised garden beds, statuary) so small temporary items would not count against the structure cap.
Enforcement and HOA interaction Staff said that the village enforces its code and that homeowners associations (HOAs) can be more restrictive; applicants should check HOA covenants in addition to village rules. Board members noted that many older yards and fences predate newer code and that enforcement tends to focus on new installations and complaints.
Next steps The board directed staff to refine the draft language to (1) clarify the permanence/affixation test for accessory structures, (2) reconsider the square-foot thresholds for zoning-permit exemptions, (3) consider lot-size or scale-based approaches, and (4) better define required setbacks and what is excluded from regulation. Staff said the revisions will be returned to the ZBA for further consideration.
No final vote was taken on the text amendment; the hearing remains open for revision and further board consideration.
