Council approves accessory-building rules limiting most yards to two approved buildings

The Common Council on Sept. 2 adopted Ordinance 25-01105, which creates clearer rules for accessory buildings in residential zones and defines which structures count toward a two-building limit.

City staff said the zoning code previously lacked consistent definitions for accessory structures such as detached garages, carports, utility sheds, gazebos and greenhouses. The adopted amendment specifies that detached garages, carports, utility sheds (over 50 square feet), gazebos and greenhouses count toward the two-building limit on residential properties. Patios, pergolas and trellises are explicitly not counted.

Under the ordinance, requests for more than two accessory buildings on a residential lot may be reviewed and approved by the plan commission. The plan-commission review will consider the proposed number and size of buildings, the lot size and the impact on neighboring properties.

The council debated property-rights concerns. Alderman Jennifer Altman Cloth said she remained philosophically opposed to additional regulation: “If I wanna go and put 3 greenhouses in my backyard, I don't want the city to tell me whether or not I can do it or not,” she said. Others defended the change as appropriate zoning to protect neighboring property values and to provide predictable review standards.

At roll call the ordinance passed 6–2, with Altman Cloth and Alderman Youngworth voting no. The new rules are intended to give residents clearer guidance about when a plan commission review is required and to standardize permit handling for accessory buildings.

Action: The council adopted Ordinance 25-01105 (second reading) to create 17.1103 (Accessory building permits), amend 17.9036 definitions, and amend 17.1102(d); roll call 6–2 in favor.