Newton planning commission sets accessory-structure height at 80% of primary building

The Newton Planning Commission voted to set the maximum height for accessory structures at 80% of the height of the principal structure, and discussed an exception tied to meeting principal-structure setback requirements.

The decision came during the commission's May 5 meeting after more than an hour of discussion about sidewall height, lot size, and how other Kansas cities regulate accessory buildings. Planning staff member Justin summarized a comparative table of nearby cities and noted technical concerns about measuring a property owner's stated structure height on permit applications.

Setting the limit at 80% aims to balance owners' desire for usable accessory space with commissioners' concerns that accessory buildings should not appear taller than the main house. Commissioner Jay (commissioner) and other members said they preferred not to allow accessory sidewalls to exceed the principal structure’s height for appearance reasons; other commissioners favored a percent-based rule to reduce variance requests.

Commissioners discussed alternatives used elsewhere: several municipalities limit accessory structures to 60% of principal height, while Derby is considering 80%. Commissioners said 60% often yields impractically low sidewalls (for example, a 15-foot-high house would yield only a 9-foot accessory sidewall at 60%). Multiple commissioners said 80% produced a more usable 10–12-foot sidewall in typical single-story situations.

Commissioners also discussed a qualifying exception that would allow an accessory structure to reach the principal-structure height if it met the same setback conditions as the principal structure. Commissioners noted that larger lots (for example, subdivisions with deeper rear yards) can accommodate taller accessory structures without adverse impacts on neighbors. Staff and commissioners agreed that when applicants submit building permits they should indicate the height of the existing residence; staff said the application form does not yet include that field and recommended adding it.

The motion to adopt 80% as the maximum passed on a voice vote. The commission did not record a roll-call tally in the minutes; the meeting record shows supporters voiced “aye” and opponents voiced “no.” Commissioners noted that variance procedures and the city’s established criteria for approving variances would remain available for unusual cases.

Planning staff said the proposed text amendment would proceed to a public hearing stage and then to the City Commission for final approval. Staff also said the amendment could be framed to include the setback caveat (allowing greater height when accessory structures meet principal-structure setbacks), and that the change would be noticed at the next public hearing if the commission's recommendation is forwarded.

Commissioners asked staff to add an explicit height field to the accessory-structure/building-permit application and discussed enforcement practice: inspections generally rely on staking and the applicant's signed permit statements, and property-line disputes become civil matters between neighbors unless a survey is required.

The commission’s action amends zoning-text Article 3 provisions governing accessory structures and will move forward to a public hearing and City Commission consideration.