Albany commission recommends zoning changes to clarify accessory structures and permit more uses

At its Jan. 8 meeting, the Albany City Planning and Zoning Commission recommended that the City Council adopt a set of amendments to the zoning ordinance that update how the city defines and regulates accessory structures.

Planning Manager Leslie Mendez told commissioners that the current code defines accessory buildings but is silent about accessory structures that do not meet that definition (for example, outdoor cooking facilities, play equipment and sports installations). Staff proposed creating a definition for “accessory structure,” expanding the existing accessory‑building rules to apply to accessory structures citywide (with some exceptions), and listing certain accessory uses that are regulated elsewhere in the code (ADUs, fences, wireless facilities, mechanical equipment).

Key elements in staff’s proposal included: - A clarified building definition (four walls and a roof) and a new accessory‑structure definition for items that require placement on the ground but are not enclosed buildings. - Expansion of Section 20.24.130 to apply to accessory structures throughout the city, with listed exemptions for public facilities and other locations where flexibility is needed (parks, schools, emergency response sites). - Removal of the prior blanket restriction that prohibited full bathrooms in accessory structures and explicit allowance for certain temporary accessory structures on vacant lots. - Clarification that accessory‑structure coverage calculations (for example, the “no more than 30% of the required rear yard” rule) apply to the existing rear yard area for nonconforming lots. - Elimination of a variance option that allowed exceeding established standards for “street tree houses,” with staff saying that the variance findings could not be made and there are no building‑code provisions for treehouses.

Commissioners asked staff for examples and for clarification about how the 30% rear‑yard coverage rule would apply on nonconforming lots; staff said the calculation would use the existing rear‑yard area. Commissioners and staff discussed that many accessory structures will not require permits, but that if a structure is placed where the code says it is not allowed, staff could require compliance or removal.

A commissioner characterized the package as a pragmatic code cleanup to provide clearer, consistent rules; the commission voted to recommend the amendments to the City Council.

Ending: Staff will forward the amendments and the commission recommendation to the City Council for consideration and adoption.