Commission schedules March hearing on zoning change for covered and raised decks

The Brandon Planning Commission spent substantial time Feb. 5 reviewing a proposed amendment to the zoning ordinance that would clarify how covered, enclosed and raised decks and patios are treated in setback and fire‑separation rules.

Patrick, the planner presenting the proposal, said the revision aims to remove ambiguity in section E of the draft ordinance. Commissioners focused on whether covered or enclosed decks — even those less than 12 inches above grade — should be treated as part of the principal structure and therefore subject to the same setbacks. The current draft included separate clauses for decks below and above 12 inches; several commissioners said that coverage (a roof) already makes a structure part of the building for setback purposes and recommended simplifying the text.

Commissioner Rob said the building code’s requirement for firewall assemblies effectively addresses safety concerns for covered structures. Commissioner Noam and others suggested removing the clause that limited the rule to decks “greater than or equal to 12 inches above grade” and instead stating that covered or enclosed decks and patios be built to the same standards as the principal structure.

Staff noted the usual separation of roles between zoning text and building code and agreed not to embed detailed building‑code language in the zoning ordinance while ensuring the ordinance is clear. Patrick said staff will clarify the draft, seek a short statement from the building official (Neil King) if needed, and return the revised text to the commission. The amendment is tentatively scheduled for a public hearing on March 5; the planning packet will include the revised draft for the commission’s March 19 meeting.

Next steps: staff will revise the ordinance language to address covered patios under 12 inches, coordinate with the building official for technical clarification, and publish hearing notices.