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Troy planning commission advances text amendment to allow reconstruction of nonconforming accessory buildings in R1E
Summary
The commission recommended a public hearing on ZOTA 259, a zoning text amendment that would permit certain nonconforming detached accessory buildings (primarily garages) in R1E lots to be reconstructed on the same footprint without increasing nonconformity; ADUs remain not permitted under current city rules.
The City of Troy Planning Commission agreed Feb. 10 to set a public hearing for a proposed zoning text amendment (ZOTA 259) that would ease reconstruction of longstanding, nonconforming detached accessory buildings in R1E residential lots.
Staff explained the amendment would add language (cross‑referencing section 14.04 e in the ordinance) allowing nonconforming detached accessory buildings with an existing side or rear setback of less than six feet to be reconstructed within the same footprint, provided the reconstruction does not increase the degree of nonconformity as determined by the zoning administrator. Staff said the change aims to reduce the number of variance petitions prompted when homeowners rebuild garages in locations that have been legal, long‑standing features of a lot.
Planning staff presented GIS analysis showing a concentrated pattern of nonconforming detached accessory buildings in R1E zones and said the proposed amendment would apply to all R1E parcels for consistency. Staff clarified the primary building type involved is garages; accessory dwelling units (ADUs) are not permitted in the City of Troy and therefore not part of this amendment.
Commissioners discussed unintended consequences and scope (whether to limit the change to specific nonconforming lots or to all R1E parcels). Staff noted applying the amendment to all R1E would capture the majority of affected lots and reduce the volume of variance requests while still allowing case‑by‑case review where necessary.
The commission recommended scheduling the amendment for a public hearing; once the hearing occurs the item would return to the commission and then to the city council as required. Staff said additional technical review (infrastructure and administrative processes) will continue in parallel.
What this would change: If adopted after the public‑hearing and council process, property owners in R1E with qualifying nonconforming detached accessory buildings could rebuild on the same footprint without obtaining a variance, provided the reconstruction does not increase the degree of nonconformity. The amendment as discussed would not permit new nonconforming construction or create a general right to build new accessory structures that do not meet current setback rules.
Next steps: ZOTA 259 will be placed on the public‑hearing docket and returned to the commission with any recommended edits following the hearing.
