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Council adopts setback exception for attached decks and covered patios with openness requirement

Highland City Council · June 2, 2026
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Summary

Council adopted an ordinance allowing attached decks and covered patios to be treated as accessory buildings for setback purposes if they do not extend above the primary floor and meet a 66% openness rule on sides not adjacent to the home; the measure passed 4–1 after planning commission support.

The council adopted changes to the development code that let certain attached decks and covered patios be treated as accessory buildings for setback purposes, with two key limits: the deck or covered patio may not extend above the main-level top of the house, and sides of the structure not adjacent to the house must remain at least two-thirds open.

City staff explained the proposal grew from residents in smaller-lot neighborhoods struggling to fit covered outdoor spaces on their lots under standard setbacks. The planning commission recommended the approach and suggested option two — a 66% openness requirement on sides not against the home — to avoid turning the feature into a full enclosed addition.

Council debate focused on corner lots and rambler homes (where the deck slopes from a main floor to a lower walkout) and whether the openness metric applied only to sides not adjoining the home. Staff and a planning commissioner clarified the intent: walls that are against the home's face do not count against the openness percentage; the 66% metric applies to sides exposed to neighboring property lines. Council amended minor clarifying language suggested by staff and voted to adopt the ordinance. The motion passed on a recorded vote, 4–1 (Council Member Rice opposed).

What changed: adopters will be allowed to build attached covered patios and decks within accessory-building coverage limits when they meet the height and openness rules; unenclosed decks and pergolas remain governed by building-code/permitting rules tied to deck height and area.