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Roaming Shores council flags conflicting ordinances over accessory-structure size, urges staff cleanup
Summary
Council spent substantial time dissecting conflicting codes that reference 900 sq ft versus 1,200 sq ft accessory-structure limits and whether such projects require BZA hearings; members directed staff to research, consider a cleaned-up ordinance, and offered optional fee-waiver paths while warning about precedent.
Council members spent an extended discussion reviewing a conflict between the village building code and zoning code over accessory structures and whether property owners must seek Board of Zoning Appeals (BZA) approval.
Members noted language in older building codes that references a 900-square-foot threshold for BZA review while a later ordinance appears to permit accessory structures up to 1,200 square feet. The discrepancy has created confusion for homeowners and contractors and led to recent applications being routed to the BZA.
Council members and staff disagreed on who has authority to waive BZA fees administratively. Some members urged staff to recommend fee waivers to the BZA for affected applicants; others cautioned that routinely waiving fees could create precedent and prefer a legislative fix.
"I can't help them understand it because there's two separate codes to look at," one member said, noting the inconsistency. Staff and council agreed the correct path is to research and return a clarified ordinance for council action rather than rely on ad-hoc administrative waivers.
The council did not change ordinance language at the meeting but asked staff to prepare a clean ordinance that resolves the conflict and to consider whether temporary administrative measures (such as recommending fee waivers to the BZA) are appropriate until formal code changes are adopted.
