Planning and Zoning Commission approves amendment letting detached garages be rebuilt on original footprints

The Norwalk City Planning and Zoning Commission on June 22 voted unanimously to amend the city’s zoning code to allow detached garages and similar permanent accessory structures to be reconstructed on their original footprints even if those footprints do not meet current setback rules.

The amendment modifies Section 175 A-16 (non-conforming structures and site improvements) to add a new subsection permitting one- and two-family residential detached garages that existed at the time of destruction in R1 or R2 districts to be rebuilt on the same building line, if the replacement meets modern building and fire-code requirements and obtains required permits. Staff told the commission the change is intended to reduce the need for repeated rezoning or variance petitions for older properties built before current standards were in place.

Luke, a city staff member who presented the amendment, told commissioners the ordinance targets practical situations where a garage or accessory structure was demolished or deteriorated and the owner wants to rebuild at the same location. "We're basically just adding a new subsection to our non‑conforming uses and structures chapter," Luke said, explaining the existing rule that bars reconstruction when a structure is destroyed to 60% or more of replacement cost unless it meets listed exceptions. He added that rebuilt structures must meet other modern standards, "primarily our building and fire codes," and that the city will still require plans and permits to confirm life‑safety compliance.

Commissioners asked whether smaller sheds would qualify. Staff explained that the International Building Code threshold of 150 square feet typically separates premanufactured sheds from structures treated as garages or workshops that require full building plans. "Sheds under that tend to be more mobile things," Luke said, noting the practical difficulty of enforcing fire‑rating requirements for small, skid‑mounted sheds. The commission discussed framing the ordinance to apply to "permanent accessory structures" (for example, those with footings or a concrete slab) to avoid repeated case‑by‑case determinations.

During public comment, Mike DeMoss of Bio Contracting Company said he has been working with staff on a client at Hyperion Drive whose garage foundation is failing and who wants to rebuild in place. "They would like to rebuild it," DeMoss said, adding the adjoining yard does not have a conflicting accessory structure and that staff had been consulting on possible firewall or drywall solutions.

Commissioner Thompson moved to approve the amendment with language covering "permanent accessory structures" (intended to capture structures with footings or a slab); Commissioner Force seconded. The roll call vote was unanimous: Thompson, Eaton, Samuelson, Force, Garrison and Steiger voted yes.

The commission directed staff to draft final ordinance language clarifying definitions (for example, how to treat structures with footings or slabs versus mobile sheds) for subsequent city council consideration. The amendment, as discussed, does not remove the need for building permits, code compliance or, where applicable, a variance from the Board of Adjustment. No effective date for the ordinance was specified at the meeting.

The commission closed the public hearing at 6:07 p.m.; staff said they will return with refined language for council review. The meeting adjourned at 6:11 p.m.