Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Accessory Structures topic
No spam. Unsubscribe anytime.
Commission bars variances for prohibited accessory structures in zoning code update
Summary
Staff proposed and commissioners approved language clarifying that the board of zoning appeals may not grant variances to permit accessory structures that the code explicitly prohibits (staff cited a recent sports-court application and the state enabling statute as the basis).
The Planning Commission reviewed an amendment to section 12-1-104 clarifying that the Board of Zoning Appeals cannot grant variances to allow accessory structures that are expressly prohibited in the code.
Staff said the change follows a recent appeal involving sports courts and is intended to close a loophole by explicitly precluding variances for accessory uses that the ordinance disallows. Staff cited the state statute governing zoning appeals (6-29-800) as providing the municipal authority to define and limit variance relief.
Commissioners voiced support for the clarification and recognized the change as a narrow procedural adjustment to reduce ambiguity in appeals. No public testimony was recorded on the item; the motion to approve the amendment was carried following discussion and editing.
