Bay City planning panel reviews full zoning draft and removes upper-floor deck ban

The Bay City Planning Commission met in a special work session April 29 to conduct a final policy review of a complete draft zoning ordinance and the draft zoning map, and to direct staff on remaining edits before a scheduled public hearing.

Consultant Joe Tangary of Gifford Webster told the commission the draft incorporates comments from the project92s yearlong process and that the session was the last opportunity for substantive policy changes before the hearing phase. Tangary summarized map changes, including consolidation of multiple residential districts and a new residential mixed-density overlay that would allow triplexes, quadplexes and townhomes in designated areas.

Commissioners opened the meeting to public comment by motion. Paul Kleinau of 1713 10th Street urged the panel to enable more compact and mixed-use development, and criticized a multi-unit land-area table that he said fails to account for vertical construction. Mary Larkin of 1831 East Bay Parkway asked that the ordinance protect neighborhood small businesses and consider more mixed-use allowances in R1 areas.

Discussion among commissioners then turned to a highlighted item in the schedule-of-regulations table that read, in its draft, "decks for single-family units shall not be located on an upper floor." Members questioned the policy rationale and practical effect of the prohibition, especially where upper-floor outdoor space is common (for example, on waterfront properties or in older condominiums).

After debate about safety inspections, historic building precedents and architectural definitions (balcony versus deck), a motion was made and seconded to remove the prohibition from Table 122-3.2. The motion passed. Following the vote, commissioners instructed staff and the consultant to reconcile an apparent contradiction between notes that limit detached decks to rear yards and the setback table that refers to detached decks with side-yard setbacks; staff agreed to amend the text and clarify the table so setbacks and yard definitions are consistent.

The commission also reviewed procedural changes in the draft, including a new required zoning permit and a zoning compliance certificate, and discussed thresholds for administrative site-plan approvals. Commissioners asked staff to provide digital map layers (parcel addresses and zoomable versions) and recommended additional public-facing materials so residents can check potential changes to their properties.

Next steps: staff will consolidate the edits discussed by the commission, produce layered map versions for public review, and circulate a final-draft packet in advance of the public hearing. The commission set additional working sessions to resolve the schedule-of-regulations table and to prepare the ordinance for the public hearing.

Outcome: The commission removed the upper-floor deck prohibition from the draft ordinance and directed staff to clarify related setback and definition language before the public hearing.