Commission bars variances for prohibited accessory structures in zoning code update

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.