Elizabeth trustees reject unlimited accessory-building proposal, approve 150% cap

Elizabeth trustees rejected a proposal to remove the size limit for accessory buildings Aug. 11 and approved a narrower alternative preserving a 150% cap tied to the size of a principal dwelling.

Trustees voted 4-3 against Ordinance 26-11, which would have eliminated the proportionality limit for a single accessory building. They then approved Ordinance 26-12 by a 5-2 vote, the recorded meeting shows.

The decision followed an Aug. 4 quasi-judicial public hearing before the Elizabeth Planning Commission. The commission voted 5-1 to recommend denying Ordinance 26-11 and approving Ordinance 26-12. Vice Chair Amy Schmidt cast the lone dissenting vote. The Planning Commission minutes record no public comments. The commission’s action was a recommendation, separate from the trustees’ final votes.

Under Ordinance 26-12, one accessory building may be up to 150% of the dwelling’s footprint, while all accessory buildings combined may cover no more than 25% of a lot. Utility-free structures of 200 square feet or less remain exempt from building-permit requirements but must comply with other town rules, including setbacks and lot-coverage limits, according to the ordinance attachment.

Town staff opposed the unlimited option, saying it could allow disproportionately large garages, shops or pole barns and make commercial activity harder to address in residential districts. Staff supported the 150% limit as a middle ground that would give property owners more flexibility while retaining existing height, setback and lot-coverage requirements.

For example, a 1,600-square-foot home could have one accessory building of up to 2,400 square feet under the approved limit if it met the other requirements. On a typical 9,000-square-foot R-1 lot, the 25% combined-coverage rule would limit accessory buildings to 2,250 square feet in total.

The vote did not change setbacks. In an R-1 district, an accessory building may be 2 feet from an interior side lot line and 10 feet from a rear lot line, compared with 7 feet and 25 feet for a home. Staff raised a possible future amendment for larger accessory buildings, but the meeting record does not show that trustees directed staff to pursue one.

The ordinance will take effect 30 days after publication. The records reviewed do not include a publication date, so the calendar effective date could not be verified. They also do not identify a named applicant, specific property or formally proposed project affected by the change; meeting discussion referred generally to residents seeking larger shops or storage buildings.