Commission recommends sequencing rule for accessory dwelling permits

Jan 13, 2026

The commission recommended the City Council adopt a change to Section 16.13.060 clarifying that building permits for living space in accessory structures cannot be issued until the primary dwelling receives a certificate of occupancy, addressing enforcement challenges when accessory structures are built first.

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The Midway City Planning Commission on Jan. 13 recommended the City Council approve a code clarification to Midway Municipal Code Section 16.13.060 that would prevent issuance of a building permit for living space in an accessory structure until the primary dwelling on the property has been completed and issued a certificate of occupancy.

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