Hanksville council clarifies permit exemptions, seeks quicker notice of planning approvals

HANKSVILLE — Members of the Hanksville Town Council reviewed proposed changes to the town's building code on Tuesday that would explicitly exempt small, nonbearing structures from requiring building permits and would formalize a faster notification for council members when planning and zoning approves permits.

Council members discussed a draft provision stating that a building permit is not required for storage sheds and similar structures of 200 square feet or less. A council member reading from the draft said, "A building permit is not required for a storage shed, 200 square feet." The same speaker read draft language that, as written, would require permits for work that "enlarge[s] the capacity or affect the bearing walls of any building or the roof thereof."

The discussion stressed differences between Hanksville's draft and the county's rules. A staff member quoted a county rule saying "no construction alteration ... shall be commenced until the approval of a land use application and building permit," noting the county places no size exemption in that language. Council members said the town's proposed 200-square-foot threshold was intended to exempt small porches, carports, and storage sheds that do not affect load-bearing walls or occupancy.

Council members asked staff to clarify several specific cases: attached porches with roofs, awnings and carports, mezzanines not connected to a primary residence, and flatwork such as sidewalks and driveways. One council member summarized the town reading: if a roof addition affects the existing roof or bearing structure it requires a permit; if it does not, it may not.

Council members discussed operational changes to how planning and zoning's approvals are routed to the council. Under the draft, applications and plans are referred to the building inspector, who examines compliance and returns approved plans with a permit. Several council members asked that, after planning and zoning approves a permit, the town be notified by email within two days so councilors can review and, if necessary, place the item on the next council agenda for revocation or further action.

Town staff said the current draft gives planning and zoning authority to approve building permits after inspector review, and that council notification would not prevent inspectors from issuing permits; instead it would create a short window for council review. A member noted that the council retains the authority to rescind or challenge approvals through standard appeal processes if a permit appears to violate zoning or setbacks.

Council members also discussed enforcement and practical limits: setbacks, height limits tied to fire response ("That's international fire building code," one member said), and how county rules will continue to govern areas outside the town limits. Multiple speakers urged clearer, itemized ordinance language and better organization of the code so staff and residents can find applicable rules.

The council did not take a formal vote on these draft changes during the meeting. Staff said they would update the draft to clarify the 200-square-foot exemption, add explicit examples (porches, carports, sheds, awnings, flatwork), and implement the two-day notification to council after planning and zoning approvals.