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Commission backs clearer rule to stop living space in accessory buildings until main house is finished
Summary
Planning commissioners recommended a text amendment to section 16.13.0.06 that would prevent issuance of permits for living space in accessory structures until the main dwelling has a certificate of occupancy, to close a code ambiguity that has led to enforcement issues.
The Midway Planning Commission voted to recommend a clarifying amendment to Midway Municipal Code section 16.13.0.06 intended to prevent accessory buildings from being finished as living quarters before the main dwelling is completed.
Michael (city planner) discussed recurring confusion in the current code and said enforcement problems arose when applicants pulled permits for both a primary dwelling and an accessory structure but then built and occupied only the accessory building using the lesser accessory setbacks. He read the proposed new language aloud: “No building permit shall be issued for construction of living space (areas which could be used for living, sleeping, eating and/or cooking) in any accessory structure until after completion of construction and issuance of a certificate of occupancy for the main dwelling.”
Commissioners debated enforcement practicality and exceptions. Staff and commissioners agreed the amendment aims to stop situations in which an accessory building is constructed with living features and then occupied while the main dwelling is delayed or never built. The commission noted exceptions for true agricultural or storage barns and emphasized that a structure built and intended to serve as a primary dwelling must meet the dwelling setbacks and standards.
The commission approved a motion to forward the amendment and findings to city council. Staff will incorporate the commission’s clarifications into the ordinance draft and transmit the recommendation for council consideration.
What’s next: staff will draft ordinance language reflecting the commission’s clarifying edits and forward the package and findings to city council for public hearing and final action.
