Planning commission clarifies accessory‑building rules after resident question

A resident seeking to combine two lots and build a large shop pressed the Mona Planning and Zoning Commission on April 1 for clarity about what structures are allowed and where.

Daniel T. Hardy told the commission he had combined two adjacent lots and drawn a plan for “a shop,” and asked whether his design would be permitted on the odd‑shaped parcel. “So, where I have that drawn is where I like to build that shop,” Hardy said. He said he wanted it “as big and as fancy as possible” but did not want to create a situation that would later prevent building a house on an adjoining parcel.

The commission responded with specific code guidance. The chair said the local code requires a dwelling on a parcel for certain accessory structures and noted the distinction in setbacks: “our code says that you have to have a dwelling on it, or you can go ask for a variance from the city,” the chair stated. Commissioners and staff explained that a building used strictly as a shop can meet 5‑foot side setbacks for accessory structures, but the moment a structure contains a bedroom or other dwelling features it must meet larger setbacks (about 30 feet from some property lines) and be treated as a residence under the zoning code.

Staff also explained two commonly asked procedural points. First, an existing outbuilding can be ‘‘grandfathered’’ if it predated the lot division; that status may be lost if a new permit substantially alters the structure. Second, the commission described the variance route: applicants may file a variance form, pay a fee (transcript cites $100), explain the request, and, if approved, must sign restrictions indicating the structure may not be used as a dwelling. The commission noted the town allows temporary trailer living for up to six months during construction but reiterated that permanent occupancy triggers the larger setback and dwelling rules.

Why it matters: accessory‑building rules determine what homeowners may construct without a formal variance and when a property must be treated as residential for zoning purposes. The clarification gives property owners a clear path: either build a house first, or seek a variance and accept restrictions that prevent living in the accessory structure.

The commission encouraged the resident to submit plans and, if necessary, a variance application and to consult staff for help filling out paperwork and identifying which setbacks and records apply.