Planning commission recommends clearer limits on living space in accessory buildings

The commission considered a separate code amendment clarifying when accessory buildings may contain living space. Staff proposed new language making it a violation to construct living quarters in an accessory building (defined as areas used for living, sleeping, eating or cooking) until the main dwelling has completed construction and obtained a certificate of occupancy.

Michael (city planner) said the current code is confusing: it both prohibits living quarters in accessory buildings and then allows limited living space in some circumstances. The proposed amendment aims to stop applicants from taking advantage of lesser accessory setbacks by building a structure that functions as a primary residence but is permitted under accessory‑building setbacks.

Commissioners raised practical issues: enforcing timelines when applicants pull dual permits but finish only one structure; whether agricultural barns or true accessory agricultural buildings should be exempt; how to handle barndominiums where the owner intends to live in the structure permanently; and whether the accessory building should be required to meet primary‑dwelling setbacks if intended for immediate occupancy. Several commissioners argued for a practical rule: allow accessory buildings to be built before the main dwelling but require that any accessory intended for occupancy meet the primary dwelling setbacks or not be permitted to include living space until the main dwelling receives a CO.

After debate staff and commissioners agreed the amendment would be clarified to make enforcement and intent clear. The commission moved and voted to recommend the amendment to city council with the staff wording and the discussed clarifications.

The recommendation asks the council to adopt the clarified code language or provide alternative direction; staff acknowledged the need to make the wording easy to understand and enforce.