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Planning commission backs clearer rules for accessory buildings, forwards code changes to council
Summary
The commission unanimously recommended that County Council adopt amendments tightening definitions and limits on accessory buildings — including a 10% lot-area cap (up to 14,000 sq ft), a 2,000 sq ft threshold for conditional use review, a 5-foot separation requirement, and a prohibition on unmodified shipping containers.
The Centerville Basin Planning Commission voted unanimously Feb. 24 to forward proposed amendments that change how accessory buildings are regulated. Staff said the changes are intended to close loopholes that have allowed large detached garages or storage containers to operate like commercial yards.
Staff member (speaker 2) told commissioners the proposal replaces the existing major/minor accessory building chart with a simpler rule: accessory buildings may occupy up to 10 percent of a lot’s area, with a hard cap at 14,000 square feet, while any accessory footprint larger than 2,000 square feet would require a conditional use permit and review by the commission. “If someone has a minor building and they want to do another minor building, they actually have to do a major building, which is greater than 2,000 square feet,” staff member said, explaining an unintended consequence of the current code.
The amendments also tighten the definition of a detached accessory structure. The draft requires a minimum five-foot separation between accessory buildings and clarifies that enclosed, heated interior connections (interior doors or enclosed hallways) will make an accessory structure attached and part of the principal building. Commissioner questions focused on whether existing development agreements would override the new CUP requirement and whether already-approved accessory buildings would become nonconforming; staff said development agreements would supersede the new rule and existing legally approved structures would remain lawful nonconformities.
The draft also explicitly prohibits plain, unmodified steel shipping containers (Connex boxes) except when used temporarily during active construction with a valid building permit; staff said the prohibition reflects a prior council decision after repeated misuse. After discussion, Commissioner 4 moved to forward a positive recommendation to County Council subject to staff findings; the motion was seconded and passed unanimously.
The commission’s recommendation will be included in the staff report to County Council; council will make the final decision and could modify the language or conditions during its review.
