CITY OF SODAVILLE, OREGON

RESOLUTION NO. 03-02

A RESOLUTION ESTABLISHING PROCEDURE FOR APPROVAL AND ISSUANCE OF BUILDING PERMITS FOR ACCESSORY USES AND ACCESSORY STRUCTURES

WHEREAS, the Sodaville Zoning Ordinance No. 43 defines Accessory Use or Accessory Structure as “A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use”, and

WHEREAS, the most common permitted uses in the City of Sodaville and its Residential-R Zone are either a single-family dwelling or a manufactured home intended as a residence, and

WHEREAS, accessory uses and structures are permitted outright for residential uses in the Residential-R and Commercial-C Zones, and

WHEREAS, the most common accessory structures for residential uses are either garages or storage buildings, and

WHEREAS, on occasion, a person shall apply for a building permit to construct the accessory structure prior to applying for a permit for the primary use on the property, and, in some instances the primary use is either delayed for many years or it is never constructed, and

WHEREAS, if the only use on a lot is an accessory use, by default, the accessory use becomes the primary use of the property and is therefore inconsistent with the Zoning Ordinance and the assurance that the accessory use is incidental and subordinate to the primary use on the property, and

WHEREAS, there are special circumstances, such as the ownership of adjoining or multiple lots by one person, where the location [X] accessory use on a lot where there is no primary use of the property may be acceptable:

NOW, THEREFORE, BE IT HEREBY RESOLVED:

Section 1.

As a standard procedure, the City of Sodaville shall approve and authorize the issuance of a building permit for a use permitted outright in the Residential-R and Commercial-C Zones prior to authorizing the issuance of a permit for an accessory use or structure. The primary use of the property shall be completed before or concurrently with any accessory uses of the property.

Section 2.

There may be special circumstances when an accessory use needs to be constructed on a lot prior to the development of the primary use of the property, or the accessory use may be the only use on a lot. A decision to authorize the accessory use on a lot prior to the construction of a primary use shall be referred to the City Council.

Section 3. Effective Date.

This resolution shall go into effect on May 1, 2003, after adoption by the City council [sic] and signature of the Mayor.

Passed by the Council this 22 day of April, 2003.