The Midway City Council on Sept. 14 adopted Ordinance 2026-25, amending Section 16.13.270 of the Midway City Municipal Code to establish a tiered limit on visible vehicles associated with home occupations.
Community Development Director Michael Henke presented the proposal, which initially set limits based on lot size: less than 0.5 acre — up to three visible vehicles or trailers; 0.5 to 1 acre — up to four; more than 1 acre — up to five. Council Member J.C. Simonsen moved to adopt the ordinance with increased limits, proposing 0.5 to 1 acre: up to five visible vehicles plus garage contents, and more than 1 acre: up to eight visible vehicles plus garage contents. Lisa Orme seconded the motion.
The motion passed with three council members voting Aye and two voting Nay; Council Member Garland and Council Member Payne voted against the measure. Council Member Garland indicated that he voted against the motion "because the number of allowed vehicles was too high." Michael Henke clarified that the ordinance would not count golf carts, ATVs and similar machines as vehicles and that both registered and unregistered visible vehicles would be counted under the adopted language. He also stated that existing home-occupation uses would not be grandfathered and would need to comply with the new rules.
The ordinance aims to preserve the residential character of neighborhoods while allowing residents to operate businesses from home. Council discussion focused on balancing property rights and enforcement practicality, including whether unregistered or non-operational vehicles should count and how screening or lot layout should affect enforcement. The City will track complaints monthly and Mr. Henke said he would provide complaint data to the council, noting that most current complaints concern nightly rentals.
The ordinance modifies the municipal code language and was recommended for adoption by the Midway City Planning Commission. The council did not specify an effective date in the meeting minutes; adoption was approved at the Sept. 14 session.