Question: When is a tree house a structure that must meet municipal ordinances?

Answer: When it's in Park City.

Park City planning commissioners have ruled that the tree house at 3028 Oak Rim Lane lies within designated setbacks -- areas defined to be free of construction -- and is, therefore, in violation of the Park City Land Management Code.

It must be dismantled.

Kevin Damon said the commotion surrounding the tree house caught him and his three kids off guard.

"We've been discussing a tree house for years," he said. "And this year, we just put it up in June."

It wasn't long before someone complained to the city. In July, Damon received an official notice that the tree house didn't comply with Park City ordinances because it is in a tree on a side-yard setback.

"It's important to note that the Land Management Code is clear: You can't have any structures in the 15-foot setback," said Planning Commissioner Adam Strachan. "This tree house fits the definition of a structure."

Nonetheless, Strachan said the board urged Damon to appeal to the Park City Board of Adjustment for an exception.

"Nobody on the Planning Commission wants to tear down the kids' tree house," Strachan said.

And Damon said he will appeal.

The dust-up shouldn't leave the impression that Park City is the kind of place where tree houses are banned, said Mayor Dana Williams.

"I know of five or six other tree houses in town, and nobody has said a word," the mayor said. "If [Damon] had done it in his backyard, it wouldn't have been an issue. But he flat-out violated the code."

csmart@sltrib.com