Small shed in backyard, now Berkeley wants to call it habitable
We built a shed with a deck off one corner in our yard last year under the requirements for appropriate shed size (under 120 Sq foot). We did not get it permitted because the code in Berkeley says if it is under that size and under 12 foot average height, you do not need to permit it. The shed was then painted with some windows and a large door. Now the city of Berkeley says we can't have a shed be "nonhabitable" if it has windows and a deck. They are considering it "habitable" because of this and want a building permit. There is nothing in the code that says this (if it has a deck or windows it is considered habitable) ANYWHERE. literally nothing. the shed is exactly that, something where our crap is stored, no one sleeps or stays in there, we do not rent it out, we do not spend time in it. But the city wants it permitted as a "habitable" structure because it looks nice and because there is a deck with windows. It is bogus. When we built it we asked all our adjacent neighbors if they were ok with it and everyone said yes.
The shed will not stand up to building code, it is not built to live in! It would have to be completely remodeled for tens of thousands of dollars if we wanted to do that. Has anyone else dealt with this? We are at a loss.