10-15-2018 Planning Commission Packet

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(JI) R districts: Side Yards adjacent to unimproved rights of way. In any residential district, the setback for side yards adjacent to unimproved rights of way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to SECTION 15. Section 78-1431. -Accessory buildings and structures on through lots shall be amended by adding and deleting text to read as follows: Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78- 444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the City Administrator planning director. Should the City Administrator planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. SECTION 16. Section 78-1432. -Time of construction shall be amended by adding and deleting text to read as follows: Sec. 78-1432. - Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the stating the following: {1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 within the defined timeframe, the applicants shall remove the acces-.,ory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property.