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ZONING REGULATIONS §78-1434
<br /> (2) In the event that any activity described in Sec. 78-1434. Area restrictions.
<br /> item(1)has not been accomplished within In all R districts, no accessory building shall
<br /> the defined timeframe,the applicants shall exceed 1,000 square feet of footprint area; except
<br /> remove the accessory structures at the that accessory structures in excess of 1,000 square
<br /> applicants'expense,or the applicants shall feet will be allowed under the following condi-
<br /> apply for an extension of this agreement. tions:
<br /> (3) If one of the item(1)events occurs and the (1) Not more than one oversized accessory
<br /> applicants fail to perform their removal structure(OAS)shall be permitted on any
<br /> obligations per item (2), the applicants property. An oversized accessory struc-
<br /> hereby agree as follows: ture is defined as an accessory structure
<br /> of footprint area in excess of 1,000 square
<br /> a. The city may enter upon the prop- feet, except that the following nonroofed
<br /> erty and remove the accessory build- accessory structures which exceed 1,000
<br /> ing(s). square feet footprint area are not consid-
<br /> b. The city may assess the costs of ered as oversize accessory structures,but
<br /> removal to the property. are subject to the special setback restric-
<br /> tions of section 78-1404:
<br /> (4) The agreement shall be binding upon cur- a. Tennis courts.
<br /> rent and future owners of the property, b. Pools,when pool basin structure(ex-
<br /> and shall be filed within the chain of title cluding nonencroachment-type pa-
<br /> of the property. tios) is greater than 1,000 square
<br /> (5) Fee owner(s) of the property, if not the feet.
<br /> applicants,consent to the execution of the C. Paddocks or arenas.
<br /> agreement and to its terms, as shown by (2) Oversized accessory structures are regu-
<br /> his/her/their signature(s) upon the docu- lated by the following table:
<br /> ment.
<br /> Maximum
<br /> (6) Applicants shall indemnify and hold harm- Allowed
<br /> Maximum Total of All
<br /> less the city, the city council, and the Individual Accessory
<br /> agents and employees of the city from and Accessory Structure
<br /> against all claims, damages, losses or ex- Structure Footprint
<br /> Footprint Areas*on a
<br /> penses,including attorney fees,which the Lot Area Area Property
<br /> city, city council and agents and employ- (acres) (square feet) (square feet)
<br /> ees of the city may suffer or for which it 0-1.99 1,000 2,000
<br /> may be held liable, arising out of or re- 2.00-3.00 1,200 2,400
<br /> sulting from the assertion against them of 3.01-3.50 1,400 2,800
<br /> any claims, debts or obligations in conse- 3.51-4.00 1,600 3,200
<br /> quence of the performance of the terms of 4.01-4.50 1,800 3,600
<br /> 4.51-5.00 2,000 4,000
<br /> this agreement. 5.01-6.00 2,200 4,400
<br /> (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, 6.01-7.00 2,400 4,800
<br /> § 1, 5-24-2004) 7.01-8.00 2,600 5,200
<br /> 8.01-9.00 2,800 5,600
<br /> 9.01 or more 3,000 6.000
<br /> Sec. 78-1433. Height restrictions. * Excluding nonroofed tennis courts,pools,
<br /> No accessory building in an R district shall paddocks, arenas.
<br /> exceed the height of the principal building, nor (3) Any oversize accessory structure shall be
<br /> shall an accessory building exceed 30 feet in subject to the following conditions:
<br /> height. a. No such accessory structure shall be
<br /> (Code 1984, § 10.03(9)(B)) located within a required yard area
<br /> Supp.No. 2 CD78:217
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