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<br /> 4700 West Branch
<br /> February 7,2011
<br /> Page 2 of 4
<br /> Sec. 86-66. Required.
<br /> It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish
<br /> any building or structure, or any part or portion, including but not limited to the general construction, plumbing, water well, on-
<br /> site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such
<br /> work to be done, without first obtaining a separate building or general permit for each such building, structure or separate
<br /> component from the city.
<br /> (Code 1984, § 12.02)
<br /> Sec. 78-420.Area, height, lot width and yard requirements.
<br /> (a) Height. No structure or building in the RR-1B district shall exceed 2 1/2 stories and shall not exceed 30 feet
<br /> in height except as provided in section 78-1366.
<br /> (b) Lots. The following minimum requirements shall be observed:
<br /> Lot Area (acres) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent Rear Yard (feet)
<br /> to Street(feet)
<br /> 2 200 50 30 50 50
<br /> (Code 1984, § 10.28(5); Ord. No. 18 3rd series, §3,9-27-2004)
<br /> DIVISION 3.
<br /> ACCESSORY BUILDINGS
<br /> Sec. 78-1431.Accessory buildings and structures on through lots.
<br /> All accessory buildings and structures on through lots located in R districts shall meet the following requirements:
<br /> (1) The building or structure shall meet the principal building setbacks that are established under sections 78-
<br /> 230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444.
<br /> (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or
<br /> structure, determined at the discretion of the planning director.
<br /> Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted
<br /> by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or
<br /> structure.The planning commission may apply reasonable conditions as part of the approval.
<br /> (Code 1984,§ 10.03(10); Ord. No. 15 3rd series, § 1,6-28-2004)
<br /> Sec. 78-1432.Time of construction.
<br /> No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to
<br /> which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be
<br /> removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating
<br /> the following:
<br /> (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of
<br /> demolition; to begin construction on the new residence within 120 days of demolition; and to complete all
<br /> exterior work within one year of building permit issuance and interior work within two years of building permit
<br /> issuance.
<br /> (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe,
<br /> the applicants shall remove the accessory structures at the applicants'expense, or the applicants shall apply
<br /> for an extension of this agreement.
<br /> (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2),
<br /> the applicants hereby agree as follows:
<br /> a. The city may enter upon the property and remove the accessory building(s).
<br /> b. The city may assess the costs of removal to the property.
<br /> (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the
<br /> chain of title of the property.
<br /> (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its
<br /> terms, as shown by his/her/their signature(s) upon the document.
<br /> (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the
<br /> city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city
<br /> council and agents and employees of the city may suffer or for which it may be held liable, arising out of or
<br /> resulting from the assertion against them of any claims, debts or obligations in consequence of the
<br /> performance of the terms of this agreement.
<br /> (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004)
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