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• <br /> 4700 West Branch <br /> February 7,2011 <br /> Page 3 of 4 <br /> Sec. 78-1433. Height restrictions. <br /> No accessory building in an R district shall exceed the height of the principal building, nor shall an accessory building exceed <br /> 30 feet in height. <br /> (Code 1984, § 10.03(9)(B)) <br /> Sec.78-1434.Area restrictions. <br /> In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in <br /> excess of 1,000 square feet will be allowed under the following conditions: <br /> (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized <br /> accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, <br /> except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are <br /> not considered as oversize accessory structures, but are subject to the special setback restrictions of <br /> section 78-1404: <br /> a. Tennis courts. <br /> b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 <br /> square feet. <br /> c. Paddocks or arenas. <br /> (2) Oversized accessory structures are regulated by the following table: <br /> Lot Area(acres) Maximum Individual Maximum Allowed Total <br /> Accessory Structure of All Accessory <br /> Footprint Area (square Structure Footprint <br /> feet) Areas* on a Property <br /> (square feet) <br /> 0--1.99 1,000 2,000 <br /> 2.00--3.00 1,200 2,400 <br /> 3.01--3.50 1,400 2,800 <br /> 3.51--4.00 1,600 3,200 <br /> 4.01--4.50 1,800 3,600 <br /> 4.51--5.00 2,000 4,000 <br /> 5.01--6.00 2,200 4,400 <br /> 6.01--7.00 2,400 4,800 <br /> 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 /> *Excluding nonroofed tennis courts, pools, paddocks, arenas. <br /> (3) Any oversize accessory structure shall be subject to the following conditions: <br /> a. No such accessory structure shall be located within a required yard area (principal structure <br /> setbacks must be met). Further, no such structure shall be nearer the front lot line than the front <br /> line of the principal residence on the property, and no such accessory structure shall be located <br /> less than 30 feet from the side or rear lot line regardless whether less strict principal structure <br /> setbacks apply. <br /> b. The maximum height for such accessory structure shall be 30 feet or the defined height of the <br /> principal residence structure on the property,whichever is less. <br /> c. Such structure shall be allowed only when the property owner agrees and covenants in writing with <br /> the city as follows: <br /> 1. No future subdivision will be approved that places the structure within a lot that has no <br /> principal structure, except that the city in its subdivision approval may grant a finite time <br /> period in which the oversized accessory structure may remain without a principal <br /> structure, in order that a principal structure may be constructed. At the end of this time <br /> period, the oversized accessory structure must be removed if no principal structure has <br /> been constructed. <br /> 2. If the property is subdivided, the oversize accessory structure and principal structure will <br /> be located together within a lot that meets the minimum lot area requirement for the given <br /> size of accessory building. <br /> 3. In subdivision approval, the setback required for the oversize accessory structure shall <br /> remain. <br /> Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. <br /> (Code 1984, § 10.03(9)(C)) <br /> Sec. 78-1435. Location. <br />