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. . <br /> ,��' 78-1431 ORONO CITY CODE <br /> (2) No negative impacts to adjacent neigh- b. The city may assess the costs of <br /> bors or public right-of-way result in the removal to the property. <br /> placement of the building or structure, �4) The agreement shall be binding upon cur- <br /> determined at the discretion of thc plan- rent and future owners of the property, <br /> ning director. and shall be filed within the chain of title <br /> Should the planning director determine that of the property. <br /> item (2) above cannot be met an accessory <br /> structure or building may be permitted by �5) Fee owner(s) of the property, if not the <br /> conditional use permit if the planning commis- applicants, consent to the execution of the <br /> sion determines no negative impacts result in agreement and to its terms, as shown by <br /> the placement of the building or structure. The his/her/their signature(s) upon the docu- <br /> planning commission may apply reasonable ment. <br /> conditions as part of the approvaL (6) Applicants shall indemnify and hold harm- <br /> (Code 1984, § 10.03(10); Ord. No. 15 3rd series, less the city, the city council, and the <br /> � 1, 6-28-2004) agents and employees of the city from and <br /> against all claims, damages, losses or ex- <br /> Sec. 78-1432. Time of construction. penses, including attorney fees,which the <br /> No accessory building or structure shall be city, city council and agents and employ- <br /> constructed on any lot prior to the time of con- ees of the city may suffer or for which it <br /> struction of the principal building to which it is may be held liable, arising out of or re- <br /> accessory. At the time of demolition of the princi- sulting from the assertion against them of <br /> pal building, all nonconforming accessory struc- any claims, debts or obligations in conse- <br /> tures must be removed. Accessory structures, quence of the performance of the terms of <br /> which comply with this title, are allowed to re- this agreement. <br /> main contingent on a signed agreement stating �Code 1984, 5 10.03(9)(A); Ord. No. 13 3rd series, <br /> the following: § 1, 5-24-2004) <br /> (1) Applicants agree to obtain a building per- Sec. 78-1433. Height restrictions. <br /> mit for construction of the replacement <br /> residence within 60 days of demolition; to No accessory building in an R district shall <br /> begin construction on the new residence exceed the height of the principal building, nor <br /> within 120 days of demolition; and to shall an accessory building exceed 30 feet in <br /> complete all exterior work within one year height. <br /> of building permit issuance and interior (Code 1984, § 10.03(9)(B)) <br /> work within two years of building permit <br /> issuance. Sec. 78-1434. Area restrictions. <br /> (2) In the event that any activity described in In all R districts, no accessory building shall <br /> item(1)has not been accomplished within exceed 1,000 square feet of footprint area; except <br /> the defined timeframe,the applicants shall that accessory structures in excess of 1,000 square <br /> remove the accessory structures at the feet will be allowed under the following condi- <br /> applicants'expense,or the applicants shall tions: <br /> apply for an extension of this agreeinent. <br /> (1) Not more than one oversized accessory <br /> (3) If one of the item(1)events occurs and the structure(OAS)shall be permitted on any <br /> applicants fail to perform their removal property. An oversized accessory struc- <br /> obligations per item (2), the applicants ture is defined as an accessory structure <br /> hereby agree as follows: of footprint area in excess of 1,000 square <br /> a. The city inay 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 /> Supp. No. 6 CD78:216 <br />