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M4.2976 <br />January 13i 2004 <br />Page 2 <br />Pertioeiit Code Sectioos: <br />1. Section 78-303(17): LR-IA Conditional Uses: <br />2. <br />"The provision of a toilet, bathtub or shower In ao accessory building. Approval shall be <br />conditiooed on provision of municipal sanitary sewer or a conforming sewage treatment system <br />designed to handle the anddpated flows from the building plumbing. Approval shall be granted <br />only when the following criteria are met: <br />1. The Council finds that the proposed use of the accessory structure with plumbing will <br />not be detrimental to the residential character of the neighborhood. <br />Tb c Council finds that the plumbing fixtures proposed are In keeping with the intended <br />use of the accessory building. <br />The property is 2J> acres in area or larger. <br />The accessory bnfldlng Is conforming in location, sIm and height. <br />The property owBer agrees to the filing of a covenant In the title of the property <br />pro>1ding that: <br />a. the accessory building will not be used for a heme occupation unless <br />specifleaDr approved by City or if allowed by City code, <br />the accessory building will not be used as a dwelling unless a guest house CUP <br />Is obtained. <br />the accessory building will not be rented, leased or otherwise provided for use <br />as a dwelling under any circumstances." <br />3. <br />4. <br />5. <br />b. <br />2.Section 78-1437(3): Supplementaiy Requirements and Restrictions - Accessory Buildings- <br />Plumbing. <br />"Because the provision of plumbing fixtures and wutewater plumbing in accessory buildings <br />has the potential tb allow sneh buUdIngs to be used at dwelling units, and because it it the policy <br />of the Cit>' to limit residential development density to the allowed densities within the respective <br />zoning districts, plumbing in accessory buUdings shall be regulated at follows: <br />1. The provision of _ctc... <br />Installation of ...etc— <br />Installation of any combination of fixtures requiring wastewater plumbing that includes <br />a toilet, shower or bathtub shall be allowed only In an accessory building that Is <br />conforming in locadon, size and height, which meets one of the following criteria: <br />a. The accessory building has been approved for a 'Guest House* conditional use <br />permit; or <br />b. The accessory building has been approved for a 'Plumbing in Accessory <br />Building* conditional use permit." <br />2. <br />3. <br />3. Section 78-1434: Oversize Accessory Structure Standards <br />Background <br />Because the City will not accept continuation of the Guest House use without 4.0 acres of dry <br />at the Council level established that removal of the kitchen facilitiea from the exi <br />atmeture would be required, but the plumbing would be allowed to remain subject to applicant <br />successfully obtaining a CUP. The lot line rearrangement approval does not take effect until the <br />Plumbing in Accessory Building CUP is obtained. <br />wrTH a/vMBnaa f jThw ^