10-20-2008 Planning Commission Packet

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l�'G �xh�b��,� DIVISION 3. ACCESSORY BUILDINGS � Sec. 78-143'I. Accessory buildings and structures on through lots. , All accessory buildings and structures on through lots located in R districts shall meet the following rsquirements: � (1) l'he building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-35�,�78-370, 78-395, 78-420, 78-444. (2) No negative irnpacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the pianning director. Should the planning director determine that item (2) above cannot ba met an accessory , structure or building may be permitted by condi�ional use permit if the planning comrnission � determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of tha approval. (Code 9984,.§ 10.03(10); Ord. No. 15 3rc!series, § 1, 6-28-20Q4) Sec. 78-1432. Time of construction. . No accessory building or structure sha(l be constructed on any lot prior fa the time of � . construction of the principal building to which it is accessory. At the time of demolition of the . principal building, all nonconforming accessory structures must be removed. Accessory . structures, which comply with this title, are allowed to remain contingent on a signed agreement � stating the following: . � (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within '[20 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of builc{ing permit issuance. � (2) In the e�ent that any activity described in itern (1} has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' , , expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) e�ents occurs and the applicants fail to perform their removal obligations per item (2}, the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of titfe af the property. (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless fhe city, the city council, and the agents and employees of the city from and against all cfaims, damages, Iosses or expenses, including attomey fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out ofi or resulting from the assertion against them of any clairns, debts or obligafions in cansequence of the pertormance of the terms of this agreement. (Code 1984, § 10.03(9)(A); Ord. No. 93 3rd series, § 1, 5-24-2004) �' ' Sec. 78-1433. Heigh#restrictions. No accessory building in an R district shal! exceed the height of the princlpal building, nor shall an accessory buifding exceed 30 feet in height. (Code 1984, § 10.03(9)(B)) Sec. 78-1434, Area restrictions, .