01-19-2016 Planning Commission Packet

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. FILE#16-3799 , January 13,2016 Page 4 of 8 .oi—s.oa 2,soo s,6oa �J.01 or more 3,000 6,000 * Excluding nonroofed tennis courts,sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the foilowing conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line �f the principal residence on the property, and no such accessory structure shall be located fess than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property,whichever is less. c. Such structure shall be allowed only when the property owner agrees and covenants in writing w3th the city as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite tirne period in which the oversized accessory structure may remain wkhout a principal structure, in order that a principal structure may be constructed. At the end c>f this time period,the o�ersized accessory structure must be removed if no principal structure has been canstructed. 2. If the property is subdivided, the oversize accessory structure and principal structure wiH be located together within a tot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory strutture shall remain. Such covenar�t shaif be binding on current and future property owners and shaif be filed in the chain of title of the property. 78-71(c)(3)b.: Expansion of nonconforming accessory strudures. Sec. 78-71.-Ncnconforming structures and uses. {c�Nonconfvrmfng structures. (3J Expanslon of nonconforming structures. "Expansion of nonconforming structures" includes any increase in a dimension, sPze, area, voiume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as but not Itmited to a deck, patio,fence,driveway, parking area, or swimming pool;any improvement that would allow the land to be more intensely developed; and any exterior storage, signs, or lighting. No expansion of noncanfarming structures shall be permitted except as specifically listed and allowed herein: b. Expansion of residentiat accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1.That the expansion does not occupy any space within a non-conforming area that was previousiy not occupied either�erticaily or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located.