02-16-2016 Planning Commission Packet

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FILE#16-3799 . January 13,2016 Page4of8 .Qi-9.00 2,$�0 5,600 .01 or more �— 3,800 � 6,000 * Excluding nonroofed tennis courts, sport courts, poofs, paddocks,arenas. (3) Any o�ersize accessory structure shall be subject to the following conditions: a. No such accessory structure shal! be located within a required yard area (principal structure setbacks must be met). Furti�er, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be tocated less than 30 feet from the side or rear Iot 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 shatl he allowed only when the property owner agrees and covenants in writing with the city as follows: 1. 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 time period in which the oversized accessory structure may remain without a principal structure, in order that a principal strudure may be constructed. At the end of this time period,the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approvat, the setback required for the overstze accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. 78-71(c)(3)b.: Expansion of nonconforming accessory structures. Sec.78-71.-Nonconforming strurtvres and uses. {c�Nonc�orifarming structures. (3) Expansion of nonconformin� strudures. "Expansion af nonconforming structures" incfudes any increase in a dimensian, size. area, volume, or height; any placement of a structure or part thereof where none existed before; any addltion of a site feature such as but not limited to a deck, patio,fence, driveway, parking area, or swimming pool;any improvement that would a11ow the land to be more intensely developed; and any exterior storage, signs, or iightfng. No expansion of nonconforming structures shall be permitted except as specifically listed a�d allowed herein: b. Expansfon of resfdentlal accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: i.That the expansion does not occupy any space within a non-conforming area that was previously not ocxupied either vertically or harizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located.