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DIVISIO N 3. ACCESSORY BUILDINGS Sec. 78-1431. Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. (Code 1984, § 10.03(10); Ord. No. 15 3rd series, § 1, 6-28-2004) Sec. 78-1432. Time of construction. No accessory building or structure shall be constructed on any lot prior to 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 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (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) events 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 title of 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 the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney 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 of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004)