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Editor's note—Ord.No. 94 3rd series, § 6, adopted Sept. 24, 2012, repealed the former § 78- <br /> 1288, and enacted a new § 78-1288 as set out herein. The former section pertained to similar <br /> subject matter and derived from Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord. No. <br /> 59 3rd series, § 3, 5-11-2009. <br /> Sec. 78-1432. -Time of construction. <br /> No accessory building or structure shall be constructed on any lot prior to the time of construction of <br /> the principal building to which it is accessory. At the time of demolition of the principal building, all <br /> nonconforming accessory structures must be removed. Accessory structures, which comply with this title, <br /> are allowed to remain contingent on a signed agreement stating the following: <br /> (1) Applicants agree to obtain a building permit for construction of the replacement residence within <br /> 60 days of demolition; to begin construction on the new residence within 120 days of demolition; <br /> and to complete all exterior work within one year of building permit issuance and interior work <br /> within two years of building permit issuance. <br /> (2) In the event that any activity described in item (1) has not been accomplished within the defined <br /> timeframe, the applicants shall remove the accessory structures at the applicants' expense, or <br /> the applicants shall apply for an extension of this agreement. <br /> (3) If one of the item(1)events occurs and the applicants fail to perform their removal obligations per <br /> item (2), the applicants hereby agree as follows: <br /> a. The city may enter upon the property and remove the accessory building(s). <br /> b. The city may assess the costs of removal to the property. <br /> (4) The agreement shall be binding upon current and future owners of the property, and shall be filed <br /> within the chain of title of the property. <br /> (5) Fee owner(s)of the property, if not the applicants, consent to the execution of the agreement and <br /> to its terms, as shown by his/her/their signature(s)upon the document. <br /> (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and <br /> employees of the city from and against all claims, damages, losses or expenses, including <br /> attorney fees, which the city, city council and agents and employees of the city may suffer or for <br /> which it may be held liable, arising out of or resulting from the assertion against them of any <br /> claims, debts or obligations in consequence of the performance of the terms of this agreement. <br /> (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004) <br /> Sec. 78-1433. - Height restrictions. <br /> No accessory building or structure in an R district shall exceed the height of the principal building, nor <br /> shall an accessory building or structure exceed 30 feet in height. <br /> (Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, 6-10-2013) <br /> Sec. 78-1434. -Area restrictions. <br /> In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that <br /> accessory structures in excess of 1,000 square feet will be allowed under the following conditions: <br /> (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An <br /> oversized accessory structure is defined as an accessory structure of footprint area in excess of <br /> 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 <br /> square feet footprint area are not considered as oversize accessory structures, but are subject to <br /> the special setback restrictions of section 78-1404. <br /> Page 10 <br />