[Ord. 672]
No building or structure shall be erected or relocated, or expanded
or altered in an amount exceeding 25% of the reason-able replacement
value of the existing structures or improvements on said premises,
and no building permit shall be issued therefor, on any lot unless
1/2 of the street abutting thereon has been offered for public use
and improved for the full width of said lot in accordance with City
standards or such dedication and improvements has been assured to
the satisfaction of the City Engineer, subject to the following limitations:
(a)
The maximum area of land required to be so dedicated shall not exceed
25% of the area of any such lot and in no event shall such dedication
reduce the lot below the required minimum lot sizes, widths and areas
specified by this chapter, unless a variance for lots of lesser area,
size or width has been granted as provided in this chapter.
(b)
No such dedication may be required with respect to the portion of
a lot occupied by a main building.
(c)
No additional improvement shall be required on any lot where all
of the following exist within the present dedication contiguous thereto
and on adjoining properties on the same side of the block: complete
roadway, curb, gutter, and sidewalk improvements.
[Ord. 672]
The provisions of this article shall not apply to lots or parcels
abutting a private street or road right-of-way established by recorded
document or easement, with the exception that the Review Board may,
in lieu of requiring a dedication, require an offer of dedication
which shall be recorded and shall not become a part of the City street
system until thereafter accepted into the City street system by resolution.
The City Council may waive the dedication requirements of this section
where it is found and determined that there is little likelihood that
the remaining private right-of-way adjacent to other lots or parcels
in the area will be acquired for the public use and that the acquisition
of said right-of-way in connection with the proposed improvement to
any given parcel would be of no public benefit.
[Ord. 672]
Said street right-of-way shall be dedicated to and in accordance
with the widths, as the same exists on the date of application for
building permit. No dedication shall be required under this section
unless the portion of said street to be dedicated is shown on said
Master Plan of Streets and Highways or the width thereof is specified
in said Master Plan of Streets and Highways.
[Ord. 672]
Before a building or structure, subject to the provisions of
this article, may be occupied or utilized, curbs, gutters, sidewalks,
drainage structure and street paveout shall be constructed at the
grade and location specified by the City Engineer unless there already
exists within the present right-of-way, or on the property the owner
has agreed to dedicate, curbs, gutters, sidewalks, or drainage structures
and street paveout which are adequate and the City Engineer so finds
and determines. Curb, gutter, sidewalk, drainage structures and street
paveout shall be in accordance with the City standards.
[Ord. 672]
The Planning Commission may, upon a determination of hardship
by reason of unusual circumstances, other than individual financial
hardship, applicable to the owner of any parcel of property subject
to the provisions of this article, waive any and all of the provisions
of this article.
[Ord. 672]
Any person required to dedicate land or make improvements under
the provisions of this article may appeal any determination or decision
made thereunder to the City Council. Such appeal shall be in writing,
and shall be accompanied by any appeal fee established or set by the
City Council. The appeal shall state in clear and concise language
the grounds thereof. The City Council may make such modifications
in the requirements of this article or may grant such waivers or modifications
of the determinations required or made hereunder as it shall determine
is required to prevent an unreasonable hardship under the facts of
any case and as long as each such modification or waiver is in conformity
with the general spirit and intent of this article.
[Ord. 672]
In addition to the provisions of this article, the officer,
Commission or Council granting any change of zone, conditional use
permit, or variance may as a condition of the same require the dedication
and/or improvement of streets rights-of-way whether or not designated
on any general or specific plan of the City where the granting of
such zone change, variance, or conditional use permit would otherwise
be detrimental to the public peace, health and safety by reason of
increased traffic congestion occasioned by the improvement of such
property under such a proposed zone change, variance or conditional
use permit.
[Ord. 672]
In lieu of dedication, where required by this article, owner
may, subject to the discretion of the officer, board, or agency authorized
to accept said dedication, enter into an agreement with the City to
dedicate, signed by all persons having any right, title, interest
or lien in the property, or any portion thereof, to be dedicated.
The signatures on such agreement shall be acknowledged and the agreement
shall be prepared for recordation.
In lieu of any required improvement under this article, the
officer, board or agency authorized or required to accept the same,
may in its discretion enter into an agreement with the owner, secured
by cash or surety bond to the approval of the City Attorney, guaranteeing
the installation of said improvement.
[Ord. 672]
In any case where dedication or improvement is required pursuant
to any provision of this article and such dedication or improvement
is not made or in any motion, resolution or order or ordinance made
by any board, Commission or the Council, any authority to construct
any building or structure, use or occupy any land or building, or
to receive or have a conditional use permit, variance or zone change
granted or approved on the condition of such dedication or improvement
shall terminate automatically unless the time to dedicate or improve
is extended by the City Council, or improvement or dedication, as
the case may be, is accomplished as follows:
In any case where dedication or improvement as required by this
article is not made or installed within the time specified in an agreement
made and entered into pursuant hereto, the City Engineer may forfeit
any bond or security given therefor and cause said work to be performed
remitting to the owner or person entitled, any balance remaining after
deducting the cost of said work plus all engineering and overhead
expenses. In the event the cost of said work, plus engineering and
overhead expenses, should exceed the amount of security supplied by
the owner, the owner shall pay the difference upon demand. In the
event of automatic termination hereunder the owner and surety shall
be advised in writing of such termination and all rights and privileges
granted to the owner by reason of any such permit, motion, resolution
or ordinance shall terminate.
[Ord. 672]
Notwithstanding any provision of this article to the contrary,
the City Council may contribute toward the cost of acquisition or
making any improvement required under the provisions of this article
where it determines that the application of this article to any individual
will amount in a cost or detriment to that individual greatly in excess
of the cost or detriment to other property owners who are required
to make improvements under the provision of this article in the immediate
vicinity of the said improvement.
[Ord. 672]
Any person deeming himself aggrieved may apply for a variance from any provision of this article pursuant to Chapter 9-8, Article 4 (Variances and Conditional Use Permits) whether he has applied for a modification or not. The provisions of § 9-7.506 (Appeal) shall constitute additional ground for the approval of a variance from any provision of this article.
