[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.