The purpose of this chapter is to ensure that new or modified
uses provide land dedications and improvements on the property abutting
a parkway, major or secondary highway, or street to accommodate motor
vehicles and other permitted vehicles in accordance with the city's
land use policies and standards and the standards specified by the
zoning map.
(Prior code § 9410; Ord. 86 § 3, 1993)
A building or structure shall not be used on any lot or parcel
of land any portion of which abuts upon a parkway, major or secondary
highway, or street, unless the one-half of the highway or street which
is located on the same side of the centerline as such lot or parcel
of land has been dedicated and improved as provided in this chapter.
(Prior code § 9411; Ord. 86 § 3, 1993)
Parkways, major highways, and secondary highways and streets
shall be dedicated to the width from the centerline specified by the
zoning map, and including corner cutoffs required by the city's traffic
engineer, except that dedication in any case shall not be required
to such an extent as to reduce the area or width of any lot or parcel
of land to less than the minimum lot size established by this title.
(Prior code § 9412; Ord. 86 § 3, 1993)
Before a structure subject to the provisions of this chapter
may be used, curbs, gutters, sidewalks and drainage structures, where
required, shall be constructed at the grade and at the location specified
by the director unless there already exists within the present right-of-way,
or on property the owner has agreed to dedicate, curbs, gutters, sidewalks
or drainage structures which are adequate, and the city's traffic
engineer so finds. Curbs, gutters, drainage structures and sidewalks
shall comply with the standards set by the city's traffic engineer.
(Prior code § 9413; Ord. 86 § 3, 1993)
In lieu of dedication, the city's traffic engineer may accept
an agreement 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 city's traffic engineer shall record such agreement in the
office of the county recorder of this county.
(Prior code § 9414; Ord. 86 § 3, 1993)
A.
In
lieu of the required improvements, the city's traffic engineer may
accept from any responsible person a contract to make such improvements.
The improvements shall be completed within the time specified in the
agreement to improve, except that the city's traffic engineer may
grant such additional time as he or she deems necessary if, in the
opinion of the city's traffic engineer, a good and sufficient reason
exists for the delay.
B.
Such
contract shall be accompanied by a deposit with the city of a sum
of money or negotiable bonds or savings and loan certificates or shares
in an amount which, in the opinion of the traffic engineer, equals
the cost thereof. If savings and loan certificated or shares are deposited,
the owners shall assign such certificates or shares to the city.
C.
If
the estimated cost of the improvements equals or exceeds $1,000, in
lieu of such deposit the applicant may file with the city a corporate
surety bond guaranteeing the adequate completion of all of the improvements,
in a sum equal to such estimated cost.
D.
Upon
the failure of the responsible person to complete any improvement
within the time specified in an agreement, the city council may, upon
notice in writing of not less than 10 days served upon the person,
firm or corporation signing such contract, or upon notice in writing
of not less than 20 days served by registered mail addressed to the
last known address of the person, firm or corporation signing such
contract determine that the improvement work or any part thereof is
incomplete, and may cause to be forfeited to the city such portion
of deposits or bonds given for the faithful performance of the work,
or may cash any instrument of credit so deposited in such amount as
may be necessary to complete the improvement work.
(Prior code § 9415; Ord. 86 § 3, 1993)
This chapter does not apply to the use, alteration or enlargement
of an existing building or structure or the erection of one or more
buildings or structures accessory thereto, or both, on the same lot
or parcel of land, if the total value of such alteration, enlargement,
or construction does not exceed one-half of the current market value
of all existing buildings or structures on such lot or parcel of land.
(Prior code § 9416; Ord. 86 § 3, 1993)
The director may waive or modify the requirements of this chapter
if any of the following findings may be made in a positive manner:
A.
Property
adjoining on both sides of the subject property is developed with
lawfully existing buildings or structures which, were they not already
existing, would be subject to the provisions of this chapter, and
the requirement to dedicate, pave or improve would require a greater
width than is the highway or street in front of the existing buildings
or structures on the said adjoining properties;
B.
The
lot or parcel of land adjoins a parkway, major or secondary highway
or street for a distance of 100 feet or more, and only a portion of
the lot or parcel of land is to be used for such building or structure
or occupied by such use;
C.
There
is in existence or under negotiation a contract between the city and
a contractor to install the required improvement;
D.
The
city engineer is unable to furnish grades within 120 days;
E.
The
city engineer has determined that the required construction would
adversely affect drainage or traffic;
F.
The
construction will be isolated from a continuous roadway which may
not be improved for many years; or
G.
There
are in existence partial improvements satisfactory to the city's traffic
engineer, and he or she deems construction of additional improvements
to be unnecessary or constitute an unreasonable hardship.
(Prior code § 9417; Ord. 86 § 3, 1993; Ord.
93 §§ 64, 65, 1993)
