A.
Whenever a building permit application is made for construction of a new residential or commercial structure within the city, the person seeking such permit shall also make application for a permit as provided for under this chapter, and as a portion of such construction there shall be built street improvements on all sides of such property that may adjoin property dedicated as a public street right-of-way, in conformance herewith, and such street improvements shall extend the full distance that such property is sought to be occupied as a building site for residential or commercial construction, or as parking area for commercial construction, that may adjoin property dedicated as a public street right-of-way. "Street improvements" shall include all elements needed to complete the street in conformance with city standards, including but not limited to grading of land, subgrade preparation, crushed rock base, asphalt paving, curbs, gutters, sidewalks, storm drainage, and street light improvements.
B.
If there are no existing street improvements, or if the paved width of the adjacent public street does not conform to city standards in accordance with the planned roadway width, as determined by the public works director and the city's street functional classification system as established in Chapter 12.02 RMC, the application for right-of-way construction shall include such street improvements required by the public works director to achieve conformance with current city standards.
C.
The street improvement requirements of this section may be waived by the public works director when application is made for the construction of a new residential or commercial structure on a previously improved street, which previously improved street does not include sidewalks or curbs and gutters. A waiver may be granted only if all of the following conditions exist:
1.
The property is in a residential zone, or is a residential nonconforming use to another zoning classification.
2.
The existing street is not included as a classified arterial or collector street in the city's street functional classification system as established in Chapter 12.02 RMC.
3.
The existing street does not have concrete curbs along the property frontage for the property applying for the building permit.
4.
The existing street does not have concrete curbs within 300 feet of the nearest property corner to the property applying for a building permit.
5.
Less than 33 percent of the properties on the same block and side as the property applying for the building permit are undeveloped.
6.
Construction of sidewalks along the property applying for the permit would result in no more than 20 percent of the frontage along the same side of the block including sidewalk.
If the above conditions are met, the public works director may grant a waiver to the requirements in this section subject to the property owner committing to fully fund and/or complete the improvements required under this section when the city forms a local improvement district to make these improvements or when development activity will result in at least 50 percent of the street frontage completing the improvements called for in this section. The property owner's commitment shall be in a form provided by the city and recorded against the property prior to occupancy of the site improvements.
(Ord. 390 § 1.01; Ord. 781 § 1.01; Ord. 40-83 § 1.03; Ord. 27-12 § 2; Ord. 44-13 § 1.01; Ord. 42-15 § 1.01; Ord. 47-16 § 1; Ord. 25-19 § 1; Ord. 57-19 § 1)