HomeMy WebLinkAboutBack-Up from Law DeptSec. 54-58. - Right-of-way dedication required prior to issuance of permits.
(a) Whenever the owner(s) of the property within the city wishes to construct a new building or
structure, or to change the use of an existing building or structure, or expand an existing
structure, and the director of the department of public works determines that there is a
rational and substantial connection between the burdens imposed by the proposed
development or the change of use on the city services, including adjacent streets and the
dedication of the portion of the applicant's lot, tract or parcel of land lying within the city's
officially established right-of-way to the public for street purposes, and that the dedication of
the officially established right-of-way is reasonably necessary to mitigate the burdens that
the proposed development or change of use places on the adjacent streets, no permit for
construction of a new building or structure or change of use or expansion of an existing
structure shall be issued on any lot, tract or parcel of land until all portions of the applicant's
lot, tract or parcel lying within the city's officially established right-of-way have been
dedicated to the public for street purposes. Additionally, right-of-way lines at street
intersections shall be rounded with a radius of 25 feet. The area external to the 25-foot
radius shall also be dedicated to the public for street purposes prior to the issuance of
permits described above.
(b) Upon written request by applicant for a determination that the proposed construction of a
new building or structure or change of use, or expansion will not burden the city services,
including adjacent streets, director shall have the authority to waive the required dedication
or, if he does not so waive the dedication, director shall convene, within 30 days after receipt
of written request from applicant, a meeting of a review committee which shall be comprised
of the director of public works, the director of the department of planning, building and
zoning and an assistant city manager. The applicant shall have the right to present its
position to the review committee which shall review director's refusal to grant the waiver of
dedication. The committee, acting by majority vote, shall either affirm the director's refusal or
reverse its refusal and grant the requested waiver of dedication. The committee shall, in
determining whether director's refusal was reasonable, determine whether the proposed
construction of a new building or structure or change of use or expansion will burden city
services, including the adjacent street(s). The decision of this committee, which shall be
rendered within 30 days after conclusion of the hearing, shall be final.
(Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91; Code 1980, § 54-47;
Ord. No. 13308, § 2, 2-9-12)