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)