Chapter 15.04
CURB AND GUTTER CONSTRUCTION

Sections:

15.04.010    Required for new construction and improvements.

15.04.020    Prerequisite to final approval.

15.04.030    When only portion of construction required.

15.04.040    Variance from requirements.

15.04.010 Required for new construction and improvements.

Any person who constructs or causes to be constructed any building or dwelling or causes any major building improvement amounting to $20,000 or more on any dedicated street in the city shall construct curbs and gutters in accordance with the city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed or for a distance equal to twice the frontage of the building if the lot is more than twice such building frontage, unless adequate curbs and gutters already exist; provided, however, that in areas not subdivided or parceled into lots of one-half acre or less, such curbs and gutters need not extend a greater distance than the side yards, provided side yards are established and, if not established, curbs and gutters shall extend a distance on each side equal to one-half of the length of curbs and gutters in front of the house or the side rear yards in the case of corner lots. Whether or not adequate curbs and gutters already exist shall be determined in each instance by the building inspector, and an endorsement to that effect shall be made upon each building permit at the time it is issued. (Ord. 81 § 1, 1976)

15.04.020 Prerequisite to final approval.

The building inspector shall deny final approval on acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs and gutters where required by this chapter exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the building inspector, and providing for such construction within 90 days. (Ord. 81 § 2, 1976)

15.04.030 When only portion of construction required.

When the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the building inspector may require that only portions of the work be done. (Ord. 81 § 3, 1976)

15.04.040 Variance from requirements.

A. Variance from the application of this chapter may be granted by the city council upon the finding by said body that the same will not be contrary to the intent of this chapter or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, literal enforcement of this chapter would result in practical difficulties or necessary hardships.

B. Written application for variance may be submitted to the city council which shall render its decision on such application within 35 days following receipt of such application. Failure of the city council to render its decision within 35 days shall be deemed a denial of the application for variance. (Ord. 81 § 4, 1976)