Chapter 13.48


13.48.010    Definitions.

13.48.020    Requirements.

13.48.030    Exceptions to requirements.

13.48.040    Final inspections.

13.48.050    Granting of exceptions.

13.48.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Lot” means any parcel or parcels of real property, or combinations thereof, which are the subject of an application filed under the building or zoning provisions of Titles 15 or 18 of this code.

“Public improvement” means concrete curbs, gutters, sidewalks and driveways, pavement, traffic controls, sanitary sewers, storm drains, culverts, utilities, parkway trees, street lighting, or other improvements that may be required in the public interests, all in conformance with the standards, specifications and codes of the city, and as required by the city engineer. (Prior code § 7-2.02(a))

13.48.020 Requirements.

The following requirements shall be made conditions of all applications for building permits for any structure, accessory structure, or addition to an existing structure with a floor area in excess of five hundred square feet. The following requirements shall also be made conditions for zone changes, site plan approvals, variances, conditional use permits and subdivisions of land. The property owner of any lot which is the subject of such an application shall satisfy these requirements to the complete satisfaction of the city engineer prior to the final approval of the application. The property owner shall assume all costs involved in satisfying such requirements:

A. The property owner shall dedicate to the city all necessary street and alley rights-of-way to meet the requirements of Chapter 13.44. He shall also dedicate all other public easements that may be deemed necessary by the city engineer.

B. The property owner shall construct new public improvements along the street and alley frontages of his lot, unless such improvements already exist and are deemed to be adequate by the city engineer. The property owner shall also extend or relocate utilities as required.

C. The property owner shall construct new public improvements to close any existing driveway along the frontage of his lot which is deemed unnecessary by the city engineer.

D. The property owner shall replace any existing public improvement that is damaged or in poor repair as determined by the city engineer.

E. The construction or replacement of public improvements shall include, at the property owner’s expense, the preparation of plans by a registered civil engineer or licensed land surveyor, as approved by the city engineer. Plan-check costs incurred by the incurred by the city engineer shall be paid by the property owner. (Prior code § 7-2.02(b))

13.48.030 Exceptions to requirements.

A. Whenever the city does not have an established grade for the construction of required street or alley improvements, and, in the judgment of the city engineer, such grade will not be established within a reasonable time, a bond shall be posted with the city guaranteeing that such improvements will be constructed at no cost to the city at such time as the street or alley grade is established.

B. Such bond shall be executed by the owner of the land on which such improvements are to be constructed and/or installed (including, but not limited to, the lessee thereof) and by a corporate surety licensed to do business as a surety in the state and in an amount which, in the judgment of the city engineer, is equal to the total cost of such improvements.

C. The term of the bond shall commence upon the date of its filing and shall remain in effect until the completion of the improvements as required by this chapter. The city engineer shall have the authority to grant extensions of time therefor not to exceed one year in the aggregate. The sale or other transfer of such lot, or any interest therein, shall not release the bond.

D. The bond shall contain the provisions that it is irrevocable and unamendable for the term thereof without the consent of the city, that such extensions of time or sale or transfer shall not release the surety, and that the aforesaid improvements shall be constructed as required by this chapter within one hundred twenty days after notice to begin the construction of such improvements is sent by the city to the surety.

E. In lieu of the aforesaid surety bond, the owner may deposit with the city a cash bond in an amount which, in the judgment of the city engineer, is equal to the cost of such improvements. In the event of any default on the owner’s part, the city is authorized to use any or all of the deposited money to cause all of the required work to be completed and for the payment of all costs and expenses therefor. Any money remaining after the completion of the above shall be refunded to the owner.

F. When a substantial portion of the required improvements have been completed to the satisfaction of the city engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner’s control, the city engineer may accept the completed portion and consent to the filing of a surety bond or cash deposit in an amount estimated and determined by the city engineer to be adequate to assure the completion of the required improvements remaining to be made. (Prior code § 7-2.03)

13.48.040 Final inspections.

The final building inspection, release for public utility connections, and certificate of occupancy for any building construction subject to the requirements set forth in this chapter shall not be approved by the building official until such requirements are met to the full satisfaction of the city engineer. (Prior code § 7-2.04)

13.48.050 Granting of exceptions.

A. The city engineer, upon the written application of any owner of interest in such lots (including, but not limited to, the lessee thereof), may except any such lots, and the owner of any interest therein, from the application of the provisions of this chapter, or any part thereof, under the following circumstances:

1. Where there are special circumstances applicable to the lots sought to be excepted, which circumstances do not apply generally to other lots; and

2. Where the granting of such exception is necessary to do substantial justice and to avoid practical difficulty, unnecessary hardship, or results inconsistent with the general purposes of this chapter or good civic planning; and

3. Where the granting of such exception will not result in material damage or prejudice to the public safety or welfare; and

4. Where the requirement for street dedication pursuant to an expansion or addition to an existing single-family dwelling results in the reduction of a lot or parcel below the minimum lot area or width or results in the further reduction of the area or width of an existing substandard lot or parcel.

B. In the event an exception is not granted by the city engineer, an appeal may be made to the council. (Prior code § 7-2.05)