Chapter 12.35
PUBLIC IMPROVEMENT COMPLETION REQUIREMENTS
Sections:
12.35.010 Occupancy of new or remodeled structures.
12.35.010 Occupancy of new or remodeled structures.
Subject to the provisions of CMC 12.35.030, no person, firm or corporation shall occupy a new or remodeled structure, or any portion thereof, which is located within a commercial or industrial zoning district unless the property is served by existing public improvements, or until all public improvements have been constructed and accepted by the city engineer. [Ord. 2019-05 § 1, 2019; Code 2000 § 3.455.]
12.35.020 Definitions.
As used in this chapter, the following mean:
(A) “Commercial zoning district” and “industrial zoning district” means property classified with any commercial or industrial zone classification under the provisions of the city of Cornelius zoning ordinance.
(B) “Public improvements” mean:
(1) Streets, including street lights, sidewalks and storm sewer facilities, in accordance with city standards as determined by the city engineer.
(2) Public water service.
(3) Public sanitary sewer service.
(C) “Remodeled structure” means the remodeling of an existing structure where square footage is added to the floor surface of the structure. [Code 2000 § 3.460.]
12.35.030 Exceptions.
The following exceptions shall apply to the provisions of CMC 12.35.010:
(A) In the case of construction of new structures which occupy only a portion of a tract or parcel of land owned by the developer, public street improvements, including street lights, sidewalks and storm sewers, shall be required only in and upon that portion of the public right-of-way abutting that portion of a tract or parcel of land upon which the new or remodeled structure is located. Prior to acceptance of such improvements by the city engineer, the owner of that portion of the property abutting the public right-of-way where such improvements are not constructed or provided shall enter into a contract with the city under the terms of which the owner shall agree to construct such improvements to serve the unimproved portion of the tract or parcel prior to occupancy of any structure built or extended upon said unimproved portion. The promise of the owner shall constitute a covenant running with the land, and the contract shall be approved by the city attorney and recorded in the records of Washington County, Oregon.
(B) In the case of the remodeling of an existing structure, the cost of required public improvements shall not exceed one-half of the cost of remodeling construction. The cost of remodeling construction shall be determined by the city building official, whose determination shall be final. If it is determined that the cost of public improvements exceeds one-half the cost of remodeling construction, the city manager shall determine which public improvements shall be constructed or provided prior to occupancy of the remodeled structure.
(C) Notwithstanding the other provisions of this chapter, no public improvements shall be required until and unless:
(1) The remodeling causes the building to have 50 percent more square feet than it had at the time of the adoption of this chapter; or
(2) In the case of a new structure, the square footage of a new structure exceeds 50 percent of the square footage of the existing structure or structures. For purposes of determining added square footage, remodeling projects shall be cumulative; that is, the total number of square feet added by each remodeling of an existing building shall be totaled until the increased square footage equals the indicated 50 percent.
(D) In cases where there is an existing asphaltic concrete or concrete surface at the location where public sidewalks would otherwise be required, the required public street improvements shall not include the construction of sidewalks. [Code 2000 § 3.465; Ord. 2020-05 § 1 (Exh. A), 2020.]
12.35.040 Variances.
The property owner or an agent of the owner may request a variance from the requirements of CMC 12.35.010 and 12.35.030. The variance request shall be in writing and state the grounds thereof. The written request shall be filed in the office of the city recorder not more than 10 days after the owner or agent of the owner makes application for a building permit. Fees, criteria, standards and procedures for processing the variance shall be the same as those established for variance proceedings under the city’s zoning ordinance, excepting that the initial hearing shall be before the council and not the planning commission. The variance request shall be scheduled for public hearing before the council not more than 30 days following receipt of the request. [Code 2000 § 3.470.]