Title 18 - Unified Development Ordinance

 

18.130 Permits and Certificates of Occupancy

18.130.050 Site Development Permits and Building Permits - Minimum Rights-Of-Way Required

  1. A.
    When a site development permit, or building permit is requested on a lot or tract abutting a public street other than a thoroughfare as defined in Section 18.400.020.D., the Director shall determine that adequate right-of-way exists on that portion of the public street abutting the property. The minimum right-of-way, measured from the center line of the street to the property line of the lot or tract, shall be determined based upon the classification of the abutting street. Classification of the abutting street shall be determined by reference to the Comprehensive​​​​​​​ Plan, the Official Street Map or a master street plan; if the classification is not designated on any of such documents, the Director​​​​​​​ shall determine the street classification by reference to existing or planned land uses of abutting properties.
  2. B.
    Once the street classification has been determined, right-of-way requirements shall be calculated in an amount equal to one-half of the total right-of-way requirement established for such street classification in Title 13 of the Code and summarized in Table 18.460.110 of this ordinance. Where the property lies on both sides of the public street, the right-of-way requirement shall be equal to the amount set forth in Title 13 of the Code and summarized in Table 18.460.110 of this ordinance.
  3. C.
    No site development permit or building permit shall be issued for any lot or tract where the abutting right-of-way does not clearly comply with the right-of-way requirements until title for the additional required right-of-way has been conveyed to the City by plat or deed and accepted by the Governing Body.
  4. D.
    Any requirement for dedication of right-of-way pursuant to this section may be waived by the Director where the permit being requested does not result in a change or expansion of use of the property or an increase in the square footage of any building.

(History: Ord. ZRR-3416 §10, 2023; ​​​​​​​Ord. ZRR-2420 §13, 2003; ZRR-2015 §8, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901