§ 30-602. Applicability.

(a)

Generally.

(1)

The provisions of this article shall apply to:

a.

Any application for subdivision plat approval.

b.

Any ministerial permit where required by subsection (b) of this section.

(2)

The owner of any tract of land situated within the corporate limits or the extraterritorial jurisdiction of city who is required to file a plat shall provide street right-of-way dedication as required by this article.

(b)

Building permit requirements.

(1)

The construction of standard curbs and sidewalks shall be a condition of the granting of a building permit in each of the following cases:

a.

A new building or structure when curbing is in place or curblines are established for a sidewalk.

b.

The repair or improvement of an existing building or structure when curbing is in place or curblines are established and the cost of the repair or improvement amounts to 25 percent or more of the assessed evaluation of the building/structure as set forth by the city tax roll for the entire lot.

c.

A new or an additional driveway approach.

d.

Refer to section 30-615 for sidewalk standards.

(2)

In addition to the above requirement, premises used as motor vehicle service stations or parking lots require the construction of a minimum six-inch raised curb or other approved traffic barrier, within the lot, along the entire street frontage except at approved driveway approaches and access walks to prevent vehicular access to the street except at designated driveway.

(c)

Variance. A variance to the requirements of this section will be heard by the planning and zoning commission with a recommendation from the planning and zoning commission to the city council. A variance may be granted by the city council if the city council finds that there are special circumstances or conditions, unique to the land involved, such that strict application of these requirements would be unreasonable and the granting of the variance would not be detrimental to the public health, safety, or welfare and not based solely on economic hardship. Application for a variance shall be submitted in writing to the mayor or his or her designee accompanied by the variance fee and a "C," 18-inch by 24-inch size, site plan (or larger if needed for readability) indicating the location of the variance request and the location of existing sidewalks and curbs within a 500-foot radius unless otherwise specified by the city. The site plan must show adequate details for the variance and the impact on surrounding properties and infrastructure.

(Ord. No. 041008-01, app. C, § 1, 4-10-2008)