§ 92.124 CURB CUTS AND VEHICULAR ACCESS.

   (A)   Purpose. It is the intent of this section to permit functional vehicular access to private lots; maintain both pedestrian and vehicular safety and maneuverability; maintain the efficient use of city rights-of-way for multiple functions; and maintain and improve the overall aesthetic of city streetscapes.

   (B)   Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

         "CURB CUT." That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of- way/ property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space(s). A physical break or cut of a curb may be necessary to create a drive access. For the purposes of this section, curb cut width shall be measured from the back of sidewalk or property line in straight lines perpendicular to the street or edge of curb, and shall not include the width of the apron curb radii at the edge of street. In all cases the total width of the apron shall be kept to a minimum amount necessary for turning when entering or exiting the street.

   (C)   Standards. Vehicular access to private properties shall be limited as follows:

      (1)   Curb cuts shall be installed no less than 20 feet from edge of pavement at any intersection.

      (2)   Curb cuts shall not be installed where there is less than 18 feet of usable space for maneuvering and/or parking vehicles between or within structures and the property line and/or sidewalks. If vehicles are being parked within structures less than 18 feet from the property line there shall be at least 18 feet between the structure opening and the edge of the curb/street for temporary maneuvering while accessing the structure. With the exception of areas approved for on- street parking, parked vehicles shall not be permitted to encroach into public rights-of-way. In no case shall curb cuts be installed where vehicles will be required to park on public sidewalks, landscaped areas or where they would otherwise interfere with pedestrian and vehicular traffic.

      (3)   Single curb cuts for any residential lot or for vehicular access to any individual lot or multi-family unit on a lot shall total no more than 18 feet in width continuously at any point, measured horizontally along the property line or along the front of each individual unit.

      (4)   Multiple curb cuts for a single lot or multi-family unit shall be separated by a minimum of 30 feet. Total combined length of curb cuts for any single residential lot or any individual multi-family unit shall total no more than 24 feet measured at the property line or no more than 50% of the total lot or unit frontage on public rights of way, whichever is less.

      (5)   When adjacent lots or units each have 45 feet or less of road frontage at the property line, curb cuts shall be installed adjacent to each other along adjoining side property lines for one continuous cut every two lots or units or otherwise side-by-side along side setback lines with minimal separation between them as is needed.

   (D)   Applicability.

      (1)   Divisions (C)(2) through (C)(5) shall apply only to public streets. Private alleys or drives shall be exempt from this requirement, but may be limited by other life safety regulations.

      (2)   Divisions (C)(3) through (C)(5) shall not apply to commercial development or to shared residential parking lots.

      (3)   This section shall not apply to pre-existing curb cuts for driveways, which may continue to be used and re-paved at their existing widths as needed.

      (4)   Nothing in this section shall otherwise regulate driveway dimensions, location or materials and design on private property.

   (E)   Exceptions.

      (1)   Large, single-family residential lots with over 200 feet of total road frontage may be granted additional curb cuts exceeding the aforementioned thresholds to the amount deemed necessary for adequate internal circulation when also adequately spaced to meet the intent of this section and not exceeding total width of 50% of the lot frontage.

      (2)   The Planning and Development Services Director, or his or her designee, may make exceptions when pre-existing site conditions require such exception on smaller residential lots or individual units. In such cases these exceptions shall be permissible to the minimum degree necessary to ensure typical levels of functionality and access to the lot and compliance with city code and life safety standards. Exceptions shall not be made due to other design preferences such as building design, placement or orientation of building features.

   DIAGRAM 92.124(1): Curb Cuts and Vehicular Access Requirements

(Ord. 22-17, passed 2-21-22)

§ 92.125 STRUCTURES ON UNDERDEVELOPED LOTS.

   (A)   Purpose and intent. It is the intent of this section to ensure that all new construction on existing lots within the city meet the current development standards of the city ordinance to the greatest extent possible, to minimize future required investment by the city or adjoining property owners for the development of streets and other infrastructure within the city and to ensure the safe and efficient provision of city services to all developed lots within the city. For this reason, all properties adjacent to portions of unopened or unpaved rights-of-way shall be considered to be "underdeveloped" for the purpose of placing new structures and the use of said structures.

   (B)   Required improvements with construction on underdeveloped lots. The following shall apply to the placement of new structures and construction on underdeveloped lots:

      (1)   No new structures may be built on existing lots without a minimum of 20 linear feet of paved right-of-way meeting the minimum standards of the subdivision ordinance or as provided herein, whichever is greater.

      (2)   Where possible acquiring additional lots adjacent to and across unopened or under-developed right-of-way is encouraged to reduce costs to the property owner or builder.

      (3)   Prior to construction, the entire frontage of each unpaved lot shall be paved to the standards of the closest paved street section or 20-foot minimum width, whichever is greater. Curb and gutter or ditch shall be provided according to that of the closest finished section of right-of-way . Sidewalks or sidewalk fee-in-lieu shall be provided in accordance with this chapter prior to construction. All improvements shall connect to the closest paved/improved streets.

      (4)   Where necessary, existing rights-of-way may be required to be increased in width to meet these standards. All increases in width shall be recorded by plat with the register of deeds. However, unless done as a part of a major subdivision, an increase in right-of-way width, but not length, shall not necessitate approval by city boards. Infrastructure may be bonded.

      (5)   Development on corner lots with unpaved or unopened rights-of-way along the sides of a property shall complete improvements on a minimum of one-half the length of said right-of-way as provided in this section when existing lots to their rear have no access to a paved city street. When paving along sides is not required, homes on larger corner lots shall be placed in such a way as to allow for future subdivision along the unopened right-of-way as new development becomes feasible.

      (6)   Any subdivision or development of a lot(s) adjacent to any unpaved or unopened right-of-way that would include an increase above one residential unit per existing lot shall require that all portions of the unopened right-of-way adjacent to the lot(s) be completed to the minimum standards of the subdivision ordinance and connect to a fully developed street. No exceptions. Major subdivisions may require improvement of connections to additional streets when the total length of said connection would be less than 10% of the total length of improvements.

      (7)   Depending on the density and anticipated impact of a proposed development, planning staff may refer the new development to Planning Board, City Fire Marshal and other responsible parties and an increase in street or infrastructure improvements within the adjacent right-of-way and any additional right-of-way may be required as needed to adequately accommodate the new development without adversely impacting the existing neighborhood.

      (8)   In addition to setback requirements of this chapter, new homes and other structures and improvements of the site on lots at the end of stubbed streets or unopened right-of-way shall be located a minimum of 20 feet outside of the straight-line extension of said right-of-way or a minimum of 100 feet from the end of the unopened right-of-way or stub out so as to allow for the routing and future extension of the street.

   DIAGRAM 92.125(1): Underdeveloped Lots with New Structures and Required Improvements

(Ord. 24-16, passed 6-17-24)

ADMINISTRATION

§ 92.135 ZONING ENFORCEMENT OFFICER.

   The Building Inspector, Zoning Administrator, Zoning Enforcement Officer or other official designated by the City Manager is hereby authorized, and it shall be their duty to enforce and administer the provisions of this chapter. If a ruling of the Building Inspector, Zoning Administrator, Zoning Enforcement Officer or other authorized official is questioned, the aggrieved party or parties may appeal the ruling to the City Manager for his decision. If the City Manager's decision is questioned, his ruling may be appealed to the Board of Adjustment.

(‘58 Code, § 19-110) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)

§ 92.136 INSPECTIONS AND ENFORCEMENT.

   (A)   Any authorized Zoning Enforcement Officer may perform inspections upon any property to confirm the violation of provisions of this chapter. The inspections may be done within public areas of the property considered curtilage or those areas which can be viewed from public rights of way, public properties, from the curtilage areas of adjacent private properties or from private areas on adjacent properties with the permission of those neighboring property owners.

   (B)   All inspections shall be conducted during reasonable hours of operation and activity or when property owners and/or tenants are less likely to be disturbed.

   (C)   Inspections of interior areas of structures and private exterior areas of properties not otherwise visible to the Zoning Enforcement Officer shall occur with the owner(s) or tenants permission or after obtaining an administrative warrant. In all cases, the designated Zoning Enforcement Officer shall properly notify the owners and/or tenants present and provide credentials verifying their identity and reason for the inspection.

   (D)   In the case of inspections for open permits as outlined below, authorization to enter the property during reasonable hours for the purpose of inspection is considered granted to the Zoning Enforcement Officer with the application. The exception to this shall be any secured areas inaccessible without the owner or tenant or areas inhabited at the time of the inspection.

   (E)   When violations of this chapter are observed by the Zoning Enforcement Officer, the violations shall be properly documented using photographs, written descriptions and other means as necessary.

   (F)   Notice of violation consistent with Chapter 10 must be presented to the property owner(s) and optionally, the tenant or person responsible for violation on the property. Notice must be delivered by hand, through email or via first-class mail and optionally may be posted on site. The Zoning Enforcement Officer shall properly document the date and content of all notice of violations and any evidence of violations included therein.

(Ord. 21-26, passed 7-12-21) Penalty, see § 10.99

§ 92.137 DEVELOPMENT APPROVAL AND ZONING PERMIT REQUIRED.

   (A)   No building, sign, or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Building Inspector has issued a zoning permit for the work. The approval may be provided in writing or in uneditable format electronically. Every person obtaining a zoning permit hereunder shall pay a fee therefor, as provided in § 90.38.

   (B)   No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

   (C)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.

   (D)   A development regulation enacted under the authority of this chapter may designate the staff member or members charged with making determinations under the development regulation. The Zoning Enforcement Officer making the determination shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first- class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner. It is conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least six inches high and shall identify the means to contact a local government staff member for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting is the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the staff member responsible for the determination. Absent an ordinance provision to the contrary, posting of signs shall not be required.

('58 Code, § 19-111) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.138 DEVELOPMENT APPROVAL AND ZONING PERMIT APPLICATION; EXPIRATION.

   (A)   Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land.

   (B)   Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

   (C)   Each application to the Building Inspector for a zoning permit shall be accompanied by plot plans in duplicate showing the following.

      (1)   The actual dimensions of the lot to be built on.

      (2)   The size of the building to be erected.

      (3)   The location of the building on the lot.

      (4)   The location of existing structures on the lot, if any.

      (5)   The number of dwelling units the building is designed to accommodate.

      (6)   The approximate setback lines of buildings on adjoining lots.

      (7)   Any other information as may be essential for determining whether the provisions of this chapter are being observed.

   (D)   Any zoning permit issued shall expire and be canceled unless the work authorized by it shall have begun within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year. Written notice thereof shall be given to the person affected, including notice that further work as described in the canceled permit shall not proceed unless and until a special zoning permit has been obtained.

   (E)   Unless a different period is specified by this chapter or other specific applicable law, including for a development agreement, a development approval issued pursuant to this chapter expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. Local development regulations may provide for development approvals of shorter duration for temporary land uses, special events, temporary signs, and similar development. Local development regulations may also provide for development approvals of longer duration for specified types of development approvals. Nothing in this section limits any vested rights secured under § 92.167.

('58 Code, § 19-112) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)