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(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare through the creation and preservation of a pedestrian network throughout the city that provides for the safe and convenient movement of pedestrians, separate from the movement of vehicular traffic, through both residential and non-residential areas, as well as public places. Pedestrian network shall include the installation of sidewalks, shared-use/multi-use pathways, greenways and similar amenities as included herein.
(B) Applicability. Unless otherwise specified by city ordinance, the sidewalk and pedestrian amenity requirements of this section shall apply to and be required at the time of any new development and/or redevelopment of existing lots within the city. Said requirements shall also apply to and be required at the time of subdivision of both residential and non-residential parcels, with the exception of minor and exempt subdivisions prior to their development. For the purpose of this section, development shall hereafter be used interchangeably to refer to the act of subdivision, construction of new buildings and parking lots, as well as the enlargement or expansion of existing non-residential structures requiring building permits, changes in intensity of use on residential parcels, and the enlargement, or expansion of parking areas.
(C) Pre-development site review. Site plans for proposed development and major subdivisions shall comply with the requirements of this section prior to issuance of all permits. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EASEMENT." A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
"GREENWAY." A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas.
"RIGHT(S)-OF-WAY." A strip of land acquired by reservation, dedication, prescription, or condemnation for use by the public or other specified group and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.
"SHARED-USE/MULTI-USE PATH." A paved path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within tract, or easement. Such a path is used for two-way travel by bicyclists, pedestrians, joggers, skaters, and other non-motorized travelers.
"SIDEWALK." An improved pedestrian surface that is typically located adjacent to a roadway.
(E) Sidewalks required. Sidewalks and pedestrian infrastructure shall be required as follows:
(1) Along all portions of existing public right-of-way immediately adjacent to non-residential and residential parcels. New streets in non-residential and residential developments shall include sidewalks along both sides of the right-of-way.
(2) Residential development fronting along only one side of existing right-of-way shall install sidewalks on that side. This shall apply to all frontage of new subdivisions along existing streets as well, including lots and shared open or HoA space.
(3) Permanent easements or dedications of land to the city for the future installation of pedestrian infrastructure are required with the development of any property designated for such improvements on city adopted plans. Easements shall be a minimum of 20 feet in width and shall be located as close as possible as designated in plans, provided that the Planning Director or his or her designee, or other assigned city staff may work with the owner on minor adjustments to exact locations so long as the intent of applicable plans is met.
(F) Sidewalks exempt. Sidewalks and pedestrian infrastructure is not required in:
(1) Industrially zoned properties.
(2) Cul-de-sac turnarounds.
(3) Any large remaining portion(s) of property at least 200 feet deep from the right-of-way to the interior of the property and with 200 feet of continuous frontage along any single existing right-of-way that is un-improved and not used as part of a proposed or existing development or included as dedicated open space and which contains no substantial constraints, such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments to its future development. For the purpose of this section such a portion of property would be designated for sidewalk installation when developed in the future and shown on present plans as such.
(4) On one side of the right-of-way in developments requiring them on both sides, when a wider, paved, shared-use path has been agreed upon by the Planning Director and Public Works Director as an acceptable alternative and designs for which are included on an approved site plan(s).
DIAGRAM 92.092(1): Required Pedestrian Amenities
(G) Sidewalk location, orientation, design and materials.
(1) Optimal sidewalk placement is within public right-of-way, immediately adjacent to property line, with a grassed planting strip of at least seven feet between the outer edge of sidewalk and the back of the street curb to provide for a buffer and separation from vehicles. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the location may be changed in any area which contains constraints such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making installation impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Installation of sidewalks inside public right-of-way, adjacent to property line.
(d) Maintaining minimum width for grassed planting strip.
(e) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(f) When necessary to place sidewalks inside the property line of the subject property the city shall secure an easement granting perpetual access and maintenance to the city and the public prior to approval of site plans.
(2) Optimal orientation of sidewalks is running horizontally along the property boundary in a straight line. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the orientation of sidewalks may be adjusted and sidewalks may be curvilinear to the minimum extent deemed necessary in order to avoid severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making straighter orientations impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Avoiding of removal or altering of buildings and existing infrastructure.
(d) Avoiding of removal or altering of mature trees, and other natural features.
(e) Avoiding of removal or altering accessory structures, signs, mailboxes, etc.
(f) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(3) All pedestrian infrastructure shall comply with ADA standards for accessibility. Optimal design of shared-use paths is ten feet minimum width and sidewalks is five(5) feet minimum width. Mandatory maximum cross slope is 2% and the horizontal grade is generally no more than the adjacent street. Sidewalks shall extend the length of the right-of-way with breaks of no more than 50 feet where driveway entrances occur. Sidewalks shall be installed flush with asphalt parking lots or driveway aprons and continue uninterrupted across any single spans greater than 50 feet. All breaks in sidewalks shall feature ADA compliant ramps with truncated domes. When site constraints as cited in above sections exist, it is encouraged to use small curb walls and other design features to maintain ADA requirements for grade. Where extreme site constraints exist that make the continuity of the pedestrian network otherwise impractical, the Planning Director may authorize the most minimal reduction to width or increase in slope as is deemed necessary and in keeping with all state and federal requirements.
(4) Sidewalks shall be made of concrete unless another hardened surface is deemed by the Public Works Director to meet current city standards. Shared-use paths in public rights-of-way shall be of concrete, asphalt or another hardened surface approved by the Public Works Director. All other shared-use paths or greenways located outside of public rights-of-way shall consist of a material approved by the Public Works Director or Parks and Recreation Director. All specific material mixes, thickness and installation methods for pedestrian improvements shall comply with current city standards and shall be approved by the Public Works Director prior to both approval of plans and completion of development.
(5) Pedestrian infrastructure shall be provided for to the greatest extent possible for all required developments. Where extreme site constraints exist or upcoming plans for alterations to right-of-way or adjacent infrastructure exist that make complete installation impractical or cost prohibitive such areas shall be delineated on approved site plans and accompanied by documentation from the Planning Director, or his or her designee, detailing the reason for exclusion. In such cases the linear distance of such exclusions shall be documented and the current market rate price per linear foot for more typical improvements shall be used to determine a more appropriate figure that can be applied as part of the fee-in-lieu of installation program below.
(H) Fee in lieu of installation.
(1) In order to ensure that the intent of this section is met; to provide for the continuous, practical and economically efficient installation of a pedestrian network; to maximize the use of this infrastructure; and make future maintenance routines easier to manage, the city has developed an optional fee-in-lieu program for property owners to defer the prompt installation of sidewalks as a required part of their approved development and instead pay to into a city fund for the installation of public sidewalks elsewhere. This program is applicable for those properties with demonstrated site constraints, residential developments of less than ten lots which front on existing public right-of-way, as well as other non-residential property owners wishing to use it. The requirements for participation are as follows:
(a) Property owner shall submit and receive approval of site plans with sidewalks meeting all requirements of this section.
(b) Following final approval, property owner may submit an application to the city to pay the fee-in-lieu. Application shall be accompanied by the property owner's market rate estimate for materials, labor, site prep and all other installation costs or they may accept the estimate provided by the Public Works Director.
(c) As part of the program, property owner shall agree to keep clear the approved sidewalk location in their adjacent right-of-way to the best of their ability and shall be required to keep clear and provide recorded easements to the city for any areas within their property designated for sidewalk installation on the approved site plan.
(d) The Public Works Director, or his or her designee, shall review the application and the estimate for installation and shall approve it or else revise it and send it back to the property owner for subsequent review and approval.
(e) Once the application has been approved the property owner must pay 75% of the approved cost to the city prior to development being completed and certificates of occupancy and other permits being issued. Receipt of approved application, agreements and payment shall constitute the completion of sidewalk requirements for said development.
(2) Once the city has accepted payment for the fee-in-lieu of installation it is responsible for the following:
(a) Maintaining clear records for each application in the program including dates approved, available funds and dates and locations of funds used.
(b) Holding all funds in a separate account or otherwise ensuring their designation and continued availability only on projects applicable herein.
(c) Funds from each specific property must be spent within the corresponding pedestrian improvement zone they are located in at the time of application, a map of these zones must be adopted by Council prior to commencing with the fee-in-lieu program and formally amended before future funds may be spent in any area outside of the existing corresponding zones.
(d) Using funds for pedestrian network improvements only. Funds from separate applications for properties within the same pedestrian improvement zone may be combined together and used on larger projects or used in conjunction with city designated funding sources or as matches on grants so long as these are also for pedestrian improvements as defined in this section.
(I) Failure to comply. Failure to adhere to the requirements of this section shall constitute a violation of city zoning ordinance and shall be enforceable as detailed in this chapter.
(Ord. 19-26, passed 8-5-19; Am. Ord. 19-37, passed 10-7-19; Am. Ord. 19-42, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24)
(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)
(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
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)
(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
(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
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