A. Required; Exception: Except as otherwise provided in this Section, sidewalks, curbs and gutters shall be required on all vacant lots or parcels of land which are hereafter developed; or upon lots or parcels of land which are merged or divided; or upon developed lots or parcels of land involving a change in building occupancy and use of land; or upon any lot or parcel of land with any building expansion or new construction involving the addition of gross floor area greater than four hundred (400) square feet; or upon a lot or parcel of land when a change of use results in a measurable increase in pedestrian or vehicular traffic; provided, however, that upon the request of the City Development Department or application by the property owner, or a tenant, lessee or a contractor duly authorized to represent said property owner, and for cause shown, the City Council may waive all or part of, the requirement for the installation of the above described improvements, subject to Subsections B and C of this Section.
B. Request To Waive Requirements By Development Department: Any request by the City Development Department to waive all or part of the requirement to install curb, gutter and sidewalk shall be based on the following criteria:
1. The presence or proposed installation of other substantially equivalent or superior improvements in the vicinity of the lot or parcel of land;
2. Conditions on the lot or parcel of land affecting the practicability of installing the curb, gutter and sidewalk; and
3. Any other unique circumstances deemed by the City Development Department to be appropriate grounds for waiving any or all of the foregoing requirements relative to the installation of curb, gutter and sidewalk.
C. Request To Waive Requirements By Property Owner or Authorized Representative: Any application to waive all or part of the requirement to install curb, gutter and/or sidewalk by the property owner, or a tenant, lessee or contractor duly authorized to represent said property owner:
1. Shall be based on evidence that it is impractical to install curb, gutter and sidewalk because of circumstances beyond the reasonable control of the applicant property owner; and
2. Shall include a filing fee paid to the City in an amount established by resolution of the City Council. (Ord. 841, 7-9-2019)