(a) The following regulations and procedures shall be used in the determination of the benefit derived and to be assessed as to all road and sidewalk construction or paving projects within the City, when such improvements have been initiated by petition of the owners of lots and lands exceeding 60 percent of the front feet to be assessed or 75 percent of all owners of lots bounding and abutting regardless of the amount of the affected footage contained therein.
(1) Petitions for roads or sidewalks shall be on forms maintained by the Clerk of Council and petitioners shall follow the procedures as approved by City Council.
(2) A lot or parcel of land used or zoned for business purposes, institutional purposes, or lots used or zoned for more than two-family residences, shall be assessed as commercial property and such lot or parcel shall be deemed to receive a benefit equal to the entire length of the frontage of such lot or parcel and be assessed in proportion to the relation of such length to the total length of all properties abounding and abutting such improvement. A commercial lot or parcel being a corner lot shall be assessed the total frontage on both streets.
(3) The benefit to a single-family or two-family residence lot or parcel, whether improved or zoned as such, shall be determined by the length of the frontage of such lot, and the assessment for such improvement shall be such proportionate share of the total cost as its length bears to the total length of such improvement. A corner lot shall be benefitted and assessed not more than the building frontage of such lot plus one-third of the frontage of the side street.
(4) When any lot or parcel of land adjoins or abuts a street improvement at a curve with an arc of less than 250 feet or turn-around, the benefit derived shall be based upon the length of the arc at the along the frontage of such property as shown on the record plat.
(5) Where a lot or parcel is on a straight street or on a curve having an arc greater than 250 feet the frontage along such street may be used as the applicable distance of benefit derived unless the rear dimension of such lot or parcel exceeds the front by more than five percent, in which case the provisions of paragraph (3) hereof shall apply.
(6) The total of all such benefits as determined herein shall be divided into the total estimated cost of proposed projects, as certified by the City Engineer, or the final actual cost of such project, as certified by the City Engineer, and the proportionate portion attributed to each lot or parcel shall be the amount of the estimated assessment or final assessment to be levied on each such lot or parcel.
(b) The benefits as herein determined do not preclude the owners of the lots and lands bounding and abutting such improvement from dividing or, by agreement, from setting forth and advancing other methods of assessment they determine to be equitable so long as the total to be agreed to covers the entire cost of the project petitioned for.
(Res. 1968-34. Passed 7-15-68; Ord. 2009-036. Passed 7-13-09; Ord. 2020-021A. Passed 6-15-20; Ord. 2022-011AA. Passed 6-6-22.)