§ 90.012 USE OF UNIMPROVED/UNOPENED RIGHTS-OF-WAY.
   An owner of real property within the city may be issued a permit to erect, construct and build a single-family residence adjacent to and accessible only by unimproved/unopened city-accepted right-of-way on the following conditions:
   (A)   The parcel of land upon which the residence is to be constructed shall be a minimum of two acres;
   (B)   The parcel of land has not been subdivided from a larger parcel of land since 1-18-1989, unless said subdivision occurred by city’s approval of a subdivision plat, plat amendment or replat;
   (C)   The parcel of land shall not be subdivided into smaller parcels unless approved by the city through a subdivision platting process;
   (D)   Only one single-family residence shall be constructed on the parcel of land for the purpose of homestead;
   (E)   A maximum of four single-family residences may be accessed by the same unimproved/unopened right-of-way. If, however, an application to construct a fifth single-family residence is sought, the owner of each existing single-family residence shall participate in the city’s street assessment program for road improvements;
   (F)   The property owner(s) shall construct and maintain an all-weather access road capable of providing ingress and egress to emergency vehicles on the unimproved/unopened right-of-way. The construction shall be in accordance with the plans and specifications approved by the City Engineer; and
   (G)   The city is not, nor shall it be, responsible for the construction, installation or maintenance of any road and/or roadside drainage improvements on the unimproved/unopened right-of-way.
(1998 Code, § 106-13) (Ord. 98-57, passed 11-25-1998)