Lomita Municipal Code Art. 65 Adequate Highways and Streets

Footnotes:

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Cross reference— Curb, gutter and sidewalk construction, § 10-5.01 et seq.

Unless otherwise provided in this Article, no building or structure shall be used on any lot or parcel of land any portion of which abuts upon a major highway, secondary highway or local street which is located on the same side of the centerline as such lot or parcel of land has been dedicated and improved as provided in this Article.

Before a building or structure subject to the provisions of this Article may be used, curbs, gutters, sidewalks, paving and drainage structures where required, shall be constructed at the grade and at the location specified by and in compliance with the standards of the city engineer.

In lieu of the required improvements, the city council may accept from any responsible person an agreement to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve.

This Article does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed half of the current market value of all existing buildings on such lot or parcel of land.

(1) The commission may grant a modification to the provisions of this Article and relieve the applicant either from compliance with all or a portion of the provisions thereof if it finds:

(a) Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this Article, and the requirements to dedicate, pave or improve would require a greater width than is the highway or street in front of the said existing buildings or structures on said adjoining properties; or

(b) The lot or parcel of land adjoins a major or secondary highway, parkway or street for a distance of one hundred (100) feet or more and less than half of said lot or parcel of land is to be used for such building or structure or occupied by such use.

(2) The city council may grant a modification to the provisions of this Article and relieve the applicant either from compliance with all or a portion of the provisions thereof if they find:

(a) There is in existence or under negotiation a contract between the city and a contractor to install the required improvements; or

(b) The required improvements are included in a budgeted city project or within an approved assessment district; or

(c) The city engineer is unable to furnish grades within a reasonable time; or

(d) The required construction would create a drainage or traffic problem; or

(e) The construction will be isolated from a continuous roadway which may not be improved for many years; or

(f) There are in existence partial improvements satisfactory to the city engineer and he deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship. All requests for modification shall be subject to the provisions of Article 70, "Zoning Ordinance Administration."

(Ord. No. 733, § 2(pt. 2), 9-7-10)