Chapter 12-28 — BUILDING SITES

No building permit shall be issued for any parcel of land unless the parcel meets the requirements of a building site, with full public improvements as defined and prescribed in this title, or unless adequate security to accomplish all the required improvements has been deposited with the City and approved by the Community Development Department and the City Attorney. The security shall specify that all improvements will be installed prior to occupancy. Exceptions:

• (a) Building permits may be issued for walls and fences on any parcel of land.

• (b) No improvement or security shall be required for the installation of walls and fences.

• (c) Where the cumulative value of all work done within any 12 month period does not exceed onehalf the valuation of the existing improvements, the applicant shall state the estimated total cost of the existing and proposed improvements; the amounts so stated shall be verified and approved by the Community Development Department. The Community Development Department may require an appraisal by a qualified appraiser at the applicant's sole cost.

• (d) Where a proposed development project, including but not limited to buildings, parking, landscaping and vehicular ways, comprises less than 50% of a single parcel which exceeds one acre in overall dimension, then on-site public improvements shall be required only on or abutting the portion of the parcel proposed to be developed. This exemption may be disallowed by Planning Commission resolution when it is determined that the installation of the improvements are necessary for the orderly development of the area.

• (Prior Code § 10-90, (1—4); Ord. 83-1065 § 1, eff. 1/5/84)

No parcel of land of less than 6,000 square feet, unless within a planned unit development approved by the City, shall be a building site, except as provided in Section 12-31.10 et seq. Any parcel of ground in excess of 6,000 square feet not lawfully subdivided shall be only one building site provided that the provisions set out in Sections 12-27.03 and 12-27.04 are met. (Prior Code § 10-90; Ord. 83-1065 § 1, eff. 1/5/84)

To qualify as a building site, a parcel of land shall have frontage on a dedicated public street or an access easement to a dedicated public street acceptable to the City. The easement shall be at least 12 feet wide to serve a single buildable site and 24 feet wide to serve two or more buildable sites. Full public improvements, including streets, curbs, gutters, sidewalks, alleys, street trees, street lights, street signs and all utilities including but not limited to drainage, sewer and water shall be installed to the standards established and adopted by the City. Sidewalk shall not be required on the eastern side of Skyway Drive between its southern and northern intersections with Industrial Parkway, on Industrial Parkway, or on Aviation Way. Notwithstanding anything to the contrary in this section, nothing contained herein shall prohibit the imposition of a requirement to install a sidewalk as a condition of approval in granting a conditional use permit or planned development permit pursuant to Section 12-35-207.

(Prior Code § 10-90; Ord. 83-83 § 1, eff. 1/5/84; Ord. 98-17, eff. 01/14/99; Ord. 2017-10 § 21, eff. 8/31/17)

• (a) Group dwellings and multifamily residential projects shall fully improve the alley abutting the site and shall fully improve the alley off-site (within existing easements) for 25 linear feet for each newly constructed dwelling unit. In the event the property's abutting alley frontage has been completed by prior development, the alley frontage length shall be added to the off-site requirement.

• (b) Commercial and industrial development shall improve the entire alley abutting the site. In addition, the alley shall be improved off-site (within existing easements) for five linear feet for each 100 square feet of new construction. In the event the property's abutting alley frontage has been completed by a prior development, the alley frontage length shall be added to the off-site requirement.

• (c) Exception: Alley improvements shall not be required for a single-family structure in an R-1 zoning district.

(Prior Code § 10-90; Ord. 83-1065 § 1, eff. 1/5/84; Ord. 85-1109 § 1 (3), eff. 1/2/86)

Street and alley lights shall be installed to City standards when the building site has greater than the following public street or alley frontages:

When the building site does not meet the minimum frontage described above, a street and/or alley light fee shall be paid to the City as follows:

The Planning Commission may modify the street and alley light requirements when reviewing a conditional use permit or planned development permit if it makes written findings based on substantial evidence in light of the entire record of proceedings that the requirements would result in a unique hardship based on special circumstances applicable to the property.

Revenues raised by payment of this fee shall be placed in a separate account. These revenues, and any interest earned on them, shall be used only to:

• (a) Pay for future cost of engineering, design, contract administration and other costs of construction of street and alley lighting, or to reimburse the City for street or alley lighting constructed with funds advanced from other sources; or

• (b) Reimburse developers who have been required or authorized to install supplemental street or alley lighting.

The street and alley lighting fee shall be adjusted once yearly by resolution of the City Council [[1]] to reflect the increase or decrease of construction costs, on the basis of a factor recommended by the Director of Public Works, which factor shall be based on the McGraw Hill Engineering News Record Cost of Construction Index. Prior to adjusting the fee, notice shall be given in conformity with Section 2-24.101 et seq. of Title 2 of this Code.

[1] Editor's Note: The current fee is set out in the Schedule of Fees and Charges appended to this Code. See "Street and alley light fee" in that schedule.

(Ord. 85-1093 § 1 (10), eff. 3/5/85; Ord. 88-22 § 2(A), eff. 1/5/89)

• (1) All electrical, telephone, television and communication utility distribution and services wires shall be placed underground in accordance with the following criteria, unless waived by the Building Official upon making a finding that special or unique topographical, soil or other similar conditions make underground installation of such facilities unreasonable or impractical:

  • (A) In all new building construction;

  • (B) When additions, alterations or repairs are made to any existing building to such an extent that the value of such work, as determined by the Building Official, exceeds 50% of the valuation of the building;

  • (C) Where only the electrical wiring system serving any building or site is replaced, altered or repaired for any reason to the extent that new or modified electrical service equipment is required, the electrical utility service which serves the affected building, buildings or system shall only be required to be placed underground on the site.

• (2) Service from facilities installed through this Section shall be in accordance with the rules and regulations of the supplying utilities on file with the Public Utilities Commission of the State. The service equipment shall be installed on or immediately adjacent to a building on the site. Service equipment shall not be installed on poles, pedestals or similar structures.

• (3) The following are excepted from undergrounding requirements:

  • (A) Equipment pertinent to underground facilities, such as service-mounted terminal boxes and meter cabinets and concealed ducts need not to be placed underground.

  • (B) Temporary electrical utility services serving course-of-construction power poles on an approved building site or serving approved temporary outdoor uses for a designated period of time need not be placed underground.

• (C) Single family residences or duplex residences proposed to be constructed on existing lots within a subdivision with existing utility lines that are installed above ground.

• (Ord. 2022-04, eff. 7/7/22)