Weed Municipal Code Ch. 12.04 Curbs and Gutters

The existence of unimproved curbs and gutters adjoining dwellings and buildings within the city is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the city.

(Ord. 90-69 §1, 1969).

A. Any person who constructs or causes to be constructed any building or dwelling or nonbuilding improvement on an undeveloped lot or causes any major building improvements adding any structure or portion of a structure over one hundred ten square feet on any land fronting on any dedicated street in the city shall construct curbs and gutters and sidewalks in accordance with city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs and gutters already exist provided, however, that, in areas not subdivided or parceled into lots of three-quarter acre or less, such curbs and gutters need not extend a greater distance than forty feet of each side of the driveway.

B. Whether or not adequate curbs and gutters already exist shall be determined in each instance by the building inspector of the city, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

C. The requirement for sidewalks shall apply to streets where the public works department has determined adequate right-of-way exists or the addition of sidewalks will not have an adverse impact on traffic.

(Ord. 332-95 §1, 1995: Ord. 326-95 §1, 1995: Ord. 90-69 §§2, 3, 1969).

The building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any building or dwelling regulated by this chapter unless curbs, gutters and sidewalks, where required by this chapter, exist or are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of said improvements, as determined by the building inspector, and providing for such construction within ninety days.

(Ord. 90-69 §4, 1969).

When the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the building inspector may require that only portions of the required work be done.

(Ord. 90-69 §5, 1969).

The regulations prescribed in Sections 12.04.020 and 12.04.030 shall not apply to any building or dwelling the construction of which began prior to the effective date of the ordinance codified in this chapter.

(Ord. 90-69 §6, 1969).

A. Variance from the application of this chapter may be granted by the city council upon the findings of the planning commission of the city that variance from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where, due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

B. Written application for variance may be submitted to the planning commission, which shall render its decision on such application within thirty-five days following receipt of such application. Failure of the planning commission to render its decision within the said period shall be deemed to be a denial of the application for variance.

(Ord. 90-69 §7, 1969).