The provisions of this chapter shall apply to all buildings, structures, or land owned, operated, or controlled by any person, corporation, or, to the extent permitted by law or government agency. (Ord. 84-O-1923, eff. 5-3-1984)

   A.   Required: It shall be unlawful for any person to erect, reconstruct, or enlarge any building or structure on any lot which abuts a highway, street, or alley unless the one-half (1/2) of the highway, street, or alley which is located on the same side of the center of such highway, street, or alley as such lot has been dedicated and improved, or such dedication and improvements have been assured, in the manner set forth in this chapter. Such dedication and improvements shall be for the entire width of such lot, and the dedication shall be in conformance with the master plan of streets, alleys, and highways, and the improvements shall comply with the standard specifications for such improvements on file in the office of the city engineer.

   B.   Exceptions:

      1.   Dedications shall not be required for any portion of a lot occupied by a main building where such main building is not demolished or renovated in excess of fifty percent (50%) of its existing value.

      2.   Neither dedication nor improvement shall be required for additions to a residential building legally existing on a lot, or accessory buildings incidental to such residential building, provided that additional dwelling units or guestrooms are not created, and all setbacks are complied with.

      3.   Neither dedication nor improvement shall be required for additions to a nonresidential building legally existing on a lot, or the construction of accessory buildings incidental to the use of such nonresidential building, provided that the cumulative floor area of such addition and accessory buildings does not exceed two hundred (200) square feet, and all setbacks are complied with.

      4.   Dedications shall not be required for properties that have been listed on the local register of historic properties if the City Council determines that the interests in preservation of character-defining features of the historic property outweigh the interests in implementing the dedication and improvement requirements otherwise required by this section. (Ord. 84-O-1923, eff. 5-3-1984; amd. Ord. 21-O-2844, eff. 10-15-2021)

The city engineer may approve and allow such variations from the requirements of the master plan of streets, alleys, and highways or required improvements for any street, alley, or highway as he determines are made necessary by the conditions of the terrain on existing improvements contiguous to the lot. (Ord. 84-O-1923, eff. 5-3-1984)

   A.   Prior to the issuance of a building permit, any person required to dedicate land pursuant to the provisions of this chapter shall make an offer to dedicate on a form approved by the city attorney and the city engineer. Such offer shall be properly executed by all parties with an interest in such land, including beneficiaries and trustees in deeds of trust, as shown by current preliminary title report furnished by the owner and prepared by a title company approved by the city attorney for such purpose, and shall be binding on the owner, his heirs, assigns, or successors in interest. The offer shall provide that the dedication will be complete upon acceptance by the council.

   B.   The offer to dedicate land shall continue until accepted or rejected by the council. For the purposes of this section, an offer to dedicate shall be deemed filed at such time as the city attorney and city engineer have verified that it meets all the requirements of this chapter. If the offer is rejected by the council, the city will issue a release from such offer and record such release in the office of the county recorder.

   C.   For the purposes of this chapter, dedication shall be considered as satisfactorily assured when the city attorney and city engineer verify that the offer to dedicate meets all the requirements of this chapter. (Ord. 84-O-1923, eff. 5-3-1984; amd. Ord. 12-O-2622, eff. 7-8-2012)

   A.   Prior to the issuance of a building permit, any person required to make improvements by the provisions of this chapter shall either make and complete the improvements to the satisfaction of the city engineer or shall deposit with the city engineer a surety bond in such an amount as the city engineer shall estimate and determine to be necessary to complete all the required improvements.

   B.   For the purposes of this chapter, improvements shall be considered as satisfactorily assured when the improvements have been completed to the satisfaction of the city engineer. Improvements shall be completed within two (2) years after the issuance of the building permit. (Ord. 84-O-1923, eff. 5-3-1984)

When all dedications and improvements required by this chapter have been completed or satisfactorily assured, a building permit may be issued. (Ord. 84-O-1923, eff. 5-3-1984)

Notwithstanding any other provision of this code to the contrary, no administrative fee shall be charged for the rendering of any service by the city in connection with any dedication or improvement required by the provisions of this chapter. (Ord. 84-O-1923, eff. 5-3-1984)

   A.   On a lot which is affected by the dedication of land for street widening required by the provisions of this chapter, all setback, parking area, loading space, and building location requirements for new buildings or structures or additions to buildings or structures set forth in this code shall be measured and calculated from the lot lines being created by such widening.

   B.   In applying all other provisions of this chapter, the area of such lot shall be considered as that which existed immediately prior to the dedication of land for street widening. (Ord. 84-O-9123, eff. 5-3-1984)

The council may provide for a contribution toward the cost of making any improvement required by the provisions of this chapter. Upon an application by the property owner for contribution by the city, the city engineer shall make a recommendation to the council, and the council shall determine the amount of the contribution, if any, to be made by the city. (Ord. 84-O-1923, eff. 5-3-1984)