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Prineville City Zoning Code

DESIGN AND

IMPROVEMENT STANDARDS/REQUIREMENTS

153.190 COMPLIANCE REQUIRED.

Any land division or development and the improvements required therefor, whether by subdivision, PUD, partitioning, creation of a street or other right-of-way, zoning approval or other land development requiring approval pursuant to the provisions of this chapter, shall be in compliance with the design and improvement standards and requirements set forth in this subchapter, in any other applicable provisions of this chapter, in any other provisions of any other applicable city ordinance, in any applicable provisions of county ordinances or regulations or in any applicable state statutes or administrative rules.

(Ord. 1180, passed 6-14-11)

153.191 LOTS AND BLOCKS.

(A) Blocks. The resulting or proposed length, width and shape of blocks shall take into account the requirements for adequate building lot sizes, street widths, access needs and topographical limitations.

(1) No block shall be more than 1,000 feet in length between street corner lines unless it is adjacent to an arterial street, or unless topography or the location of adjoining streets justifies an exception, and is so approved by the reviewing authority.

(2) The recommended minimum length of a block along an arterial street is 1,800 feet.

(3) A block shall have sufficient width to provide for two tiers of building sites unless topography or the location of adjoining streets justifies an exception; a standard exception is a block in which the building lots have rear yards fronting on an arterial or major collector street.

(B) Lots. The resulting or proposed size, width, shape and orientation of building lots shall be appropriate for the type of development, and consistent with the applicable zoning and topographical conditions.

(C) Access. Each resulting or proposed lot or parcel shall have legal access and abut or front upon a public street, other than an alley, for a width of at least 50 feet or 35 feet in the case of a cul-de-sac.

(1) The following are situations where the reviewing authority may allow reductions to the frontage rule:

(a) When listed otherwise in the dimensional tables.

(b) Cluster developments or PUD.

(c) R-5 Residential High Density Zone.

(d) Other commercial and industrial zones that can demonstrate proper traffic function with regard to parking, ingress and egress.

(e) Mixed Use Zone.

(2) The following is a situation where the reviewing authority may allow an elimination of the frontage rule; however, legal access shall be provided:

(a) An area of steep slopes or other natural barriers where a full public street is not practical and will not be a part of the street grid system; as determined by the city. In this case an easement for access may be allowed for a limited number of newly created residential lots as determined by a ratio of one unit per acre. Emergency access and turnaround shall be required and approved by the Fire Department.

(D) Side lot lines. The side lines of lots and parcels, as far as practicable, shall be perpendicular to the street upon which they front; or radial to the curve as applicable.

(E) Division by boundary, ROW and drainage ways. No lot or parcel shall be divided by the boundary line of the city, county or other taxing or service district, or by the right-of-way of a street, utility line or drainage way or by an easement for utilities or other services, except as approved otherwise.

(F) Flag lots. The intent of the following criteria is to promote infill in residential areas but not disrupt the existing nature of the neighborhood. It is also to provide dedicated public street access for these infill lots while avoiding the need for joint access easements that lead to neighbor disputes. Flag lots may be created by a boundary line adjustment, partition or subdivision with the following limitations:

(1) Flag lots are not permitted in the R-1 or R-3 Zone.

(2) The pole of the flag shall not be counted when calculating the minimum lot size within each zone. (The intent is to ensure the minimum lot size for a structure.)

(3) The front most lot adjacent to the street shall maintain 50 feet of frontage, with the exception of those items listed in subsection (C) of this section.

(4) Flag lots shall have a minimum street frontage of 20 feet for one nonaccessory dwelling and 30 feet for two or more nonaccessory dwellings.

(5) As defined, the pole of a flag lot shall be a continuous width of at least 20 feet up to but not including 50 feet. (The intent is to prevent dog leg flag lots.)

(6) A maximum of two flag lots may be permitted per original lot; however, if the poles of each flag are adjacent to one another, only a single shared access will be permitted and a reciprocal access easement shall be recorded.

(7) Flag lots within newly proposed subdivisions shall only be allowed on cul-de-sacs or where irregular lot lines warrant such a technique.

(G) Through or double-frontage lots and parcels. Through or double-frontage lots and parcels are to be avoided whenever possible, except where they are essential to provide separation of residential development from major traffic arterials or collectors and from adjacent nonresidential activities, or to overcome specific disadvantages of topography and orientation. When through or double-frontage lots or parcels are desirable or deemed necessary, a planting screen easement of at least four to six feet in width, and across which there shall be no right of vehicular access, may be required along the line of building sites abutting such a traffic way or other incompatible uses.

(H) Special building setback lines. If special building setback lines, in addition to those required by the applicable zoning, are to be established in a development, they shall be shown on the final plat of the development and included in the deed restrictions.

(I) Large building lots; redivision. In the case where lots or parcels are of a size and shape that future redivision is likely or possible, the Commission may require that the blocks be of a size and shape so that they may be redivided into building sites, and the development approval and site restrictions may require provisions for the extension and opening of streets at intervals which will permit a subsequent redivision of any tract of land into lots or parcels of smaller sizes than originally platted.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1262, passed 12-8-20)

153.192 EASEMENTS.

(A) Utility lines. Easements for sewer lines, water mains, electric lines or other public utilities shall be as required by the serving entity, but in no case be less than 12 feet wide and centered on a rear and/or side lot line unless approved otherwise by the city. Utility pole anchor or guy wire easements may be reduced to six feet in width.

(B) Watercourses. If a lot is traversed by a watercourse, such as a drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of the watercourse, and such further widths as deemed necessary.

(C) Pedestrian and bicycle ways. When desirable for public convenience, a pedestrian and/or bicycle way of not less than five feet in width may be required to connect to a cul-de-sac or to pass through an unusually long or oddly shaped block, or to otherwise provide appropriate circulation and to facilitate pedestrian and bicycle traffic as an alternative mode of transportation.

(D) Sewer and water lines. Easements may also be required for sewer and water lines, and if so required, shall be provided for as stipulated to by the City Department of Public Works.

(Ord. 1180, passed 6-14-11)

153.193 LAND FOR PUBLIC PURPOSES.

(A) If the city has an interest in acquiring a portion of a proposed development for a public purpose, or if the city has been advised of the interest by a school district or other public agency, and there is reasonable assurance that steps will be taken to acquire the land, then the city may require that portion of the development be reserved for public acquisition for a period not to exceed one year.

(B) Subdivisions containing 20 or more residential lots may be required (based on size and potential density) to develop and dedicate to the public a parcel of land at least 5% of the gross area of the development for parks and recreation purposes. The parcel of land shall be determined to be suitable for the park and/or recreation purpose(s) intended. This land may be within the development or adjacent to the development on continuous property owned by the developer. Parks approved as part of a subdivision may not be used to satisfy obligations of adjacent subdivisions.

(C) In the event no such area is available that is found to be suitable for parks and/or recreation uses, the developer may be required, in lieu of setting aside land, to pay to the appropriate parks and recreation agency a sum of money equal to the market value of the area required for dedication, plus the additional funds necessary for the development thereof if so required; if such is required, the money may only be utilized for capital improvements by the appropriate parks and recreation agency.

(D) The foregoing land and development or a monetary contribution may be provided for in lieu of an equal value of systems development charge assessment if so approved by the collecting agency (Crook County Parks and Recreation) in accordance with the applicable provisions of the SDC Ordinance. If the collecting agency will not accept the land or monetary contribution in lieu of an applicable systems development charge, the land and development of a park may still be required by the city. Such a park would need to be managed with a homeowners association unless an alternate arrangement can be reached with Crook County Parks and Recreation.

(E) If the nature and design, or approval, of a development is such that over 30% of the tract of land to be developed is dedicated to the public such as parks, rights-of-way, water or sewer system facilities and the like, then the requirements shall be reduced so that the total obligation of the developer to the public does not exceed 35%.

(Ord. 1180, passed 6-14-11)

153.194 STREETS AND OTHER PUBLIC FACILITIES.

(A) Duties of developer. It shall be the responsibility of the developer to construct all streets, curbs, sidewalks, sanitary sewers, storm sewers, water mains, electric, gas, telephone, cable, and other utilities necessary to serve the use or development in accordance with the Standards and Specifications of the city and/or the serving entity.

(B) Underground installation of utility lines. All electrical, telephone or other utility lines shall be underground unless otherwise approved by the city.

(C) Location, width, and grade of streets. The location, width and grade of streets shall be considered in their relationship to existing and planned streets, to topographical conditions, to public convenience and safety and to the proposed use or development to be served thereby.

(D) Traffic circulation system. The overall street system shall assure an adequate traffic circulation system with intersection angles, grades, tangents and curves appropriate for the traffic to be carried considering the terrain of the development and the area, per the City’s Standards and Specifications.

(E) Street location and pattern. The proposed street location and pattern shall be shown on the development plan, and the arrangement of streets shall:

(1) Provide for the continuation or appropriate projection of existing principal streets to surrounding areas or adjacent lots;

(2) Conform to a plan for the general area of the development approved by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical; and

(3) Conform to the adopted Urban Area Transportation System Plan as may be amended.

(F) Minimum right-of-way and roadway widths. Unless otherwise approved in the tentative development plan, street, sidewalk and bike rights-of-way and surfacing widths shall not be less than the minimum widths set forth in the City’s Standards and Specifications. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be dedicated at the time of land division or development.

(G) Alignment. All streets, as far as practicable, shall be in alignment with existing streets by continuations of the centerlines thereof. Necessary staggered street alignment resulting in intersections shall, wherever possible, leave a minimum distance of 200 feet between the centerlines of streets of approximately the same direction, and in no case shall the offset be less than 100 feet.

(H) Future street extensions. Where necessary to give access to or permit future subdivision or development of adjoining land, streets shall be extended to the boundary of the proposed development or subdivision.

(I) Intersection angles. Streets shall be laid out to intersect at angles as near to right angles as practicable, and in no case shall an acute angle be less than 80 degrees unless there is a special intersection design approved by the City Engineer. Other streets, except alleys, shall have at least 50 feet of tangent adjacent to the intersection, and the intersection of more than two streets at any one point will not be approved.

(J) Inadequate existing streets. Whenever existing streets, adjacent to, within a tract or providing access to and/or from a tract, are of inadequate width and/or improvement standards, additional right-of-way and/or improvements to the existing streets may be required.

(K) Cul-de-sacs. A cul-de-sac shall terminate with a circular turnaround with a minimum paved surface and right-of-way determined by the City’s Standards and Specifications or Fire Code whichever is greater.

(L) Marginal access streets. Where a land development abuts or contains an existing or proposed arterial street, the city may require marginal access streets, reverse frontage lots with suitable depth, screen plantings contained in a nonaccess reservation strip along the rear or side property line or other treatments deemed necessary for adequate protection of residential properties and the intended functions of the bordering street, and to afford separation of through and local traffic.

(M) Streets adjacent to railroad or canal right-of-way. Whenever a proposed land development contains or is adjacent to a railroad or main canal right-of-way, provisions may be required for a street approximately parallel to the ROW at a distance suitable for the appropriate use of land between the street and the ROW. The distance shall be determined with consideration at cross streets of the minimum distance required for approach grades to a future grade separation and to provide sufficient depth to allow screen planting or other separation requirements along the ROW.

(N) Reserve strips. Reserve strips or street plugs controlling access to streets shall not be approved.

(O) Half streets. Half streets, while generally not acceptable, may be approved where reasonably essential to a proposed land development, and when the Commission or other reviewing authority finds it will be practical to require dedication and improvement of the other half of the street when the adjoining property is developed. Whenever a half street exists adjacent to a tract of land proposed for development, the other half of the street shall be dedicated and improved.

(P) Streets. All street design criteria shall conform to the City’s Standards and Specifications and state design standards as determined by the City Engineer.

(Q) Street names. Except for the extension of existing streets, no street names shall be used which will duplicate or be confused with the name of an existing street in the city or within a radius of six miles of the city or within the boundaries of a special service district such as fire or ambulance.

(R) Street name signs. Street name signs shall be installed at all street intersections by the developer in accordance with applicable city, county or state requirements. One street sign shall be provided at the intersection of each street, and two street signs shall be provided at four-way intersections.

(S) Traffic control signs. Traffic control signs shall be provided for and installed by the developer as required and approved by the appropriate city, county and/or state agency or department.

(T) Alleys. Alleys are not necessary in residential developments, but should and may be required in commercial and industrial developments unless other permanent provisions for access to off-street parking and loading facilities are approved by the city.

(U) Curbs. Curbs shall be required on all streets in all developments and with all new commercial and multifamily construction. Curbs shall be installed by the developer in accordance with the City’s Standards and Specifications unless otherwise approved by the city.

(V) Sidewalks. Unless otherwise required in this chapter or other city ordinances or other regulations, sidewalks shall be required as set forth hereinafter on all streets in all developments and with all new commercial and multifamily construction. In lieu of these requirements, however, the reviewing authority may approve a development without sidewalks if alternative pedestrian routes and facilities are provided.

(1) All streets. In general all streets shall have sidewalks at a minimum of five feet in width in residential and industrial areas and eight feet in width in commercial areas unless otherwise provided for in the applicable zone or conditional use approval.

(W) Bike lanes. Unless otherwise required in this chapter or other city ordinances or other regulations, bike lanes shall be required as follows, except that the Planning Commission may approve a development without bike lanes if it is found that the requirement is not appropriate to or necessary for the extension of bicycle routes, existing or planned, and may also approve a development without bike lanes in the streets if alternative bicycle routes and facilities are provided.

(1) Local streets. Bike lanes may be required on local streets, and if required shall not be less than five feet in width for one-way bike lanes and eight feet in width for two-way bike lanes.

(2) Collector streets. Bike lanes are required on both sides of major collector streets, and may be required on minor collector streets, and shall not be less than six feet in width.

(3) Arterial streets. Bike lanes are required on both sides of arterial streets, and shall not be less than six feet in width.

(X) Street lights. Street lights may be required and, if so required, shall be installed by the developer in accordance with standards set forth by the city and the serving utility company.

(Y) Utilities. The developer shall make necessary arrangements with the serving utility companies for the installation of all proposed or required utilities, which may include electrical power, natural gas, telephone, cable television and the like.

(Z) Drainage facilities. Drainage facilities shall be provided as required by the City’s Standards and Specifications.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.195 ACCESS MANAGEMENT.

(A) General. Access management restrictions and limitations consist of provisions managing the number of access points and/or providing traffic and facility improvements that are designed to maximize the intended function of a particular street, road or highway. The intent is to achieve a balanced, comprehensive program which provides reasonable access as new development occurs while maintaining the safety and efficiency of traffic movement.

(B) Access management techniques and considerations. In the review of all new development, the reviewing authority shall consider the following techniques or considerations in providing for or restricting access to certain transportation facilities:

(1) Access points to arterials and collectors may be restricted through the use of the following techniques:

(a) Restricting spacing between access points based on the type of development and the speed along the serving major collector or arterial.

(b) Sharing of access points between adjacent properties and developments.

(c) Providing access via a local order of street; for example, using a collector for access to an arterial, and using a local street for access to a collector.

(d) Constructing frontage or marginal access roads to separate local traffic from through traffic.

(e) Providing service drives to prevent spill-over of vehicle queues onto adjoining roadways.

(f) Requiring internal circulation with adjoining lots for pedestrians and vehicles (internal parcel circulation) to avoid additional access points and unnecessary trips on and off the public street.

(2) Consideration of the following traffic and facility improvements for access management:

(a) Providing of acceleration, deceleration and right-turn-only lanes.

(b) Offsetting driveways to produce T-intersections to minimize the number of conflict points between traffic using the driveways and through traffic.

(c) Installation of median barriers to control conflicts associated with left turn movements.

(d) Installing side barriers to the property along the serving arterial or major collector to restrict access width to a minimum.

(C) General access management guidelines. In the review and approval of new developments, the reviewing authority shall consider the following guidelines:

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.196 IMPROVEMENT PROCEDURES.

Improvements to be installed by the subdivider, either as a requirement of this chapter, conditions of approval or at the developer’s option as proposed as a part of the subject development proposal, shall conform to the following requirements:

(A) Plan review and approval. Improvement work shall not be commenced until plans therefor have been reviewed and approved by the City Engineer or a designated representative thereof and a "Notice to Proceed" has been issued by the city. The review and approval shall be at the expense of the developer.

(B) Modification. Improvement work shall not commence until after the city has been notified and approval thereof has been granted, and if work is discontinued for any reason, it shall not be resumed until after the city is notified and approval thereof granted.

(C) Improvements as platted. Improvements shall be designed, installed and constructed as platted or approved. Engineered plans shall be filed with the city prior to recordation of the final plat or as otherwise required by the city.

(D) Inspection. Improvement work shall be constructed under the inspection and approval of an inspector designated by the city, and the expenses incurred therefor shall be borne by the developer. The city, through the City Engineer, may require changes in typical sections and details of improvements if unusual or special conditions arise during construction to warrant such changes in the public interest.

(E) Utilities. Underground utilities, including, but not limited to, electric power, telephone, water mains, water service crossings, sanitary sewers and storm drains, to be installed in streets shall be constructed by the developer prior to the surfacing of the streets.

(F) As built plans. As built plans for all public improvements shall be prepared and completed by a licensed engineer and filed with the city upon the completion of all such improvements.

(Ord. 1180, passed 6-14-11)

153.197 COMPLETION OR ASSURANCE OF IMPROVEMENTS.

(A) Agreement for improvements. Prior to final plat approval for a subdivision, partitioning, PUD or other land development, or the final approval of a design review application, land use or development pursuant to applicable zoning provisions, the owner and/or developer shall either install required improvements and repair existing streets and other public facilities damaged in the development of the property, or shall execute and file with the city an agreement between him/herself and the city specifying the period in which improvements and repairs shall be completed and providing that, if the work is not completed within the period specified, the city may complete the work and recover the full costs thereof, together with court costs and attorney costs necessary to collect the amounts from the developer. The agreement shall also provide for payment to the city for the cost of inspection and other engineer services directly attributed to the project.

(B) Bond or other performance assurance. The developer shall file with the agreement, to assure his/her full and faithful performance thereof, one of the following, pursuant to approval of the City Attorney and City Manager, and approval and acceptance by the City Council:

(1) A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

(2) A personal bond co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of the ability to proceed in accordance with the agreement.

(3) Cash deposit.

(4) Such other security as may be approved and deemed necessary by the City Council to adequately assure completion of the required improvements.

(C) Amount of security required. The assurance of full and faithful performance shall be for a sum approved by the city as sufficient to cover the cost of the improvements and repairs, including related engineering, inspection and other incidental expenses, plus an additional 20% for contingencies.

(D) Default status. If a developer fails to carry out provisions of the agreement, and the city has unreimbursed costs or expenses resulting from the failure, the city shall call on the bond or other assurance for reimbursement of the costs or expenses. If the amount of the bond or other assurance deposit exceeds costs and expenses incurred by the city, it shall release the remainder. If the amount of the bond or other assurance is less than the costs or expenses incurred by the city, the developer shall be liable to the city for the difference plus any attorney fees and costs incurred.

(Ord. 1180, passed 6-14-11)

153.198 BUILDING AND OCCUPANCY PERMITS.

(A) Building permits. No building permits shall be issued upon lots to receive and be served by sanitary sewer and water service, streets as improvements and other required site improvements required pursuant to this chapter unless the improvements are in place, serviceable and approved by the city, and the service connections fees therefor are paid, or all such cost and improvements are bonded for or otherwise assured as set forth by § 153.197 and accepted by the city.

(B) Sale or occupancy. All improvements required pursuant to this chapter and other applicable regulations or approval conditions shall be completed, in service and approved by the city, or be bonded for or otherwise assured as set forth by § 153.197 and accepted by the city prior to sale or occupancy of any lot, parcel or building unit erected upon a lot within the subdivision, partitioning, PUD or other development.

(Ord. 1180, passed 6-14-11)

153.199 MAINTENANCE SURETY BOND.

Prior to sale and occupancy of any lot, parcel or building unit erected upon a lot within a subdivision, partitioning, PUD or other development, and as a condition of acceptance of improvements, the City Council may require a one-year maintenance surety bond in an amount not to exceed 20% of the value of all improvements, to guarantee maintenance and performance for a period of not less than one year from the date of acceptance.

(Ord. 1180, passed 6-14-11)

153.200 ENGINEERING/SPECIAL SERVICES FOR REVIEW.

In regards to any development proposal for which the city deems it necessary to contract for engineering and/or other special technical services for the review thereof or for the design of facility expansions to serve the development, the developer may be required to pay all or part of the special services. In such cases, the choice of the contract service provider shall be at the discretion of the city, and the service provider shall perform the necessary services at the direction of the city. The costs for the services shall be determined reasonable, and an estimate of the costs shall be provided to the developer prior to contracting therefor.

(Ord. 1180, passed 6-14-11)

153.201 TRANSPORTATION IMPACT ANALYSIS (TIA).

(A) Purpose statement. The purpose of this section is to coordinate the review of land use applications with roadway authorities and to implement applicable sections of the State Transportation Planning Rule, which requires the city to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities.

The following provisions establish when a traffic impact analysis must be submitted to determine whether conditions are needed to minimize impacts to and protect transportation facilities, the required contents of a traffic impact analysis, and who is qualified to prepare the analysis.

(B) When a Transportation Impact Analysis (TIA) is required. The city or other road authority with jurisdiction (county or state) may require a TIA as part of an application for development, a change in use, or a change in access. Additionally, a TIA may be required where a change of use or a development would involve one or more of the following:

(1) A change in zoning or a Comprehensive Plan amendment designation;

(2) Operational or safety concerns documented in writing by a jurisdictional authority;

(3) An increase in site traffic volume generation by 300 or more average daily trips (ADT) or 20 p.m. peak trips:

(4) An increase in peak hour volume of a particular movement to and from a street or highway by 20 percent or more;

(5) The development is expected to impact intersections that are currently operating at the upper limits of the acceptable range of level of service during the peak operating hour.

(6) The development is expected to significantly impact adjacent streets and intersections that have previously been identified as high crash locations.

(7) The development has the potential to impact key walking and biking routes, including, but not limited to, school routes and multimodal street improvements identified in the Transportation System Plan, Parks Master Plan or other city approved plan.

(8) An increase in the use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by ten vehicles or more per day;

(9) Existing or proposed approaches or access connections that do not meet minimum spacing or sight distance requirements as described by the city’s Transportation System Plan or the city’s Standards and Specifications Manual, or are located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard;

(10) A change in internal traffic patterns that may cause concern;

(11) A TIA required by ODOT pursuant to OAR 734-051; or

(12) Other potential transportation needs or concerns as requested by City Engineer or county or state jurisdictional authority.

(C) TIA preparation. The TIA shall be prepared by a professional engineer with competence in traffic engineering, licensed in the state of Oregon. Prior to beginning work on the TIA, the applicant shall have a pre-scoping discussion with the city and/or other jurisdictional authorities to ensure that the proposed TIA scoping area and all required elements are included in the TIA.

(D) Traffic Analysis Letter (TAL). The city may require the completion of a TAL in cases where a full TIA may not be required. The TAL is to be prepared by or prepared under the direct supervision of a professional engineer, licensed in the state of Oregon.

(E) Approval criteria. The TIA shall be reviewed according to the following criteria:

(1) The analysis complies with the content requirements set forth by the city and/or other jurisdictional authorities as appropriate;

(2) The study demonstrates that adequate transportation facilities exist to serve the proposed land use action or identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the jurisdictional authority;

(3) For affected city facilities, the study demonstrates that the project meets mobility and other applicable performance standards established in the city’s Comprehensive Plan; Land Development Code; Transportation System Plan; and the city’s Standards and Specifications Manual and includes identification of multi-modal solutions used to meet these standards, as needed; and

(4) Proposed design and construction of transportation improvements are in accordance with the design standards and the access spacing standards specified in the city’s Comprehensive Plan; Land Development Code; Transportation System Plan; and the city’s Standards and Specifications Manual.

(F) Conditions of approval.

(1) The city may deny, approve, or approve a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for planned improvements; and require construction of improvements to ensure consistency with the future planned transportation system.

(2) Construction of off-site improvements, including those related to bicycle and pedestrian facilities, may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to city standards.

(3) Where the existing transportation system is shown to be impacted by the proposed use, improvements such as paving; curbing; installation of or contribution to traffic signals; and/or construction of sidewalks, bikeways, access ways, paths, or streets that serve the proposed use may be required.

(4) Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.

(5) If the TIA identifies level of service conditions less than the minimum standard established in the Transportation System Plan or the city’s Standards and Specifications document, improvements and funding strategies mitigating the problem shall be considered concurrent with the development proposal.

(6) Some required public improvements may be eligible for deferral, under the Land Development Code and/or the city’s Standards and Specifications document.

(7) Requests to modify adopted right-of-way or cross section widths shall be reviewed and approved by the City Engineer. If part of a land use application, the request shall be processed as a variance to public access requirements concurrently with the type of land use application being processed.

(Ord. 1304, passed 9-23-25)