§ 13-209. STREET IMPROVEMENTS WAIVER. INFILL AREAS.

(a) Street improvement requirements for paving adjacent to lots with frontage on existing paved streets or alleys which are not paved in accordance with the adopted standard specifications may be waived pursuant to the procedures of Section 13-216 if the Director determines as follows:

(1) The property is zoned for residential uses.

(2) The property is located in an infill area of the city where the property in the general vicinity is substantially developed.

(3) More than fifty percent of the entire width of the street or alley upon which the property is located, between the nearest intersecting streets, is paved in a manner which is not in accordance with the adopted standard specifications.

(4) The frontage of the development constitutes less than fifty percent of the adjacent street or alley frontage between two intersecting streets, or is less than six hundred feet.

(5) The granting of the waiver will not be materially detrimental to the public welfare, safety or convenience, and will not adversely affect the rights of adjacent property owners or occupants, or be injurious to property or improvements in the area of the requested waiver.

(b) In all cases in which a waiver is granted, concrete curb and gutter must be installed in accordance with subsection (e) of Section 13-208. If the curb and gutter cannot be installed to planned line and grade without removal of existing paving, transitional pavement shall be required to conform to the new concrete improvements. Whenever concrete improvements are installed, paving shall be installed from the concrete improvements to the edge of existing paving.

(c) No waivers shall be permitted on major streets and for subdivisions or parcel maps consisting of more than four parcels. (Added Ord. 80-175, § 1, eff. 1-9-81; Am. Ord. 81-22, § 1, eff. 3-3-81; Am. Ord. 87-58, § 1, eff. 6-26-87).