§ 138-97. Construction of sidewalks, driveways and curbs in multifamily residential, commercial and industrial zoning districts.

(a)

Before any building permit shall be issued for the construction of any structure on property within any planned development-housing (PD-H) district or any zoning district which permits multifamily residential, commercial or industrial uses, the owner shall agree to construct or have constructed sidewalks, driveways and curbs on all public streets within and abutting the property. This subsection does not apply to property already having such improvements in a condition satisfactory to the commissioner of public works. Failure to construct these improvements shall be grounds for denial of occupancy or use of the improvements constructed on the property. The director, bureau of buildings shall not issue an occupancy permit until the improvements are made. The plans and specifications for the sidewalks, driveways and curbs shall be submitted to and approved by the commissioner of public works prior to the issuance of the building permit.

(b)

The requirements of subsection (a) of this section may be waived by the commissioner of public works upon a showing by the applicant of sufficient evidence that the proposed work includes only site improvements and no new construction of new occupiable space.

(c)

The commissioner of public works may, in the commissioner's discretion, require the installation of curbs on property exempted pursuant to subsection (b) of this section in conformance with city standards if such is required for proper storm drainage on the abutting or adjacent properties.

(Code 1977, § 9-3092; Ord. No. 1996-28, § 1, 5-28-96; Ord. No. 2001-22, § 1, 3-14-01)