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A. Building on Arterial and Collector Streets. Before a building permit can be issued to construct any main building or to increase the floor area of any existing building on any property fronting on an arterial street, the owner of the lot shall execute and deliver to the city a recordable covenant running with the land to the effect that, if the city subsequently undertakes a project to construct a public pedestrian sidewalk along street frontage which includes the subject property’s frontage, on the basis of assessing the cost to abutting properties in proportion to special benefits, neither the owner of the subject property nor his successors in interest shall file or cause the filing of any remonstrance against the project as it relates to the construction of the proposed walk; provided, that the walk proposed to be constructed must extend as one continuous walk (except when crossing an intersecting street) and either extend:

1. For an entire block, or the full distance from one intersecting street to the next; or

2. For not less than 1,000 feet and from an intersecting street to the end of a property’s frontage; or

3. When for purposes of extending either an existing walk, or a walk to be constructed under this subsection, that connects to a street intersection, for not less than 500 feet.

The path shall consist of a six-foot-wide, durable, dust-free surface of asphaltic concrete, or Portland cement concrete, and shall be constructed at an elevation and location approved by the city. If the pedestrian walk is to be within a right-of-way not under the jurisdiction of the city, the state or the county, as the case may be, shall have the right to establish the standards, specifications, elevations and location of the path.

B. Building on All Other Streets.

1. Before a building permit will be issued for the construction of a new single-family dwelling, or the placement of a mobile home, or the construction of an additional dwelling unit on a lot with an existing unit or units, within property with frontage on a street (other than an arterial), which is not yet improved to city standards, the owner of the property shall either install the improvements required for exterior unimproved streets adjacent to minor land partitions or shall sign a recordable agreement to consent to the improvements when the city forms a local improvement district to improve the street.

2. Before a building permit will be issued for the construction of a duplex, multiple-family dwelling or other high-density residential building, not requiring subdivision or land partitioning, or the construction of any main building on a commercial or industrial lot, on property with frontage on a street (other than an arterial) which is not yet improved to city standards, the owner of the property shall covenant with the city to install the improvements required for exterior subdivision streets and sidewalks in conformance with TMC 17.20.060.

C. Development Standards. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of this chapter and TMC 17.20.020.

D. Variances. Variances to the transportation design standards in this section may be granted as governed by Chapter 18.160 TMC. A variance may be granted under this provision only if a required improvement is not feasible due to topographic constraints or constraints posed by sensitive lands.

E. Creation of Access Easements. The city may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with this chapter. Access easements shall be created and maintained in accordance with the fire code standards.

F. Development Adjoining Arterial and Collector Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through traffic, and shall minimize traffic conflicts. The design shall include one or more of the following:

1. A parallel access street along the arterial with a landscape buffer separating the two streets;

2. Deep lots abutting an arterial or collector street will provide adequate buffering with frontage along another street. Double-frontage lots shall conform to the buffering standards in TMC 18.115.060(F)(5);

3. Screen planting at the rear or side property line to be contained in a nonaccess reservation (e.g., public easement or tract) along the arterial; or

4. Other treatment suitable to meet the objectives of this subsection;

5. If a lot has access to two streets with different classifications, primary access shall be from the lower classification street, in conformance with this chapter. [Ord. 966 § 2 (Exh. B), 2021.]