Phased Development in Same Ownership.
Where the abutting properties are in the same ownership, no subdivision plat or site
plan shall be approved unless all building sites within the affected area are made
subject to the necessary easements, agreements and stipulations required by this Part,
which shall be recorded as a binding lot agreement prior to the issuance of any Building
Permits.
Leasing Situations.
Where individual building site(s) within an overall development site are leased rather
than owned fee-simple, the development site shall be subject to all requirements of
this Part. The owner of the development site and the lessee of the building site shall
be jointly and individually responsible for compliance with these requirements. Failure
to comply shall be considered a violation of this Chapter subject to enforcement in
accordance with Chapter 5 of the City Code. In such cases, citations of violation
shall be issued both to the owner of the development site, and to all lessees within
the affected area.
Abutting Properties in Different Ownership.
Where the abutting properties are in different ownership cooperation between the various
owners is encouraged but not required. Only the building site(s) under consideration
for development approval shall be required to be subject to the necessary easements,
agreements and stipulations required by this Part which shall be recorded as a Binding
Lot Agreement prior to the issuance of any Building Permits. Abutting properties developed
at a later date shall at that time provide unified access and circulation, together
with all necessary easements, agreements and stipulations.
Where Unified Access and Circulation Is Not Practical.
The Planning Official in coordination with the Public Works Director shall be authorized
to modify the requirements of this Part where he finds that abutting properties have
been so developed that it is clearly impractical to create a unified access and circulation
system within part or all of the affected area.
(Ord. of 9-16-1991, Doc. #25098)
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