Skip to main content
Loading…
This section is included in your selections.

(1) Assessment of Served Properties.

(a) Except as otherwise provided in this section 7.180, all residential and nonresidential parcels served by a street to be improved shall be assessed for the assessable street improvement components. The cost for the assessable street improvement components for each parcel served by the improvement shall be apportioned in accordance with section 7.175 and subsections 7.180(2) through (5).

(b) Even if a parcel is not served by a street being improved, if a parcel is subject to a recorded petition for street improvements as described in section 7.160, it shall be assessed for street improvements, or the person who obtains a permit to develop such a parcel shall pay an equivalent assessment under the circumstances described in subsection 7.180(5). When a parcel is served by two or more streets, the parcel is served by a street when the parcel uses that street for its address. A duplex on a corner lot, or a vacant corner lot that may be developed with a duplex shall be deemed to be served by both streets.

(2) Assessable Street Improvement Components.

(a) Except as provided in section 7.175(1), assessable components of street improvements include driveway aprons, a share of the improvements to the traveled way from back of curb to back of curb as provided in subsections 7.180(3) and 7.180(4) (including, but not limited to street structure of a thickness determined by the city engineer, lanes for vehicular use, parking and parking bays); curbs; gutters; catch basins, piping and other features necessary to remove and treat or cleanse storm water from the improved surfaces; and other related features.

(b) Where the width of the street improvement varies within the improvement district or the improvement includes special features that abut fewer than all of the parcels in the improvement district, the city engineer shall determine whether the additional width or special features specially benefit specific parcels or benefit the improvement district generally, and parcels shall be assessed for additional width or special features in accordance with the engineer’s determination.

(c) Assessable components of a local street improvement may include street lights and street trees if they are within the scope of the improvement project. The assessable thickness of a local street structure shall be the full thickness determined by the city engineer to be appropriate for the permissible uses of the parcels abutting the street.

(d) Assessable components of an arterial or collector street improvement may include a portion of the street trees planted as part of the improvement project. The assessable thickness of street structure for an arterial or collector street shall be the thickness determined by the city engineer to be the equivalent of the thickness appropriate for predominantly local street use. In addition to assessment for curb, gutter, sidewalks and driveway aprons, parcels assessed for improvements to an arterial or collector street shall be assessed for a portion of the pavement and the associated pavement drainage system (catch basins, connecting pipes and other drainage facilities).

(3) Residential Properties.

(a) For purposes of this section 7.180, “residential property” means a parcel with residential zoning that is either vacant or developed with a single family, duplex or multi-family structure.

(b) A parcel served by a local street to be improved shall be assessed for a maximum of 17 feet of pavement width and associated drainage system. As used in this subsection, “local street” means any street not designated as an arterial or collector street on the Street Classification Map adopted on November 22, 1999, or as subsequently amended.

(c) A parcel served by an arterial or collector street to be improved shall be assessed according to the functional classification of the street, as follows:

1. Major arterial – no paving or drainage.

2. Minor arterial – 3-1/2 feet of pavement width and associated drainage system for the portion of pavement to be assessed.

3. Major collector – 7 feet of pavement width and associated drainage system for the portion of pavement to be assessed.

4. Neighborhood collector – 10 feet of pavement width and associated drainage system for the portion of pavement to be assessed.

As used in this subsection, “major arterial,” “minor arterial,” “major collector,” and “neighborhood collector” mean streets or travel corridors designated by one of those terms in the city’s or county’s adopted comprehensive transportation plan, in an adopted arterial/collector street plan, or if not so designated, which the city engineer determines to function in the capacity of one of the four classifications.

(d) Except when special circumstances exist that are identified in the resolution creating a local improvement district, assessments for street improvements shall be based on the cost per Residential Assessment Unit (RAU). The cost per RAU shall be determined by dividing the total costs apportioned to the residential properties by the total number of RAUs within the local improvement district.

(e) Non-Vacant Parcels.

1. For purposes of this subsection 7.180(3), a parcel, regardless of size, is non-vacant if it contains a single family, duplex, triplex or multi-family dwelling structure.

2. Parcels with a single family, duplex or triplex shall be assessed the cost of one RAU. Parcels with a single family, duplex, or triplex located on a previously improved dead end street or cul-de-sac shall be assessed the cost of .75 RAU.

3. Parcels with more than three dwelling units shall be assessed the cost of .25 RAU per dwelling unit. Parcels with more than three dwelling units located on a previously improved dead end street or cul-de-sac shall be assessed the cost of .1875 RAU per dwelling unit.

(f) Vacant Parcels.

1. For purposes of this section, “vacant parcel” means a parcel that is not a “non-vacant” parcel as defined in subsection 7.180(3)(e).

2. Vacant parcels of less than one-half acre in low density or single-family residential zones shall be assessed for the minimum number of dwelling units required in the zone by multiplying the minimum required number of dwelling units for the zone by the cost per RAU.

3. Vacant parcels of less than one-half acre in zones other than low density or single-family residential zones shall be assessed for the minimum number of dwelling units required in the zone by multiplying the minimum required number of dwelling units for the zone by the cost of .25 RAU.

4. Vacant parcels of one-half acre or larger shall not be assessed at the time of the street improvement, but the person who receives a permit to develop such a parcel shall pay an equivalent assessment when required by and in accordance with subsection 7.180(5) and 7.407 of this code.

(4) Non-Residential Properties.

(a) For purposes of this section 7.180, “non-residential property” means a parcel that is not a “residential parcel” as that term is defined in subsection 7.180(3)(a).

(b) A parcel served by a local street to be improved shall be assessed for a maximum of 22 feet of pavement. A parcel served by an arterial or collector street to be improved shall be assessed for a maximum of 10 feet of pavement width and associated drainage system. The street classifications shall have the meanings provided in subsection 7.180(3).

(c) Except when special circumstances exist that are identified in the resolution creating a local improvement district, assessments for street improvements shall be based on the total area of the property multiplied by the area unit cost plus the total linear front footage multiplied by the front unit cost. The area unit cost is determined by dividing half of the apportioned assessable costs of the improvement by the total assessable area of all lots included in the improvement district. The frontage unit cost is determined by dividing half of the apportioned assessable costs of the improvement by the total assessable frontage of all lots included in the improvement district. For parcels located on dead end streets or cul-de-sacs that have been previously improved, assessments for street improvements shall be based on three-quarters of the total area of the property multiplied by the area unit cost plus three-quarters of the total linear front footage multiplied by the front frontage unit cost.

(d) Vacant parcels of one-half acre or larger shall not be assessed at the time of the street improvement, but the person who receives a permit to develop such a parcel shall pay an equivalent assessment when required by and in accordance with subsection 7.180(5) and 7.407 of this code. “Vacant parcel” means a parcel that has no structure designed or used for human residence, business, industry or other occupancy, or any physical alteration to the land designed, used or intended to serve such a structure or a business or other use whose employees or customers access the structure or business or other use from a street.

(5) Equivalent Assessment.

(a) For purposes of this subsection (5), the minimum required number of dwelling units shall be based on the minimum dwelling units per acre required for the zone.

(b) The equivalent assessment for residential parcels in low density or single-family residential zones not assessed at the time of the street improvement shall be determined by multiplying the minimum required number of dwelling units for the zone by the cost per RAU.

(c) The equivalent assessment for residential parcels in zones other than low density or single-family residential zones not assessed at the time of the street improvement shall be determined by multiplying the minimum required number of dwelling units by the cost of .25 RAU.

(d) The equivalent assessment for non-residential parcels not assessed at the time of the street improvement shall be based on the total area of the property multiplied by the area and cost plus the total linear front footage multiplied by the front unit cost.

(e) Except as provided in subsection 7.180(5)(f), the equivalent assessment shall be calculated, reviewed and paid as provided in section 7.407 of this code before any of the following occurs:

1. A permit is issued authorizing construction of a new driveway access to the street;

2. A permit is issued authorizing construction of a new street that connects the parcel to the street;

3. Any partition, subdivision or development of the parcel regulated by Chapter 9 of this code is approved; or

4. Construction of a new structure capable of human occupancy.

(f) A person who receives a permit to develop a vacant parcel of one-half acre or more before improvements to a local street serving the parcel have been constructed shall not pay an equivalent assessment when the permit is received, but the parcel shall be assessed as otherwise provided in section 7.175 and 7.180 of this code when the street improvements are constructed.

(g) A person who receives a permit to develop a vacant parcel of one-half acre or more, whether before or after the improvements to an arterial or collector street serving the parcel have been constructed, shall pay an equivalent assessment in accordance with section 7.407 and subsection 7.180(5)(e).

(h) Revenue received as payment of an equivalent assessment required by this subsection shall be used for street purposes and shall be in addition to all other fees and assessments required by this code.

(Section 7.180 added by Ordinance No. 20469, enacted December 15, 2010, effective June 17, 2011.)