§ 27-250. Required right-of-way on property not required to be platted.

(a)

A building permit shall not be issued for any nonagricultural building or structure on land not required to be platted which abuts a street having less than 25 feet of right-of-way in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures:

(1)

Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication.

(2)

Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat or deed of dedication.

(b)

A right-of-way over and above 30 feet as may be required by class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication of land may be approved. Such approval shall be by the unified government board of commissioners after recommendation by the unified government engineer.

(Code 1988, § 27-507; Ord. No. 64690, § 1(27-91.3(C)), 8-30-1984)