§ 33-46. Permits to issue for lots on public road only.

No permit shall be issued for a building or use on a lot, plot, tract, or parcel in any district until that portion of the applicant's lot, plot, tract, or parcel lying within the required official zoned right-of-way has been dedicated to the public for road purposes, and standard pavement improvements have been made, bonded for or an improvement agreement signed prior to building permit issuances except as otherwise provided in Sections 33-133(C), (D) and (E) herein. Any deviation from this section shall require a non-use variance pursuant to the provisions of Section 33-311 of the Code.

Any lot, plot, tract or parcel under single ownership is exempt from the provisions of this section where that lot, plot, tract, or parcel (a) is located outside the Urban Development Boundary (as shown on the Comprehensive Development Master Plan); (b) is to be used only for agricultural or residential purposes; and (c) is not located adjacent to a zoned section line road.

Where a site plan for a multiple-family housing development, apartment development, or apartment hotel development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the Department, it shall be exempt from the provisions of this section, except that if full right-of-way dedications or improvements as required by the Public Works Department are lacking, the same shall be provided or a non-use variance obtained.

(Ord. No. 57-19, § 30(B)(6), 10-22-57; Ord. No. 69-50, § 1, 9-3-69; Ord. No. 80-71, § 2, 7-1-80; Ord. No. 81-106, § 1, 9-17-81; Ord. No. 82-69, § 1, 7-20-82; Ord. No. 94-28, § 1, 2-1-94; Ord. No. 95-215, § 1, 12-5-95)