These changes are in line with the effort to continue process improvements in public works permitting, specifically regarding the public works appeals process. A public works administrative appeal committee was formed December 1, 2011. The committee is charged with documenting appeal decisions and reviewing commonly approved appeals after a one year period.
Effective February 1, 2014, properties meeting all of the following shall be granted an administrative exception in lieu of meeting TRN- 1.09 for pedestrian corridor design configuration:
- Zoned residential RM1, RM2, R-2.5, R-5, R-7, R-10, R-20, RF or any Industrial zone.
- Any Building Permit must be in conformance with Land Use decisions made for the site;
- The abutting street is classified in the City’s Transportation System Plan as a Local Service traffic street and local service walkway;
- Existing sidewalk is built to within 1-foot of the pedestrian through zone standard width identified in the City’s TRN-1.09 within the property’s public right of way frontage; or in the case of a curb tight sidewalk configuration the sidewalk width is a minimum of 6-feet and utility poles are located behind sidewalk;
- The existing furnishing zone (including the curb) is at least 3-feet wide or where a minimum 6-foot width curb tight sidewalk exists and there are no current or anticipated furnishings within the sidewalk;
- The sidewalk corridor (curb, furnishing zone, sidewalk and frontage zone) is the same configuration the full length of the block (intersection to intersection) along the side of the street upon which the property is located; and,
- Is not located within a designated Pedestrian District or in an area with an adopted street plan.
If 1-7 above are all met the existing sidewalk configuration will be accepted as the standard sidewalk configuration for the block length. No additional right of way dedication will be required provided no fences or walls are located closer than 1-foot from the back of sidewalk. Properties on corner lots shall have frontages evaluated separately.
All construction must be within substantial conformance of any determination made under this rule.
Once a determination has been made by PBOT staff, the Alternative Review Committee, Panel, or Board, this decision may allow determinations for other properties on the block after PBOT staff review. A block, for the purposes of this rule, includes both block faces from intersection to intersection.
A block, for the purposes of this rule, includes both block faces from intersection to intersection.
An existing single-family home may be replaced with a new single-family home without triggering right-of-way dedications consistent with all of the following:
- The new home is subject to permit requirements needed to accommodate new construction (i.e. driveway construction permits);
- The new home is on a lot that cannot be further subdivided and/or permit additional single-family dwellings to be constructed; and
- As determined by the City Engineer, improvements may be required within the existing right-or-way in order to connect to and be consistent with immediately adjacent properties.
As determined by PBOT staff, typical frontage improvements for residential development on existing flag lots with a pole width of less than 25-feet may not be required where frontage improvements do not exist or meet standards on the lot immediately adjacent to the pole and there is not an established curb/sidewalk pattern along the block.
Planned Unit Developments (PUD’s):
New single-family homes on vacant lots within existing PUD’s in which at least 90% of the homes have been built may be constructed with improvements consistent with the established improvements within the development in lieu of typical frontage requirements.
The applicant is responsible for documenting the 90% development threshold to the satisfaction of PBOT Staff.
Existing Sidewalk Corridors:
Properties with existing sidewalk configurations that exceed current corridor requirements will be accepted as the standard sidewalk configuration for the property and will not require modification.
This rule may be applied by PBOT staff at time of building plan review with an administrative exception granted. This rule is intended to provide a timely review of development and to minimize permitting delays.
Upon implementation of a Local Transportation Infrastructure Fee, any building permit issued after implementation and adoption of an LTIF will be subject to the fee.
A property on a local service traffic street and local service walkway, zoned R-5, with an existing frontage consisting of a 3-foot furnishing zone and a 5-foot sidewalk along the entire block.
TRN 1.09 requires a 4-foot planting strip and 6-foot sidewalk.
This rule allows this configuration to remain for redevelopment purposes with no public works appeal required.
Pursuant to Rulemaking Authority under 3.12.
Adopted by Director of Bureau of Transportation April 12, 2013.
Filed for inclusion in PPD April 12, 2013.
Amended by Assistant Director of Bureau of Transportation February 11, 2014.
Amended by Assistant Director of Bureau of Transportation June 15, 2015.
Amended by Director of Bureau of Transportation November 12, 2020.