Dedication: Dedication of property for street right-of-way purposes is required when the existing street right-of-way width is less than the width specified and when new street improvements are to be installed. In most cases, the required dedication will be equal to half the difference between the existing street right-of-way width and the minimum required street right-of-way width. Refer to Chapter 23.53 of the Land Use Code for a full statement of dedication requirements.
Setback: A setback is permitted in lieu of a dedication when there is no requirement for the installation of curb, sidewalk, and pavement improvements, or a curb already exists. In most cases, site improvements must be set back from the existing street right-of-way line an amount equal to the required dedication. However, in all residential zones except Highrise (HR) zones an additional 3-foot setback is also required.
The area of the setback may be used to meet land use development standards, except for required parking. (The setback may be included within other setbacks required by the Land Use Code.) It may also be used for other purposes which would not interfere with future street improvements. Underground structures may be located in the setback area, when approved by the Director of Transportation. Refer to Chapter 23.53 of the Land Use Code for a full statement of setback requirements.
No-Protest agreement for future improvements:
When the street right-of-way width or roadway width is less than required and no improvements for new pavement or curb are required, a No-Protest Agreement shall be provided in lieu of improvements. A No-Protest Agreement is a document signed by the property owner signifying agreement not to object to the formation of a Local Improvement District (LID) for constructing and paying for future street improvement.