[1]
Editor's Note: Former Section 32-13, License–required; application; fee; expiration, adopted as § 5-1.3 of the 1955 Code, amended by Ord. No. 426 and 3-4-2009 by Ord. No. 1530, was repealed 10-7-2015 by Ord. No. 1662.
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Editor's Note: Former Section 32-14, which pertained to license application requirements, adopted as § 5-1.2 of the 1955 Code, as amended by Ord. No. 426, 1-3-1990 by Ord. No. 995, and 10-7-1992 by Ord. No. 1069, was repealed 3-4-2009 by Ord. No. 1530.
[Code 1955, § 5-1.3; Ord. No. 1530, 3-4-2009]
No person shall construct or repair any sidewalk, crosswalk, driveway approach or curb without first obtaining a written permit from the City Engineer. Before a permit is issued, the applicant shall pay a permit fee as established by resolution of City Council.
[Code 1955, § 5-1.3]
No person shall construct or repair any sidewalk, crosswalk, driveway approach or curb, except in accordance with the line, grade, slope and specifications established in this chapter. The City Engineer shall set proper grade and line stakes for such walks whenever the same shall have been permitted or ordered.
[Code 1955, § 5-1.5]
All sidewalks shall be constructed in accordance with the specifications on file in the office of the City Engineer.
[Ord. No. 1530, 3-4-2009; amended 1-17-2018 by Ord. No. 1720]
(a) ENFORCING OFFICER FRONT YARD RESIDENCE RIGHT-OF-WAY SIDE YARD SIDEWALK
Definitions.
The Director of Community and Neighborhood Services or its authorized representative.
The dimension along the front line of the residence and the right-of-way extending the full width of the lot. On a corner lot, the narrowest lot dimension along a right-of-way shall be deemed the front yard.
A newly constructed building or structure of four dwelling units or less, constructed and designed for residential occupancy.
The open, unoccupied space between the traveled portion of the roadway and the front yard or side yard lot line of the residence.
The dimension along the right-of-way extending from the front yard to the rear yard. On a corner lot, the widest lot dimension along a right-of-way shall be deemed the side yard.
A path designed for pedestrian or bicycle travel of Portland cement, brick pavers, or other material being deemed similar by the City Engineer and constructed in accordance with the specifications of the City Engineer effective on the date of the issuance of a building permit for the construction of the residence or other structure.
(b)
Construction of sidewalks; residential requirement; other.
(1)
Commencing on August 7, 1991, all residences in the City shall be constructed with a sidewalk in the right-of-way abutting and extending the width of the front yard. All residences constructed on corner lots shall be constructed with a sidewalk in the right-of-way abutting and extending the width of the front yard and side yard of the lot of the residence. Sidewalks shall be constructed to extend and connect adjacent and adjoining sidewalk installations or shall be installed within the right-of-way as determined by the City Engineer.
(2)
Notwithstanding the foregoing provisions of Subsection (b)(1) hereof, all residential structures containing more than four units, churches, schools, commercial uses, or any other developments which are required to install sidewalks as a condition of subdivision approval, site plan approval, restrictive covenant, or development agreement, shall construct sidewalks as required at the time of approval.
(c)
Issuance of certificate of occupancy. The enforcing officer shall not issue a certificate of occupancy unless the residence shall comply with the provisions of this section. The enforcing officer may issue a conditional certificate of occupancy if compliance with this section is rendered reasonably impracticable or impossible by weather, seasonal construction limitations, or pending construction in the right-of-way. The duration of a conditional occupancy permit shall not exceed six months beyond the date of occupancy when issued for weather or seasonal reasons, nor six months beyond the completion of construction for other reasons. Occupancy of a residence or structure beyond the expiration of the conditional occupancy permit shall constitute a violation of this section.
(d)
Administrative variances. If a property owner clearly demonstrates that literal enforcement of this section is impractical or will impose undue hardship in the use of the residence because of peculiar conditions pertaining to his or her land, the City Manager may permit a variance as he or she administratively determines to be reasonable and within the general purposes of this section and chapter upon application of the criteria set forth in Subsection (e) hereof. In the event the City Manager determines to grant the request for variance, the City Manager shall file a report with the City Council delineating the findings of fact and conclusions for the grant of variance. The variance shall be effective within 30 days of the filing of the report by the City Manager unless the City Council shall reverse the determination of the City Manager.
(e)
Criteria for variances; findings; conditions.
(1)
City Manager considerations. In making an administrative determination to grant a variance, the City Manager shall consider the following:
a.
The location of existing sidewalk and its proximity to the sidewalk to be constructed for the residence;
b.
The existence of grades, open ditches, and topographical features of the lot which would render the construction of sidewalk impractical or constitute an unreasonable hardship;
c.
Special circumstances or conditions, including but not limited to lot size, configuration, and proximity of inconsistent uses which would mitigate against the strict application of this chapter;
d.
The anticipated construction of sidewalk by the City, private property owners, or developers within reasonable proximity of the residence.
(2)
Provisions to grant variance. No variance shall be granted unless the City Manager finds that:
a.
There are special circumstances or conditions affecting the property of the residence such that the strict application of the provisions of this chapter would deprive the owner of the reasonable use of his or her land.
b.
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
c.
The granting of the variance will not be detrimental to public health, safety, or general welfare and would not create a precedent which would prevent the enforcement of the ordinance for similar conditions or situations in the area in which the residence is located.
(3)
Conditions. In permitting any such variance, the City Manager may impose such conditions as shall be necessary to secure the objects of this section or to preserve the public health, safety, and general welfare.
(4)
Recommendation of City Engineer and other staff. In reviewing the request for a variance, the City Manager may request input and recommendations from the City Engineer or other departments of the City.
(5)
Denial of variance. Upon the denial of a variance by the City Manager, an aggrieved party may appeal the denial to the City Council within 21 days of the date of denial. The City Council shall conduct a public hearing, at which time the aggrieved party may present reasonable evidence to support the request for a variance. The Council shall apply the criteria set forth in Subsection (e)(1) hereof, and shall grant a variance only upon the findings set forth in Subsection (e)(2).
(6)
Duration of variance. A grant of variance that is not limited by a specific duration shall be deemed indeterminate in length, but shall in no instance be considered a permanent waiver of sidewalk requirements, nor abrogate in any way the right of the City to order, install, or assess for sidewalks in accordance with other sections of this Code or Charter upon a determination that conditions are necessary for the construction of sidewalk in accordance with public need, health, safety, and general welfare.
(f)
Building permits issued after effective date. This section shall apply to residences or structures constructed pursuant to building permits issued or renewed after August 28, 1991.
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Editor's Note: Former Sections 32-18 through 32-20, regarding construction or relaying of sidewalks upon resolution of Council; sidewalk repair upon notice of the City Clerk; and repair by City Engineer upon failure of owner to comply with notice; adopted as § 5-1.4 of the 1955 Code, amended by Ord. No. 846, were repealed 7-21-2021 by Ord. No. 1797. See now Ch. 22, Art. II, Sidewalks.