Sidewalks are intended to provide for safe pedestrian movement.
(2001 Code, sec. 94-126; Ordinance 7-2003, sec. 1, adopted 2/4/03)
Any person constructing any improvements for any purpose on a lot or remodeling any improvement when the cost of such remodeling is equal to at least 50 percent of the value of such improvement before remodeling, as determined by the tax appraised value, shall comply with the following:
(1)
Sidewalks shall be constructed on all streets on which the lot abuts, regardless of the type of construction or proposed use of the facility unless otherwise exempted in this division.
(2)
Sidewalks shall be constructed on any street, regardless of classification, designated as a safe school route for schoolchildren by the Traffic Safety Commission.
(3)
Sidewalks shall be constructed on all streets, regardless of classification, with the construction of any improvements designed and/or modified for use as a commercial and/or industrial establishment unless otherwise provided in this division. If the commercial and/or industrial improvement is to be constructed on a corner lot, sidewalks shall be constructed on all streets on which the lot abuts. Commercial and/or industrial improvements constructed and/or modified within an area-zoned industrial shall meet the requirements for sidewalks as contained in this division.
(4)
Sidewalks shall be required in all new subdivisions in which new street dedications are proposed within the plat of the subdivision, and along boundary streets as required.
(5)
Any lot that is considered unbuildable to place a structure upon due to topography, or where there is a requirement for stormwater detention/retention facilities or similar such requirement, or where there is proposed an entryway, park or similar situation, shall have sidewalks installed at the initial phase of development according to provisions in this division.
(6)
Where a property owner has acquired an adjacent lot within a platted subdivision and has no intent to improve the lot, said property owner shall be required to install sidewalks on such lot within one year, subject to the provisions in this division.
(2001 Code, sec. 94-127; Ordinance 7-2003, sec. 2, adopted 2/4/03)
(a)
The sidewalk shall have an obstruction-free width of not less than four feet. Where mailboxes, utility poles, streetlights or other obstacles exist, additional width shall be provided to ensure a minimum of a three-foot width for barrier-free access.
(b)
Sidewalks shall be constructed within the street right-of-way with the edge of the sidewalk one foot from and parallel to the right-of-way. The director of public works may approve an alternate location within the street right-of-way when there exist obstructions, there is a unique subdivision design, where it is necessary to be compatible with existing sidewalks, or under special conditions when the specified location is technically unfeasible.
(c)
Construction of the sidewalks by the developer or by individual property owners shall be in accordance with standard city specifications.
(d)
Where any property on one lot is to be developed in phases, the director of community development may exempt an entity from the obligation to install a sidewalk to the extent determined by the director of community development to match the frontage to remain undeveloped or unutilized.
(2001 Code, sec. 94-128; Ordinance 7-2003, sec. 3, adopted 2/4/03; Ordinance 36-2011, sec. 1, adopted 7/19/11)
(a)
Sidewalks shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no sidewalks. This shall not include new subdivisions.
(b)
Sidewalks shall not be required if the street or road is not classed as a collector street or have a higher classification, according to the thoroughfare plan, and where such street does not have curbs and gutters, nor are there long-range plans for the improvement of the street or road by any government agency.
(c)
Sidewalks shall not be required for residential developments containing two or fewer dwelling units, where the lot frontage is a minimum of 200 feet, and the lot, tract or parcel is a minimum of two acres. If the lot, tract or parcel is subdivided to allow smaller lots, there shall be installed sidewalks along all frontages that are included in the subdivision and along boundary streets as applicable. This requirement shall apply even if only a portion of the lot frontages following a replatting are less than the minimum allowed.
(d)
Sidewalks shall not be required if on rights-of-way owned or under the control of other government entities if said governmental entity has objected in writing to the placement of a sidewalk on its right-of-way.
(e)
Sidewalks shall not be required if jointly determined by the Department of Community Development and Department of Public Works that the installation of sidewalks is technically unfeasible or will not serve the intent of this provision.
(f)
Sidewalks shall not be required for new construction or modifications to a commercial and/or industrial improvement within an area zoned industrial, and which abuts on an interior industrial street within an area zoned and used as an industrial district. For the purpose of this provision, the term “interior industrial street” is defined as a street that lies wholly within the industrial district and does not abut subdivided or unsubdivided property outside of the industrial district. An interior street shall only provide for circulation within the industrial district and does not provide for access from adjacent areas.
(2001 Code, sec. 94-129; Ordinance 7-2003, sec. 4, adopted 2/4/03; Ordinance 56-2006, sec. 3, adopted 7/18/06; Ordinance 36-2011, sec. 2, adopted 7/19/11)
The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and resulted in causing damage or injury due to such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition.
(2001 Code, sec. 94-131; Ordinance 7-2003, sec. 6, adopted 2/4/03)
Any sidewalk, parkway, driveway or curb that has become defective and unsafe and hazardous is declared a nuisance. It shall be unlawful for a property owner, after receiving at least 30 days’ notice, to fail to repair any street, avenue, public alley, place or square or section or part thereof along which sidewalks, curbs, or driveways as declared a nuisance by the director of public works. Such expense shall be borne by the abutting property owner.
(2001 Code, sec. 94-132; Ordinance 7-2003, sec. 7, adopted 2/4/03)
A notice signed by the director of public works, which notice may be served by any person designated by the Department of Community Development or Department of Public Works to serve the notice or which notice may be served by mailing by certified mail, return receipt requested, shall be deemed sufficient to accomplish the notification purpose in this section. The notice shall state that the damage to the sidewalk presents a hazardous condition for which the property owner is liable to correct according to city standards, and as required under this section. Such notice shall also state a time period to correct the defect and set the penalty for violation at $200.00 per day; each day the correction is not made past the designated period shall be a separate offense. Additional time may be granted by the Department of Public Works upon showing just cause.
(2001 Code, sec. 94-133; Ordinance 7-2003, sec. 8, adopted 2/4/03)
(a)
It shall be unlawful for any person to obstruct a sidewalk within the limits of the city.
(b)
It shall be the duty of the owner of property abutting on a sidewalk, or the duty of any person enjoying the use of any property abutting on a sidewalk, to ensure that any use of said abutting property does not result in obstruction of a sidewalk.
(c)
A sidewalk shall be deemed to be obstructed when there is less than a minimum of a three-foot, barrier-free width of pavement, separate from the street, available for safe pedestrian movement.
(d)
It is a defense to prosecution under subsection (a) of this section that the obstruction is due to:
(1)
The necessary repair of the sidewalk, adjoining driveway or other feature of the adjoining property by the abutting property owner or person enjoying the use of abutting property. Such repair shall be deemed to be necessary if it is properly permitted or ordered by the director of public works;
(2)
The necessary repair of any public utility by a government agency or utility company; or
(3)
An effort by the abutting property owner or person enjoying the use of any property abutting on a sidewalk to prohibit use of a portion of the sidewalk that has become defective and could result in damage or injury due to such defective condition, until such time as the abutting property owner or person enjoying the use of any property abutting on a sidewalk is able to effect repair, as per his duty under section 94-131.
(e)
Unlawful obstruction of a sidewalk includes, but is not limited to:
(1)
Parking a vehicle in a driveway such that the vehicle blocks the portion of the sidewalk that also constitutes a portion of the driveway, and leaves less than a three-foot, barrier-free width of sidewalk available for use; and
(2)
Piling or allowing the piling of branches, leaves, dirt or other items on the sidewalk such that it becomes obstructed.
(2001 Code, sec. 94-134; Ordinance 105-2007, sec. 2, adopted 12/18/07)