CHAPTER 1024: SIDEWALKS
Section
1024.01   Specifications for sidewalks in commercial areas.
1024.02   Exception to commercial area specifications.
1024.03   Specifications for sidewalks in residential and industrial areas.
1024.04   Specifications for concrete sidewalks.
1024.05   Review of commercial property improvement plans by Planning Commission.
1024.06   Deviations.
1024.99   Penalty.
   CROSS REFERENCES
   Notice to construct or repair sidewalks - see Ohio R.C. 729.03 et seq.
   Driving upon sidewalks, tree lawns or curbs - see TRAF. 432.24
   Duty to keep sidewalks in repair and clean - see GEN. OFF. 660.05
   Sidewalk obstructions; damage or injury - see GEN. OFF. 660.10
   Water on sidewalks - see GEN. OFF. 660.15
   Planning Commission - see P. & Z. Ch. 1220
   Sidewalk improvements for subdivisions - see P. & Z. 1248.12, 1250.13
§ 1024.01 SPECIFICATIONS FOR SIDEWALKS IN COMMERCIAL AREAS.
   (a)   Except as otherwise provided in divisions (b) and (c) below all sidewalks constructed in the municipality in an area for commercial establishments shall be a minimum of ten feet in width, extending outward from the building line or from one foot outside the property line, whichever would apply. The sidewalk shall be constructed of Berea or Amherst sandstone flagging, or material of equal quality or concrete pavers or portland cement concrete, as hereinafter specified. The space intervening between the curb and sidewalk shall be paved as above specified or covered with sod.
   (b)   In the event that a commercial property owner shall be required by a lawful court order or a state or federal governmental regulation to provide access to such property for the handicapped, and in the event that such access can only be provided by a ramp constructed upon the sidewalk abutting such property, the minimum width of the sidewalk abutting such property may be reduced to not less than six feet to the extent necessary to accommodate such ramp, and such ramp may be used to provide such access, with the approval of the City Planning Commission following a site plan review of the need for, the proposed construction, and/or the use of such ramp in accordance with the provisions of § 1260.32 of the Codified Ordinances of Columbiana, and the Planning Commission may condition such approval as it sees fit, including, but not limited to, a condition that such commercial property owner shall execute an indemnification agreement whereby the municipality shall be held harmless from any claims, demands, actions, causes of action, liability and costs of any nature arising from or incident to injury (including death) or damage to persons or property on or about such ramp and such sidewalk.
   (c)   In the event that steps, staircases, stoops, platforms or other such passageways shall be necessary to provide access from the sidewalk to commercial property, the same may be used to provide such access, with the approval of the City Planning Commission following a site plan review of the need for, the proposed construction, and/or the use of the same in accordance with the provisions of § 1260.32 of the Codified Ordinances of Columbiana, and the Planning Commission may condition such approval as it sees fit, including, but not limited to, a condition that the owner of such commercial property shall execute an indemnification agreement whereby the city shall be held harmless from any claims, demands, actions, causes of action, liability and costs of any nature arising from or incident to injury (including death) or damage to persons or property on or about such steps, staircases, stoops, platforms or other such passageways and such sidewalk.
(Ord. 1609, passed 5-21-1968; Ord. 04-O-2126, passed 4-6-2004; Ord. 08-O-2490, passed 11-4-2008)
§ 1024.02 EXCEPTION TO COMMERCIAL AREA SPECIFICATIONS.
   (a)   An exception to § 1024.01 obtains when a new “black top” (asphalt concrete) surface has been constructed or is to be constructed adjacent to the sidewalk line, in which case the asphalt surface may be extended to the curbing, provided that the existing sidewalk is removed and the area between the sidewalk and the curb is excavated so that beneath a three-inch asphalt surface there will be six inches of compacted aggregate base conforming to State of Ohio Department of Transportation Construction and Material Specifications Item 304 and extending from the property line to the street or curb line.
   (b)   A concrete sidewalk placed adjacent to an asphalt concrete surface shall be six inches thick. This exception shall apply only in conjunction with a parking area or driving area connected to and necessary for the orderly operation of a business enterprise conforming to the Zoning Code.
   (c)   Any “black top” surface going to the street or curb shall be properly lined to delineate the proper sidewalk dimension. Such marked sidewalk area shall be kept free of snow, ice, and the like, as required by Chapter 660 of the General Offenses Code.
(Ord. 1609, passed 5-21-1968)
§ 1024.03 SPECIFICATIONS FOR SIDEWALKS IN RESIDENTIAL AND INDUSTRIAL AREAS.
   All new sidewalks constructed in the municipality in an area zoned as residential or industrial shall be five feet in width. Sidewalks constructed of concrete shall be four inches thick, except at driveways where the thickness shall be six inches in residential areas and eight inches reinforced in industrial areas.
(Ord. 1609, passed 5-21-1968)
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