(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)