(a) Required. Sidewalk construction is required along all public and private streets unless waived by the director.
(b) Design. All sidewalks must be designed and constructed to be barrier-free to the handicapped, and in accordance with the requirements contained in the Street Design Manual, the Standard Construction Details, and any other council approved plan as amended. When poles, standards, and fire hydrants must be placed in the proposed sidewalk alignment, the sidewalk must be widened as delineated in the Standard Construction Details to provide a three-foot-wide clear distance between the edge of the obstruction or overhang projection and the edge of the sidewalk.
(c) Timing of construction. All sidewalks in the parkways of thoroughfares must be constructed concurrently with the thoroughfare or, if the thoroughfare is already constructed, before the acceptance of any improvements. Construction of sidewalks along improved minor streets must be completed before a certificate of occupancy is issued or before a final inspection of buildings or improvements constructed on the property.
(d) Waiver of sidewalks. A person desiring a waiver of a sidewalk requirement shall make application to the director.
(1) In this subsection:
(A) MID-BLOCK LOT means a lot that is not a corner lot.
(B) CORNER LOT means a lot that is located at the intersection of two or more streets.
(2) The director may grant a waiver under these conditions:
(A) In general. These conditions apply to all waiver requests.
(i) If sidewalk construction would cause drainage, safety, or other engineering issues that cannot be feasibly addressed as determined by the director.
(ii) If a city approved and funded sidewalk construction project is planned to begin within one year of the waiver application submittal.
(iii) If the waiver will not have an adverse effect on neighboring properties.
(B) Mid-block lot. If sidewalks do not exist on the adjacent lots and on more than 80 percent of the lots on the same blockface.
(C) Corner lot. If sidewalks do not exist on any of the mid-block lots on the same blockface and the lot is not located within one-quarter mile, as measured along street frontages, from a transit stop, school, park, playground, or other pedestrian accessible destination.
(3) The denial of a waiver application must clearly state the specific reasons why the waiver conditions were not satisfied.
(4) Waivers for sidewalks on separate frontages of corner lots shall be determined independently for each blockface, but will require only one fee.