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All persons owning abutting property shall build the sidewalks, curbs and gutters for such property, and the same shall be built to the following standards:
A. Sidewalk Placement: The location and installation of sidewalks on public right of way are subject to the following requirements:
1. Except as provided in this section, sidewalks are to be placed one foot (1') from the property line with the remaining right of way to the curb line to be developed as a boulevard. When the right of way remaining for boulevard is more than seven feet (7') wide, the city manager or the city manager's designee may allow the owner to place the sidewalk more than one foot (1') from the property line, provided the remaining boulevard is no less than seven feet (7') in width and the sidewalk can be aligned with adjacent sidewalks. The minimum width of the sidewalk is five feet (5') and the maximum is fourteen feet (14').
2. The city commission may grant a variance to the sidewalk placement requirements of this section upon application from the owner of the property abutting the proposed sidewalk.
3. Upon approval of the city manager or the city manager's designee, the owner may make other minor deviations on the location of the sidewalk, including meandering the sidewalk to accommodate immovable obstacles and terrain impediments and for attachment to and continuity with adjacent sidewalks.
4. The location of the walks will be determined during the development of the preliminary plat for the new subdivisions, approval of conditional use permits, issuance of building permits for construction of principal structures on adjacent property, and upon establishment of conditions for annexation.
5. Unless previously constructed, sidewalks must be installed on abutting right of way as part of the construction of a principal structure. The installation of needed sidewalks must be part of the building permit issued for the principal structure. (Ord. 3012, 2-14-2005)
B. Existing Conditions: A sidewalk may be installed to conform in location and width to an adjacent existing sidewalk fronting the same street, provided that:
1. The existing adjacent sidewalk is in place, is in serviceable condition, at acceptable grade, and was built in conformance with standards in effect at the time of installation; and
2. More than one-half (1/2) of the length of the block fronting the street contains sidewalk that is in place and built to acceptable grades and in serviceable condition.
C. Effective Date: Sidewalks constructed or installed after August 15, 1999, in violation of this section must be removed and replaced with sidewalks complying with this section. This removal and replacement must occur within the time ordered by the city manager, but in any case not exceeding one year from the date of written notice to the responsible property owner. (Ord. 2877, 7-12-1999)
D. Construction Specifications: All concrete for sidewalks, curbs and gutters, alley approaches and drive approaches shall be class 5 using a minimum of five (5) sacks of cement per yard of concrete and developing a minimum compression strength of three thousand (3,000) psi after twenty eight (28) days. All sidewalks shall be constructed of portland cement concrete four inches (4") thick and shall rise one-fourth inch (1/4") per foot from the top of the curb to the property line. (Ord. 2546, 6-4-1990)
E. Obstructions In The Right Of Way: All obstructions in the right of way not specifically allowed by the city as a matter of record shall be removed and replaced at the cost of the property owner. (Ord. 1979, 2-9-1976)
F. Curbs And Gutters: Curbs and gutters shall be integral curbs and gutters or as specified by the city engineer.
G. New Or Replacement: New or replaced sidewalk, curb and gutter shall conform to city specifications and as directed by the city engineer.
H. Alley Approaches; Cost: Cost of alley approaches will be assessed against all properties within the block served by the alley according to the ratio of each property's square footage to the total square footage within the block.
I. Drive Approaches; Cost: The cost of drive approach repairs will be the property owner's responsibility. (Ord. 2546, 6-4-1990; amd. Ord. 3193, 8-18-2014)