A. Purpose. It is the purpose of the city to build sidewalks to provide a connected system for those walking or for those with disabilities traveling across the city. In addition, the city aims for boulevard sidewalks that allow for traffic calming, separation from the roadway, and winter snow storage for cleaner streets.
B. Owner Build Standards: 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:
1. Sidewalk Placement: The location and installation of sidewalks on public right of way are subject to the following requirements:
a. Except as provided in this section, sidewalks are to be placed along 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 away from the property line. The minimum width of the sidewalk is five feet (5') and the maximum is fourteen feet (14').
b. The City Manager may grant a variance to the sidewalk placement location requirements of this section upon application from the owner of the property abutting the proposed sidewalk where unusual conditions or strict adherence to this chapter would cause undue and extreme hardship. If variance request is denied, the owner may appeal the decision to the City Commission.
c. Upon approval of the transportation systems director, 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.
d. 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 or major renovation of principal structures on adjacent property, and upon establishment of conditions for annexation.
e. Unless previously constructed, sidewalks must be installed on abutting right of way as part of the construction or major renovation of a principal structure. The installation of required sidewalks must be part of the building permit issued for the principal structure.
f. If the major renovation of a principal structure occurs as determined in the sole discretion of the City, the owner must construct sidewalks that comply with current sidewalk engineering and/or ADA standards, even where the sidewalks are already constructed.
g. If there are no impervious roadway improvements in the adjacent right-of-way, the property owner may request to defer installation of sidewalks, curbs and gutters from the city manager or the city manager's designee so that construction is deferred until a later date with adequate justification. Part of the request must include a time certain when the owner would be required to build sidewalks, such as when the road is improved, and a signature on a waiver of the property owner's right to protest the establishment of any future adjacent roadway special improvement district. If deferral is approved, waiver must be recorded by the property owner with the County Clerk and Recorder's Office at their own cost.
2. Existing Conditions: A sidewalk may be installed to conform in location and width to an adjacent existing sidewalk fronting the same street, provided that:
a. 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
b. 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.
3. 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.
4. 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.
5. 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.
6. Curbs And Gutters: Curbs and gutters shall be integral curbs and gutters or as specified by the city engineer.
7. New Or Replacement: New or replaced sidewalk, curb and gutter shall conform to city specifications and as directed by the city engineer.
8. 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.
9. Drive Approaches; Cost: The cost of drive approach repairs will be the property owner's responsibility.
(Ord. 1979, 2-9-1976; amd. Ord. 2546, 6-4-1990; Ord. 2877, 7-12-1999; Ord. 3012, 2-14-2005; Ord. 3193, 8-18-2014; Ord. 3318, 3-11-2024)