(A) Plans of construction of certain building improvements. Any plans submitted to the city in connection with the application for a building permit for the construction of building improvements or improvements in excess of $12,500 in value to existing buildings upon any parcel of land in the city abutting a public right-of-way, shall show the location of any existing sidewalks.
('72 Code, § 17-43)
(B) Plans to include proposed location of sidewalks.
(1) No building permit shall be issued for the construction of building improvements or improvements in excess of $12,500 in value to existing buildings upon any parcel of land in the city abutting a public right-of-way unless the proposed plans for said improvements show the proposed location of sidewalks, and said sidewalks are to be constructed by the applicant in accordance with the requirements imposed by the city, and no certificate of approval or occupancy shall be granted unless such sidewalks are completed in accordance with the proposed plans.
(2) The City Engineer shall grant a waiver of this requirement, upon the occurrence of at least one of the following:
(a) A showing by the property owner that the construction of sidewalks on the subject property is impossible due to the existence of permanent obstructions, or would create an urgent safety hazard, or would create a severe drainage obstruction, or
(b) For property other than single family residential property, a determination by the City Engineer that there is a lack of usable sidewalk network in the area, and payment by the property owner to the city's sidewalk installation fund of an amount equal to the city's estimate of the cost of the sidewalk that would otherwise be required or,
(c) For single family residential property, a determination by the City Engineer that there is a lack of usuable sidewalk network within 250 feet of the subject property. However, for construction of two or more new single family dwellings on contiguous sites, there shall be no waiver of the requirement to construct sidewalks for each site.
(3) Any property owner aggrieved by a decision of the Engineer either allowing or disallowing the waiver set forth above, shall have the right, upon payment of a non-returnable fee of $50, to file a written appeal to the City Commission within ten days of the date of written notification of said decision, whereupon the Commission shall make the final decision, using as a guideline the standards set forth in division (B)(2) above.
('72 Code, § 17-44) (Ord. O-73-27, passed 5-2-73; Am. Ord. O-75-96, passed 6-8-75; Am. Ord. O-76-37, passed 5-19-76; Am. Ord. O-80-75, passed 11-19-80; Am. Ord. O-96-45, passed 10-23-96; Am. Ord. 0-98-11, passed 6-3-98)