1. Before any new dwelling, business building or commercial building is occupied or put into its ultimate use, or when any existing dwelling, business building or commercial building, including the real estate on which the dwelling or building is located, is improved, reconstructed or replaced by $7,500.00 or more as determined by the Building Official’s most current valuation data, a permanent sidewalk shall be built in front of the building for the entire width of the lot and where the lot in question is a corner lot, the sidewalk shall be built for the entire length of the lot along the side which abuts the street. However, sidewalks shall not be required on improved property where the improvements are only accessory building or structures.
2. Notwithstanding any other provisions of this Code of Ordinances, all dwellings, business buildings and commercial buildings, whether occupied or unoccupied, shall have, after January 1, 1996, a permanent sidewalk built for the entire width and/or length of the lot or lots upon which the dwelling, business building or commercial building is located, and the sidewalks shall be built for the entire width and/or length of all sides of the lot or lots which abut a street. This subsection applies only to the sidewalk installations recommended in the School Route Sidewalk Study performed by JBM Engineers and Planners in 1994 and approved by the City Council in 1994.
3. Notwithstanding any other provisions of this Code of Ordinances, all dwellings, business buildings and commercial buildings, whether occupied or unoccupied, shall have, after January 1, 1999, a permanent sidewalk built for the entire width and/or length of the lot or lots upon which the dwelling, business building or commercial building is located, and the sidewalks shall be built for the entire width and/or length of all sides of the lot or lots which abut a street.
4. In the event that no grade has been set or there is no curb and gutter on the street upon which the sidewalk, is to be placed, the Council may waive the sidewalk requirement on application of the affected property owner and upon the affected property owner signing an agreement to install such a sidewalk within 120 days after the property owner has been notified that a curb and gutter has been installed and/or that the grade has been set. The agreement shall be verified and placed on record in the office of the Warren County Recorder, and shall be a covenant running with the land binding the heirs and assigns of the property owner.
5. When the strict application of standards or requirements established by this section would cause substantial hardship or impose unreasonable restrictions regarding the installation of a sidewalk because of natural or physical conditions or limitations not created by the owner or developer, the Council may grant such waivers and/or variances from these standards or requirements as may be necessary pursuant to the following procedure. At such time when the conditions or limitations are eliminated, the owner or developer will be required to install such sidewalk within 120 days after notification by the City.
A. The applicant under this subsection shall prepare an application to the Planning and Zoning Commission for review of the required sidewalk. The applicant may request a waiver of the sidewalk requirement or a variance of the sidewalk requirement. Within 45 days after receiving the application, the Planning and Zoning Commission shall recommend to the Council to either approve, approve subject to conditions, or disapprove the request. Failure by the Commission to act within 45 days shall be deemed a recommendation for approval of the request.
B. The Council shall establish criteria and specific design standards to assist it and the Planning and Zoning Commission when considering applications for waivers and/or variances. All such criteria and specific design standards shall be established in such a way as to ensure the orderly and harmonious development of a City-wide sidewalk system in such a manner as will safeguard the public’s health, safety and general welfare.
C. Upon recommendation from the Planning and Zoning Commission to the Council, the applicant’s request will be put on the agenda for the next regularly scheduled Council meeting for final approval or disapproval by the Council. If the Council rejects the request, the Council will advise the applicant of any changes which are desired or that should have consideration before approval will be given. The applicant shall then submit the revised original for certification by the Council. The Commission and the Council, in approving or disapproving any requests and in making requests for alterations or amendments to the request as presented, shall be governed by the general policies as set out by this chapter and by the criteria and specific design standards established by the Council.
6. The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.