Concrete sidewalks shall be constructed on both sides of a street in all areas of the city described herein with the exception of the specific exemptions set forth in division (C) below. All of the sidewalks shall be at least four feet in width and shall be constructed and located within the right-of-way so the inside edge of the walk shall be one foot from the abutting property line.
(A) Residential and business districts.
(1) Lots that abut on a public street and are located and developed residential and commercial districts of the city, and upon which sidewalks have already been constructed shall be required to have missing sidewalks constructed, and broken, deteriorated or otherwise damaged sidewalks repaired and reconstructed. For purposes of this section, DEVELOPED shall be defined as areas in which 50% of the lots in a given block have had structures built upon and are ready for occupancy. However, the City Council may require that sidewalks be constructed in those areas that do not meet the 50% development rule so as to provide access to public buildings or in instances required by the public need.
(2) Lots in newly annexed developed districts of the city that abut on a public street upon which sidewalks are not already constructed shall be required to have sidewalks constructed thereon within one year after annexation unless the City Council determines that early construction is required to protect the public safety and welfare due to the presence of unusual hazards in a particular location.
(3) Any newly constructed residential or commercial buildings located in a lot abutting on a public street upon which sidewalks, meeting city specifications, are not already constructed, shall construct sidewalks within 120 calendar days after completion of the foundation walls; provided, the City Administrator may grant an extension of up to eight months to allow for poor weather conditions or other conditions beyond the owner’s control.
(B) Arterial and major collector streets. Regardless of the zoning classification when the City Council deems such construction necessary to safeguard the safety and welfare of the public, sidewalks shall be constructed along all arterial and major collector streets. The Council may grant exceptions to the provisions of this division (B) in the following general instances; provided, however, that, any such exceptions shall require the specific finding by the Council that construction of a sidewalk is not necessary to safeguard the public safety and welfare. Generally, exceptions would be major and secondary thoroughfares and arterial streets abutting:
(1) Agricultural zones;
(2) Cemetery;
(3) Fairgrounds;
(4) Parks larger than one acre;
(5) Vacant land extending outward to the city limits and not situated between developed areas that could be expected to generate pedestrian traffic;
(6) Areas where property is located intermittently and the abutting jurisdiction and the city so as to make impossible the construction of continuing sidewalks for at least 500 feet; and
(7) Industrial zones where workers generally reach their place of employment by motor vehicle.
(C) Exemptions.
(1) New sidewalks shall not be required to be constructed as follows:
(a) On any side of local streets unless sidewalk exists on more than 50% of the block and two or more houses abut and face on that side;
(b) On any side of minor collector streets unless sidewalk is required under this section on 50% or more of that side of the two most adjacent blocks of the same street;
(c) Any area contained in an active and improved sidewalk improvement district or other compact neighborhood with limited access specifically exempted by resolution adopted by majority vote of the Council;
(d) All properties on dead-end streets and cul-de-sacs shall be exempt from construction of sidewalks unless two or more of the affected property owner’s petition for installation of sidewalks; and
(e) When sidewalk construction is physically impracticable due to the following circumstances:
1. Nature of terrain;
2. Insufficient right-of-way;
3. Insurmountable engineering problems;
4. Safety hazards that would arise by encouraging pedestrian traffic in dangerous areas such as along railroad tracks; and
5. Specimen healthy trees of three inches and greater in diameter would be substantially damaged.
(2) Upon the request by the property owner, the Council may grant exemptions to the provisions of this subchapter upon specific finding that construction of a sidewalk is not necessary to safeguard the public safety and welfare.
(3) The City Administrator is hereby empowered to exempt properties from the requirement that the sidewalk be constructed with the inside edge one foot outside the property line when:
(a) To avoid taking specimen healthy trees or shrubs that cannot be moved;
(b) Sidewalk alignment within a block would be different from existing walks within the block;
(c) Insufficient right-of-way requires full use of the right-of-way; and
(d) Severe grade problems would result.
(4) A lot or lots abut an unimproved (lacking curb and gutter) street that is expected to be scheduled for improvement at some future date and when a delay of construction to coincide with street construction would be advisable.
(Prior Code, § 7.09)