(A) The construction of a sidewalk, as required by § 57.039 of this subchapter may be deferred for a specified period of time in a given instance. Applications for deferments must be submitted to the Housing and Community Development Department, along with the established fee, as set by resolution. A deferment will be recommended by staff if an applicant demonstrates one or more of the following criteria have been met:
(1) Where the location of the proposed sidewalk is not adjacent to a street which has or will have curb and gutter;
(2) Where the location of the proposed sidewalk has grade and drainage problems which would significantly interfere with the construction of the sidewalk at that location; and
(3) Where the location of the proposed sidewalk is on non-residential or non-retail property adjacent to an existing street with curb and gutter, and grade and drainage problems would not significantly interfere with the construction of its sidewalk at that location, and the following conditions are met:
(a) No pedestrian generators exist in this location; or
(b) The unique use of the property in conjunction with sidewalks or bike paths near the location allow for alternate pedestrian routes, unless the proposed sidewalk is needed to connect area residential property to other sidewalks in the area.
(B) Should a deferment not be granted by the city staff, the applicant can appeal this denial to the City Council.
(Ord. 14973, passed 7-9-2018)