905.05 NEW SIDEWALKS.

   (a)    Definitions. As used in this section, "character of the neighborhood" means the land use of a particular area of real estate. In considering what the character of the neighborhood means, the following factors are relevant: the property values in an area, the amount of motor vehicle traffic an area experiences, the zoned use of a particular area, and the aesthetics of a particular area.

   (b)    Sidewalks. Sidewalks shall be constructed, installed, or repaired throughout the City in accordance with this section except as provided in the subdivision regulations or as otherwise provided by ordinance.

   (c)    Installation. Where it is determined after inspection by the City, its agents or contractors that:

      (1)    The block in which a lot or land is located contains sidewalks fronting on fifty percent (50%) or more of the real estate on one or both sides of a street; or

      (2)    The block in which a lot or land is located is situated in such a manner that new sidewalks are necessary in order to complete the pattern of sidewalks created by adjacent or nearby blocks having sidewalks; or to complete the pattern of sidewalks necessary to join existing sidewalk patterns with local pedestrian generating facilities, or

      (3)    It is necessary and advisable to provide a sidewalk pattern between corner intersections having existing sidewalks.

      The Director of Public Service shall cause to be served a construction notice upon the real estate owner upon whose real estate the sidewalk is adjacent thereto that the sidewalk will be constructed along the public right-of-way adjacent to said real estate where a sidewalk had not previously been installed or constructed, stating an estimate of cost for the construction and the length of time allotted for the construction thereof, and enclosing a copy of this chapter and ODOT Specifications.

   (d)    Extension of Time.   

      (1)   If after the expiration of thirty days from the date of service of the notice issued pursuant to subsection (c) hereof, the sidewalk has not been constructed, and if the Director of Safety and Service has not granted an extension pursuant to subsection (d)(2) hereof, or if a variance has not been granted pursuant to subsection (b) hereof, then the Director shall cause the walk to be constructed and the cost, including the engineering, inspection and other incidental expenses, shall be certified to the County Auditor for collection, either in cash or on the taxes, in accordance with the Ohio Revised Code.

      (2)   In the event that a property owner desires an extension of time from the time limits of subsection (d)(1) hereof, then the property owner shall request, in writing, that the Director grant the property owner an extension of time for up to thirty days within which to construct and install the sidewalk. In considering whether or not to grant an extension of time to construct and install a sidewalk the Director shall consider:

         A.   The reasons that said request is made;

         B.   Whether or not undue hardship will be placed upon the individual if strict compliance with this section were imposed upon the individual; or

         C.   Whether or not the public health, safety and welfare will be served by such an extension.

      (3)    Except as otherwise provided in this section, no person shall receive an extension of time beyond sixty days from the date that person received the original construction notice issued pursuant to subsection (c) hereof.

   (e)    Variances.

      (1)    If a property owner desires a variance from this section or desires to appeal the decision of the Director denying the property owner the time extension found in subsection (d)(1) hereof, the property owner shall file such a request in accordance with Section 1137.03 of the Codified Ordinances. The filing of a request for a variance or an appeal to the Director's denial of a time extension shall toll all time limitations placed upon the property owner found in subsection (d) hereof.

      (2)    Upon receipt of the property owner's request filed pursuant to subsection (e)(1) hereof, the Clerk of the Board of Building and Zoning Appeals shall provide notice of such request in accordance with Section 1137.04 of the Codified Ordinances.

      (3)   The Board may grant a variance or may either modify or postpone the obligation, in a specific case, to construct and install a sidewalk imposed by this section up to a period of ten years, in harmony with the public health, safety, morals and general welfare where:

         A.   The character of the neighborhood as defined by this section is such that installation of sidewalks would not serve any public purpose; or

         B.   Unique physical conditions or practical difficulty make the installation of sidewalks an undue hardship on the land owner, based upon the physical size, shape or other characteristics of the premises, and where the absence of this installation would not materially affect the public safety and convenience; and

         C.   Literal enforcement of the provisions of this section would result in unnecessary hardship to the real estate owner.

      (4)    In granting a variance, or an extension the Board may attach such reasonable conditions and safeguards as it deems necessary to protect the public safety and convenience, including the requirement that a bond be posted where appropriate.

      (5)   This section shall not prohibit the Board from considering criteria found in Section 1137.15 of the Codified Ordinances, in granting or denying any request for a variance from enforcement of this section.

   (f)    Construction Specifications.

      (1)   All public sidewalks constructed in the City shall be constructed according to the width, line and grade established by the City Engineer and shall be either:

         A.   One course concrete mixed in the proportion of 1:2:3, one part cement, two parts sand and three parts stone and shall not be less than four inches thick.

         B.   One course concrete and one course paving brick. The concrete course shall be as described in subsection (f)(l)A. hereof. A one inch sand or wet mortar layer is to be placed between the course of concrete and brick. [A minimum four inch wide concrete curb is to border the brick course on both sides and tied into the concrete course using No. 6 dowels, five inches long and on two foot center. The concrete curb shall also have No. 6 reinforcing bars placed approximately in the center and running parallel to the curbing].

      (2)   Where portions of the sidewalk for either subsection (f)(l)A. or B. hereof are used for driveways, the concrete course shall not be less than six inches in thickness. Where fill is required material shall be sand or screening.

         (Ord. 94-92. Passed 8-16-94.)