(A) It shall be the responsibility of the Village Administrator to administer, oversee, and superintend the sidewalk program of the village, to include the issuance of permits, the inspection of sidewalks, the supervision of repairs to and maintenance of sidewalks, and establishing specifications for the construction and location of new sidewalks.
(B) Any sidewalk that is repaired must be the same size as the former sidewalk's width and length unless it is less than three feet or more than five feet. Depth of the sidewalk shall be at least four inches. The grade of the sidewalk shall conform as closely as possible to the existing adjacent ground elevations and shall be established in a manner that will not interfere with the surface drainage from adjacent areas.
(C) The Village Administrator or his or her designee shall check the grades and placement of forms prior to the placing of the concrete. No repaired sidewalk should be lower than the previous sidewalk. The sidewalks should be even with the adjoining property sidewalks or curbs. No sidewalks shall be less than three feet wide or more than five feet wide unless in the business district or with the approval of the Planning Commission in a new development.
(D) Sidewalks replaced or repaired are to be of the same uniform material. Concrete will be the only material allowed to be used for repair or replacement. If an existing sidewalk is of concrete material and only parts of such sidewalk are being repaired, then concrete must be used. The existing sidewalk removal limit shall be at an existing joint. If necessary to provide a neat joint, the existing sidewalk shall be sawed or otherwise cut at the removal joint.
(E) (1) Upon written application to the Village Administrator, owners may request a variance from the specifications herein as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the specifications would result in unnecessary hardship. Upon written appeal to the Village Administrator, owners may request an administrative hearing to determine if there has been an error concerning the interpretation or administration of the enforcement of the specifications. The application for variance or appeal must be submitted within 20 days of the notice to repair or construct. Upon receipt of the application for variance or appeal, the Village Administrator shall provide written notice to the owner of the administrative hearing.
(2) Applications for variances or appeal shall be heard by the Street and Sidewalk Committee of Village Council, at the next regularly scheduled Street and Sidewalk Committee Meeting, after receipt of the completed application. The Committee shall grant a variance if it finds that the literal enforcement of the specifications would result in peculiar and exceptional difficulties or undue hardship to the property owner. A variance from the specifications shall not be authorized by the Committee unless it finds that all the following facts and conditions exist:
(a) That unnecessary hardship would result from the literal enforcement of the provisions of the specifications. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardships. A hardship based on conditions created by the owner shall not be considered a sufficient hardship for the granting of a variance. It must be demonstrated that peculiar and special hardships exist which apply only to the property in question and are separate and distinct from the general conditions pertaining throughout the village.
(b) That there are unique physical circumstances or conditions applying to the property in question such as traffic use and exceptional topographical or other physical conditions.
(c) That because of such physical circumstances or conditions, there is no possibility that the sidewalks, curbs or gutters on the property can be repaired or constructed pursuant to the specifications.
(d) That the granting of such variance or appeal will not be contrary to the public interest, health or safety or the intent and purpose of the specifications.
(e) That said variance or appeal, if granted, is the minimum modification that will make possible the reasonable repair or construction of the sidewalks, curbs or gutters.
(3) An application fee of $100 shall accompany the application for a variance or appeal. Should the regularly scheduled hearing on the application or appeal be continued by request of the applicant, an additional fee shall be charged to applicant for each continuance.
(Ord. 639, passed 3-20-73; Am. Ord. 15-93, passed 1-3-94; Am. Ord. 5-99, passed 3-15-99) Penalty, see § 10.99