(A) Any person subject to the requirements or any person living outside of the city limits but within the zoning boundaries who believes it impractical to construct a sidewalk on the lot or tract at present may apply to the Board of Zoning Appeals for a variance that is determinate with respect to the criteria for variance and the time period during which such criteria are in effect, and with respect to the time period during which the variance is effective. The Board, after notice and hearing may grant a variance if construction of sidewalks appears impractical based upon, but not limited to, the following considerations:
(1) The adjacent lot or tracts are at present undeveloped, but it appears that at some future date these lots or tracts will be developed, increasing the need for sidewalks for the protection and convenience of pedestrians; or
(2) The location of the lot or tract is such that the present pedestrian traffic does not warrant the construction of sidewalks, but it appears that in the future the pedestrian traffic may increase; or
(3) Uniformity of development of the area would best be served by deferring sidewalk construction on the lot or tract until some future date.
(B) In the event that the Board authorizes a determinate variance, such variance shall continue in effect until the date at which the Board shall set to reconsider variances granted under the authority of this section. All such variances which were granted by the Board shall expire at that time unless an extension is granted. Should no extension be applied for, or the Board denies such application for extension, the owner of the lot or tract shall be required to construct a sidewalk on the lot or tract at that time.
(C) Any person who has been granted a determinate variance by the Board and subsequently transfers to another party any recordable interest in the lot or tract shall cause such conveyance to be made subject to the variance and cause the variance to be noted on the instrument of conveyance to be recorded.
(D) In the event a variance is granted a five foot easement for future construction of a five foot sidewalk shall be provided. (1999)
(Ord. 02-1999, passed 2-23-99)