A. The intent and purpose of this section is to establish the regulations regarding the installation of public sidewalks and pathways in the City to ensure the orderly and harmonious development of a Citywide sidewalk system in existing and new developments in such a manner as to provide a comprehensive sidewalk system that will safeguard the public's health, safety and general welfare.
B. Notwithstanding any other provisions of this Code, all dwellings, nonresidential buildings and uses, whether occupied or unoccupied, shall have, after adoption hereof, a permanent sidewalk built for the entire width and/or length of the lot or lots upon which the dwelling, nonresidential building or use is located, and the sidewalk(s) shall be built for the entire width and/or length of all sides of any lot or lots which abut a public or private street or roadway.
1. Public Sidewalks: Sidewalks and pathways along public streets shall be installed on both sides of a roadway in accordance with design standards as adopted by the city.
2. Private Sidewalks:
a. Adjacent to Private Streets and Interior Vehicular Roadways: Sidewalks shall be installed on both sides of a private roadway or an interior vehicular roadway in accordance with design standards for public sidewalks except that said sidewalks shall be allowed to be located a minimum of five feet (5') from the edge of the roadway.
b. Adjacent to Parking: Sidewalks and pathways immediately adjacent to head-in parking are not required to be located five feet (5') from the curb edge; however, if the sidewalk or pathway is located immediately adjacent to the curb, said sidewalk width must be increased to a minimum of six feet (6') to accommodate vehicle bumper overhang while still providing a minimum of four feet (4') of clear pedestrian pathway.
C. At such time that eighty percent (80%) of a plat or subdivision is developed, the property owner(s) of any undeveloped parcels, upon written notification by the City, shall install the required sidewalk(s) on their property within one hundred twenty (120) days of the notification by the City. After expiration of the one hundred twenty (120) day period, the City may take any legal action necessary to proceed with the installation of the sidewalk(s) and assess the cost of the installation and any legal expenses, as allowed by law, as a lien against the property.
D. In the event that no grade has been set or there is no curb and gutter on the street or roadway upon which the sidewalk(s) is to be placed, the Council may defer the sidewalk requirement on application of the affected property owner(s) and upon the affected property owner(s) signing an agreement to install such a sidewalk(s) within one hundred twenty (120) days after the property owner(s) has been notified that a curb and gutter has been installed and/or that the grade has been set. The agreement shall be verified and placed on record in the Office of the County Recorder of the applicable county, and shall be a covenant running with the land, and shall be binding upon the heirs, assigns, and successors of the property owner.
E. At the discretion of the City Council, the installation of any required sidewalk(s) may be deferred or waived when an off street bike/pedestrian trail has been identified on the comprehensive plan or on the trail’s master plan adjacent to the subject property. In the event that the sidewalk installation is deferred or waived, the property owner shall provide assurances, acceptable to the City, for the cost equivalent to the cost of installing the public sidewalk(s), that can be combined with other funding sources available to the City, for the installation of the off street bike/pedestrian trail.
F. When the strict application of standards or requirements established by this section would cause substantial hardship or impose unreasonable restrictions regarding the installation of a sidewalk(s) because of natural or physical conditions or limitations not created by the property owner, at the request of an applicant, developer, or property owner, the City Council may grant such deferrals and/or waivers from these standards or requirements as may be necessary. At such time when the conditions or limitations are eliminated, the property owner(s) will be required to install such sidewalk(s) within one hundred twenty (120) days after written notification by the City.
G. Any waiver or deferral that is granted by the City Council shall be recorded by the City as a matter of public record at the Office of the County Recorder of the applicable county.
H. The enforcement of this section shall be by special assessment pursuant to division IV of Iowa Code chapter 384. (Ord. 1178, 4-22-1996; amd. Ord. 2527, 7-5-2022; Ord. 2589, 12-4-2023)