§ 18-93. Sidewalks.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Construction means the building or placement of any structure requiring a permit from the city.

Impervious surface means any type of improvement to real property that will prevent water from passing through to the soil below.

Primary non-residential structure means the main structure on a lot or parcel that is anything other than a primary residential structure.

Primary residential structure means the main dwelling unit on a lot or parcel that is:

(1)

A detached one- or two-family dwelling; or

(2)

A townhome not more than three stories above grade plane in height, with separate means of egress, and open to a public right-of-way or yard on at least two sides.

Sidewalk means a paved path for the use of pedestrians constructed:

(1)

In the right-of-way between the curb lines or the edge of pavement of a roadway and the adjacent property lines; or

(2)

In an easement on private property dedicated to the city or the public for which a sidewalk is permitted to be built.

(b)

Required. Except as provided in subsection (c) of this section, sidewalks conforming to the requirements of chapter 122 of this Code shall be constructed when a permit is issued for any of the following:

(1)

Construction of a primary residential structure in a subdivision platted after July 26, 2012;

(2)

Construction of a primary non-residential structure within any zoning district with the exception of a LI or HI zoning district; or

(3)

Construction on a primary non-residential structure or the parking area serving a primary non-residential structure that would result in either:

a.

A 30-percent aggregate increase in the existing gross area of impervious surface on the property in any zoning district with the exception of the HI zoning district; or

b.

Five thousand square feet of new impervious surface area, on the property in any zoning district with the exception of LI or HI zoning district.

(c)

Exempt. Construction of sidewalks shall not be required:

(1)

On a property where a primary residential structure in a residential zoning district, as determined by the ULDC, is being constructed but there is not enough space within the right-of-way to construct a sidewalk as determined by the director of engineering;

(2)

When a residential lot is platted after July 26, 2012, in an existing residential area where less than 80 percent of the existing homes have sidewalks;

(3)

On property where a governmental agency prohibits the construction of sidewalks and the applicant has provided to the chief building official current documentation to this effect from the governmental agency; or

(4)

When, in the opinion of the chief building official, the installation of sidewalks would not be feasible due to planned public improvements and the owner or developer, in lieu of constructing a sidewalk, pays at the time of the issuance of a building permit a fee. Such fee shall be in an amount equal to the cost of the construction of the sidewalk per square foot based upon the competitively bid prices obtained by the city for its annual concrete work contract.

(d)

Appeals. Appeals from a decision of the chief building official shall be made in accordance with section 18-58.

(e)

Violation. It shall be unlawful for any person to willfully or maliciously tear up, injure, deface or destroy any sidewalk, or any portion thereof.

(f)

Enforcement.

(1)

Any violation of this article shall constitute a misdemeanor punishable, upon conviction, by a fine as provided in section 1-14.

(2)

In addition to enforcement action taken pursuant to subsection (f)(1), certificates of occupancy and certificates of completion shall be withheld until repairs required in subsection (d) of this section have been made and approved by the chief building official.

(Ord. No. 11,980, § 1, 7-26-12; Ord. No. 13,191 , § 1, 5-12-16; Ord. No. 13,252 , § 1, 11-10-16; Ord. No. 13,654 , § 10, 12-14-17)

Editor's note

Ord. No. 9337, § 3, adopted March 28, 2002, repealed § 18-93 which pertained to concrete slabs and derived from the original codification.
Subsequently, Ord. No. 11,980, § 1, adopted July 26, 2012, added new provisions as § 18-93.