§ 13-72.1. R1 sidewalk construction

(a) This section applies to existing single-family residences in R1 zones only. The purpose of this section is to provide alternatives to the requirement that owners of existing developments in an R1 zone install a sidewalk when they undergo major alterations, additions or improvements that would otherwise require installation of a sidewalk pursuant to Section 13-72

(b) Nothing in this section shall prevent the city from using its own funds to install sidewalks on any street otherwise subject to this article.

(c) An owner of a single-family residence in an R1 zone shall either:

(1) Construct a sidewalk as required by Section 13-72; or

(2) Pay to the city, an amount equal to the cost of sidewalk construction, in lieu of actual construction, as calculated by the city engineer. Said payment will be based on the average bid unit price accepted by the city for its annual parkway maintenance project and the actual linear feet of the property owner's front property line; or

(3) Satisfy the requirements of subdivision (d) hereinbelow.

(d) Notwithstanding the city's goal of installing sidewalks in all R1 zones throughout the city, it is recognized that there may be neighborhoods in the city that desire to retain a more rural appearance.

(1) Therefore, if an owner of a single-family residence in an R1 zone meets all of the following criteria at the time of application for a permit for construction of the improvement, the owner may "opt out" and will not be required to comply with the provisions of Section 13-72.1(c)(1) or (2).

a. The property owner must submit a notarized written statement to the city clerk that includes signatures from at least two-thirds (2/3) of the other property owners on his/her side of a street segment. The notarized statement shall be on a form provided by the city and shall acknowledge that the person signing the statement is the property owner, identified as the owner of record of said property as reflected in the most recent county assessor's parcel roll and that said property owner does not want sidewalks installed on their side of their street segment; and

b. There can be no more than ten (10) per cent of the frontage of the side of the street segment in question improved with existing sidewalk within the public right of way.

(2) The city engineer or his designee shall establish a procedure to verify the information required by Section 13-72.1(d) and monitor the properties that have qualified under the opt out provision of this chapter.

(3) No property owner on a side of street segment that has opted out pursuant to this section may obtain a permit for, or later decide to install a sidewalk on a property that has opted out, regardless of whether that property owner actually provided a signed statement unless that property owner has complied with subsection 13-72.1(d)(4) below.

(4) A property owner, may cancel his/her street segment's "opting out" of the sidewalk construction program and install a sidewalk adjacent to their property by obtaining notarized signatures from at least two-thirds (2/3) of the property owners on their side of their street segment.

(e) Any payment received by a property owner in lieu of actual construction pursuant to Section 13-72.1(c)2 shall be placed in a separate account and, along with any interest earnings on said account, be used solely to pay for the city's future construction of new sidewalks in R1 zones constructed pursuant to the city's program.

(Ord. No. 01-19, § 1, 8-20-01)