§ 17.20.120. Provision of sidewalks.

Sidewalks are required to facilitate safe and convenient pedestrian movements for residents, employees and/or patrons, and to reduce dependency on the automobile, thus reducing traffic congestion on the community's streets and protecting air quality. This article shall not decrease the allowable floor area ratio for development.

A.

Applicability.

1.

Multi-family or nonresidential redevelopment. All provisions of this section shall apply to the redevelopment of multi-family or nonresidential property when the property is located within the urban services district, or within a center designated in the general plan, or any of the property frontage is within a quarter mile of the boundary of a center designated in the general plan, or the property is on a street in the major and collector street plan. Properties on the opposite side of navigable waterways or controlled access highways from a center designated in the general plan are not subject to this provision. Redevelopment of multi-family or nonresidential property shall include one or more of the following:

a.

Construction of a new structure on a vacant lot, including lots on which all structures have been or are planned to be demolished; or

b.

The cost of any one renovation equal to or greater than fifty percent of the assessed value of all structures on the lot, or the value of multiple renovations during any five-year period equal to or greater than seventy-five percent of the assessed value of all structures on the lot; or

c.

The cost of any one expansion equal to or greater than twenty-five percent of the assessed value of all structures on the lot, or the value of multiple expansions during any five-year period equal to or greater than fifty percent of the assessed value of all structures on the lot; or

d.

The total building square footage of any one expansion is equal to or greater than twenty-five percent of the total square footage of all structures on the lot, or the total building square footage of multiple expansions during any five-year period is equal to or greater than fifty percent of the total square footage of all structures on the lot.

2.

Single-family or two-family construction. Single-family or two-family construction when the property is within the Urban Zoning Overlay, or within a center designated in the general plan, or any of the property frontage is within a quarter mile of the boundary of a center designated in the general plan, or the property is on a street in the major and collector street plan in the urban services district. Properties on the opposite side of navigable waterways or controlled access highways from a center designated in the general plan are not subject to this provision.

a.

All provisions of Section 17.20.120 shall apply to the construction of a new single-family or attached or detached two-family structure(s).

b.

Dedication of right-of-way and easements required by subsection E of this section shall apply to all single-family and two-family permits for an addition or any renovation with a cost equal to or greater than twenty-five percent of the assessed value of all structures on the lot.

B.

On-Site Sidewalk Installation For Multi-Family and Nonresidential Development. A continuous, all-weather internal sidewalk network, constructed to a minimum width of five feet shall connect all pedestrian building entryways to parking areas and all public rights-of-way. Sidewalks shall be designed and constructed to be distinguishable from driving surfaces.

C.

Public Sidewalk Installation. The provisions of this subsection apply to all property frontage, regardless of whether sidewalks are provided in public right-of-way or pedestrian easements.

1.

Construction of new sidewalks is required along the entire property frontage under any one or more of the following conditions, unless the property abuts a sidewalk segment that the department of public works has funded and scheduled for construction:

a.

When there is existing sidewalk in need of repair or replacement.

b.

To extend the existing sidewalk or sidewalk proposed by an abutting development.

c.

Existing sidewalk present on the same block face.

d.

Multi-family or nonresidential properties within the Urban Zoning Overlay.

e.

Multi-family or nonresidential properties along a street in the major and collector street plan.

2.

Sidewalk Design Standards.

a.

Sidewalks dimensions and required elements shall comply with the major and collector street plan or, for a street not in the major and collector street plan, the adopted standards of the metropolitan government. Design of sidewalks shall comply with approved public works' standards.

b.

Obstructions are prohibited within the required pedestrian travelway, but may be located within a grass strip/green zone or frontage zone. Prior to the issuance of use and occupancy permits, existing obstructions shall be relocated outside of the required pedestrian travelway.

D.

Contribution to the fund for the pedestrian benefit zone as an alternative to sidewalk installation.

1.

When a public sidewalk is required by subsection A, but installation is not required by subsection C of this section, the building permit applicant may make a financial contribution to the fund for the pedestrian benefit zone in lieu of construction. The value of the contribution shall be the average linear foot sidewalk project cost, including new and repair projects, determined by July 1 of each year by the department of public works' review of sidewalk projects contracted for or constructed by the metropolitan government.

2.

Any such contributions received by the metropolitan government shall be assigned and designated for implementation of the strategic plan for sidewalks and bikeways, as approved by the planning commission. The applicant's payment shall be allocated within ten years of receipt of the payment within the same pedestrian benefit zone as the property to be developed; otherwise, the payment shall be refunded to the building permit applicant.

3.

Contribution to the pedestrian network as an alternative to sidewalk installation required under this section shall be received by the department of public works and written confirmation of the contribution sent to the department of codes administration prior to the issuance of a building permit.

E.

Dedication of Right-of-Way and Easements Required. Dedication of right-of-way and/or public pedestrian easement is required to permit present or future installation of a public sidewalk built to the current standards of the metropolitan government. For properties abutting an existing sidewalk or planned sidewalk identified in the priority sidewalk network in the strategic plan for sidewalks and bikeways, all driveways, walkways and other improvements within public right-of-way or pedestrian easement shall be designed and graded in accordance with public works' design standards necessary to accommodate future sidewalk construction.

F.

Improvements required or elected on public rights-of-way and/or public pedestrian easements under subsection C of this section shall be reviewed for compliance by the department of public works. No building permit shall be issued by the department of codes administration until the department of public works has released the building permit. Prior to the department of codes administration authorizing final use and occupancy, the department of public works shall inspect and approve the sidewalk improvements in the public rights-of-way and/or public pedestrian easements.

(Ord. BL2016-493 § 1, 2017; Ord. BL2004-491 § 1, 2005; Amdt. 1 with Ord. BL2004-289 § 1, 2004; Amdt. 1 with Ord. BL2000-479 § 1, 2000; Ord. 96-555 § 5.3(J), 1997)