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Troy City Zoning Code

§ 8

AREA REGULATIONS.

8-100 
Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, lot coverage and front, side and rear yards.
8-101 
LOT AREA
The minimum residential lot area for the various districts must be in accordance with the following schedule except that a lot having less area than herein required which was an official “Lot of Record” prior to the adoption of this ordinance may be used for a single-family dwelling, and no lot existing at the time of passage of this ordinance may be reduced in area below the minimum requirements set forth herein:
In the following zoning districts the minimum lot area for each residential dwelling unit must be in accordance with the following schedule:
Schedule of Minimum Required Lot Areas Per Family Unit (8-101)
Type of Use
A
R-1
R-2
R-3
MH
MF-1
MF-2
LR
GB
GI
Single-Family Detached Dwelling
1 Acre
9,000
7,000
6,000
6,000
7,000
6,000
6,000
6,000
-
Two-Family Dwelling
-
-
-
-
-
4,000
3,500
-
3,500
-
Multiple-Family Dwelling 1–3 Stories
-
-
-
-
-
2,000
1,800
-
1,800
-
Multiple-Family Dwelling Over 3 Stories
-
-
-
-
-
-
600
-
-
-
Manufactured Home in Manufactured Housing Community
3,500*
-
-
-
3,500*
-
-
-
-
-
Modular / Industrialized Housing
4,000
4,000
4,000
4,000
4,000
4,000
4,000
-
-
-
* Manufactured Home Density in Manufactured Housing Community Shall Not Exceed 10 Units Per Gross Acre and No Park Shall Contain Less Than 5 Acres
Minimum Required Lot Area in Square Feet for Each Dwelling Unit
Note: - Indicates Area Does Not Apply for Type of Housing
8-200 
LOT WIDTH
The minimum lot width for lots in the various districts used for residential purposes must be in accordance with the following schedule, except that a lot having less width than herein required which was an official “Lot of Record” prior to the adoption of this ordinance may be used as a single-family dwelling and no lot existing at the time of passage of this ordinance may be reduced in width below the minimum set forth herein.
8-201 
In the following zoning districts the minimum lot width for residential uses must be in accordance with the following schedule:
Schedule of Minimum Required Lot Width (8-201)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Single-Family Detached Dwelling
100
80
70
60
50
50
50
50
50
50
-
-
Two-Family Dwelling
-
 
-
-
-
-
60
60
-
60
-
-
Multiple-Family Dwelling 1–3 Stories
-
 
-
-
-
-
60
60
-
60
-
-
Multiple-Family Dwelling Over 3 Stories
-
 
-
-
-
-
-
60
-
-
-
-
Schedule of Minimum Required Lot Width (8-201)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Manufactured Home in Manufactured Housing Community
35
35
-
-
-
40
-
-
-
-
-
-
Modular / Industrialized Housing
40
40
40
40
50
40
40
40
-
-
-
-
Minimum Required Lot Width in Feet
Note: - Indicates Width Not Applicable
8-300 
LOT DEPTH
The minimum lot depth for the various districts must be in accordance with the following schedule, except that a lot having less depth than herein required which was an official “Lot of Record” prior to the adoption of this ordinance may be used for a single-family dwelling and no lot existing at the time of passage of this ordinance may be reduced in depth below the minimum set forth herein.
In the following zoning districts the minimum required lot depth for residential uses must be in accordance with the following schedule:
Schedule of Minimum Required Lot Depth (8-301)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Single-Family Detached Dwelling
150
125
100
100
100
100
100
100
100
100
-
-
Two-Family Dwelling
-
 
-
-
-
-
100
100
-
100
-
-
Multiple-Family Dwelling 1–3 Stories
-
 
-
-
-
-
120
120
-
120
-
-
Multiple-Family Dwelling Over 3 Stories
-
 
-
-
-
-
-
120
-
-
-
-
Manufactured Home in Manufactured Housing Community
80
80
-
-
-
80
-
-
-
-
-
-
Modular / Industrialized Housing
100
100
100
100
100
100
100
100
-
-
-
-
Minimum Required Lot Depth in Feet
See Appendix Illustration #2 for Method of Measuring Lot Depth
Note: - Indicates Width Not Applicable
8-400 
FRONT YARD
In the following zoning districts the minimum required front yard must be in accordance with the following schedule and no building, structure or use may hereinafter [hereafter] be located, erected, or altered so as to have a smaller front yard than hereinafter [hereafter] required, and no front yard existing at the time of passage of this ordinance may be reduced below the minimum set forth in the following schedule:
8-401 
SCHEDULE MINIMUM REQUIRED FRONT YARDS
Schedule of Minimum Required Front Yards (8-401)
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Minimum Required Front Yard Except As Hereinafter Described
50
30
25
25
20
20
See 8-402 (2)
25
20
See 8-402 (7)
15
None
See 8-402 (10)
-
-
Minimum Required Front Yard Specified in Feet
8-402 
SPECIAL FRONT YARD REGULATIONS
1. 
In all districts except the “A” agricultural district where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard must comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. (See Appendix Illustration 7)
2. 
A manufactured home in a manufactured housing community must observe a minimum front yard of twenty (20) feet.
3. 
Where a building line has been established by plat or ordinance and such line requires a front-yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard must comply with the building line established by such ordinance or plat.
4. 
The front yard is measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet. (See Appendix Illustration 5)
5. 
Where lots have double frontage, running through from one street to another, a required front yard must be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Appendix Illustration 6)
6. 
If buildings along the frontage or [of] any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, then the average setback of all buildings fronting upon such street between two intersecting streets will establish the minimum front yard requirement. All vacant lots will be assumed to have a minimum front yard specified for the district[;] in computing the average front yard, these provisions will not be interpreted as requiring a setback or front yard greater than fifty (50) feet nor will they be interpreted as requiring any building to observe a front yard of more than ten (10) feet greater than the front setback observed by any building on a contiguous lot. These provisions will be superseded on any lot where a minimum building line has been established by plat or ordinance and the front yard or setback provisions of such plat or ordinance must be observed.
7. 
The minimum set-back for a structure in the multifamily 2 zoning district shall be 20 feet, except in such cases where the building exceeds three (3) stories in height. For structures in a multifamily 2 zoning district that exceed three (3) stories the front yard set-back shall be an additional set-back of one (1) foot for each additional three (3) feet in height above the third story. (See Appendix Illustration 11.)
8. 
In the PD (planned development) district front yards will be established in the amending ordinance, explicitly or by reference.
9. 
Gasoline service station pump islands may not be located nearer than twelve (12) feet to the front property line and the outer edge of the canopy shall not be nearer than (10) feet to the front property line. On corner lots, both street exposures must be treated as front yards.
10. 
In the GB, LL [sic] and HI districts no front yard is required, except that no structure may be erected nearer than thirty (30) feet to the centerline of any street on which such structure fronts.
11. 
A buying and receiving area for a Recycling Operation Inside a Building, Recycling Operation Outside a Building, and Wrecking Yard must be set back at least fifty (50) feet from any public street or thoroughfare.
12. 
A minimum seventy-five (75) feet separation must be observed between any processing operation and the bounding property line of any property zoned for residential purposes.
13. 
Internal circulation area within a tract used for a recycling operation shall provide a nonpermeable surface of either asphalt or concrete.
14. 
Where a lot abuts the turnaround at the end of a cul-de-sac street, the setback required in any of the residential zoning districts may be reduced by not more than ten (10') feet if the lesser setback to be observed is shown on the plat approved by the City Council and recorded with the county clerk of Bell County, and if such building line is part of a plan for the orderly development of a subdivision either with a uniform or staggered building line provided, however, that such resulting building line shall be not less than sixty-five (65') feet from the center of radius point of such turnaround.
8-500 
SIDE YARD
In the following zoning districts the minimum required side yard must be in accordance with the following schedule and no building, structure or use may hereafter be located so as to have a smaller side yard on each side of such building than herein required, and no side yard existing at the time of passage of this ordinance may be reduced below the minimum set forth herein:
Type of Use
A
UE
SF-1
SF-2
SF-3
MH
MF-1
MF-2
LR
GB
LI
HI
Minimum Required Side Yard for Single-Family and Two-Family Dwellings Detached
15
15
10% Width of Lot 6' Min.
5
5
10% Width of Lot 5' Min.
-
-
Minimum Required Side Yard for Multiple-Family Dwellings
-
-
-
-
-
-
See 8-502 (2)
-
-
-
Manufactured Housing Community
See Note 2
See Note 2
-
-
-
See Note 2
-
-
-
*
*
-
Modular/Industrialized Housing
See Note 2
See Note 2
-
-
-
See Note 2
-
-
-
-
-
-
Nonresidential Uses Schools and Churches in Residential Zones
20
20
20
20
20
20
20
20
10
See Note 3
See Note 3
See Note 3
Minimum Required Side Yards Specified in Feet
*See Side Yard Regulations for Multiple Dwellings Section 8-502(2)
Notes:
1.
- Indicates Side Yard Not Applicable
2.
Minimum 10'; 20' Between Units; 20' Form [From] Adjacent Single-Family Zoning Boundary
3.
Zero (0) feet except 10' adjacent to residential district. If building height exceeds 40', add 1' per 3' over 40' when adjacent to residential district.
8-502 
SPECIAL SIDE YARD REGULATIONS
1. 
Every part of a required yard must be open and unobstructed by any building, except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and a roof eave or canopy projecting not to exceed twenty-four (24) inches into the required side yard.
2. 
A minimum side yard of fifteen (15) feet must be provided for multiple-family dwellings between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in length may provide a minimum side yard of ten (10) feet. Where a building wall contains no openings for windows, light or air, a minimum side yard of ten (10) feet must be provided between such wall and the side lot line (See Appendix Illustration 9). Where highrise apartment buildings, exceeding three (3) stories in height are erected in the MF-2 or other districts permitting such construction, the side yard must be increased one (1) foot for each two (2) feet the structure exceeds three (3) stories but no side yard need exceed fifty (50) feet.
3. 
On a corner lot, a side yard adjacent to a street for a multiple-family dwelling not exceeding three (3) stories in height must not be less than fifteen (15) feet and no balcony or porch or any portion of the building may extend into such required side yard except that a roof or eave may overhang such side yard not to exceed four (4) feet.
4. 
On a corner lot used for single-family or two-family dwellings, both street exposures must be treated as front yards on all lots platted after the effective date of this ordinance, except that where one street exposure is designated as a side yard by a building line shown on an approved subdivision plat containing a side yard of fifteen (15') feet or more, the building line provisions on such plat shall be observed. On lots which were official “Lots of Record” prior to the effective date of this ordinance, the minimum side yard adjacent to a side street must comply with the required side yard for the respective districts as specified in section 8-500. (See Appendix Illustration 4)
5. 
A single-family attached dwelling must provide a minimum required side yard adjacent to a side street of fifteen (15) feet.
6. 
In GB, LI and HI districts, a zero (0) interior side yard is allowed for nonresidential uses except where a commercial, retail or industrial use or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district, in which event the following shall apply: If the building height exceeds forty (40) feet, increase the setback by one (1) foot for each three (3) feet over forty (40) feet in building height. In GB, LI and HI districts, a minimum ten (10) foot side yard must be provided on the side adjacent to a residential district. If the building height exceeds forty (40) feet, increase the setback by one (1) foot for each three (3) feet over forty (40) feet in building height.
7. 
In GB, LI and HI districts, nonresidential uses must provide a ten (10) foot side-yard setback adjacent to a street.
8. 
Refer to Sections 7-521 and 7-522 for setback requirements regarding Minor Vehicle Servicing and Major Vehicle Repair.
9. 
The minimum side yard requirements in a Planned Development district will be established on the site plan, in the amending ordinance, or by reference district.
8-600 
REAR YARD
No building or structure may hereafter be located, erected or altered to have a rear yard smaller than herein required and no rear yard existing at the time of passage of this ordinance may be reduced below the minimum set forth below.
8-601 
In the A, UE, SF-1, SF-2, SF-3, MF-1. MF-2, LR, and GB, districts, no main residential building may be constructed nearer than ten (10) feet to the rear property line. Manufactured homes shall observe a minimum rear yard of 10 feet, unless adjacent to property zoned A, UE, SF-1, SF-2, or SF-3, in which case a 20 foot rear-yard setback must be observed. Patio homes shall observe a minimum rear yard of ten (10) feet.
8-602 
In the LR, GB, LI or HI districts, no rear yard is specified for nonresidential uses, except where, retail, commercial or industrial uses back upon a common district line, dividing the district from any on the residential districts listed herein, in which case a minimum rear yard of ten (10) feet is required. Where an alley exists, no rear yard is required.
8-603 
Every part of a required rear yard must be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed three (3) feet into the required rear yard.
8-604 
The minimum required rear yard in a PD (planned development) district shall be established on the site plan, by the amending ordinance, or by reference district.
8-605 
Where multiple-family dwellings exceed three (3) stories in height, a rear yard equal to one (1) foot for each two (2) feet in height is required, except that no such rear yard need exceed fifty (50) feet as a result of this provision, and except further that in the MF-2 district, no rear yard exceeding ten (10) feet is required where the rear wall of a multiple-family residential structure contains no openings or windows for light or air.
8-700 
LOT COVERAGE
The maximum percentage of lot area as outlined in section 8-701 which may hereafter be covered by the main building and all accessory buildings shall not exceed the following schedule.
8-701 
In the following zoning districts, the maximum building lot coverage for multiple-family dwellings must conform to the following schedule:
District
Maximum Lot Coverage
Maximum Lot Coverage
Main Building
Main Buildings and Accessory Buildings
MF-1
40%
50%
MF-2
40%
50%
Note: Open off-street parking or loading areas will not be computed in a lot coverage as herein specified.
8-702 
In the following districts, the maximum building lot coverage for all buildings must not exceed the following schedule:
District
Maximum Lot Coverage
Maximum Lot Coverage
Main Building
Main Buildings and Accessory Buildings
LR
35%
45%
MF-2
40%
50%
GB
50%
60%
LI
55%
65%
HI
55%
65%
8-800 
FLOOR AREA RATIO
Except as hereinafter provided, no building or structure may be erected, added to or altered to exceed the maximum floor area ratio standards in the various zoning districts as set forth herein.
8-801 
In the following zoning districts, the maximum floor area ratio (FAR) for any building or structure shall be as follows:
MAXIMUM FLOOR AREA RATIO
DISTRICT
BUILDING AREA
LAND AREA
LR, Local Retail
0.6
to 1
GB, General Business
4
to 1
LI, Light Industrial
2
to 1
HI, Heavy Industrial
2
to 1
Note: Structure used for off-street parking of vehicle shall not be computed as area subject to floor area ratio (FAR) standards. (See Appendix Illustration 10)
8-901 
COURT STANDARDS
The minimum dimension and area of outer or inner courts provided in buildings occupied for multiple-family purposes shall be in accordance with the following provisions.
1. 
OUTER COURTS RESIDENTIAL STRUCTURES
a. 
For multiple-family structures, three (3) stories or less in height, any outer court which is used for access of light or air and which has doors or windows or which may be used for emergency access purposes must provide a minimum width equal to the depth of the court up to twenty (20) feet, but the width of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimension.
b. 
For residential structures exceeding three (3) stories in height, any outer court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide a minimum width equal to the depth of the court up to fifty (50) feet, but the width of any such outer court need not exceed fifty (50) feet even though the depth of the court may exceed such dimension.
2. 
INNER COURTS RESIDENTIAL STRUCTURES
a. 
For residential structures three (3) stories or less in height, any inner court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide minimum dimensions in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed twenty (20) feet even though the height of the enclosing walls may exceed such dimension.
b. 
For residential structures exceeding three (3) stories in height, any inner court which is used for access of light or air or which has doors or windows or which may be used for emergency access purposes must provide a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed fifty (50) feet even though the height of the enclosing walls may exceed such dimension.
8-902 
ACCESSORY BUILDING AND STRUCTURE REGULATIONS
Area regulations for accessory buildings or accessory structures in residential and apartment districts.
1. 
FRONT YARD
Attached accessory buildings are deemed a part of the main building and require the same yard space as the main building. Detached accessory buildings or structures must be located in the area defined as the rear yard.
2. 
SIDE YARD
A side yard is required for any accessory building or structure located in a residential area of not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than ten (10) feet. Where a one-hour fire wall is provided, no side yard need be provided on one side of a lot only for an accessory building located in the rear one-half (1/2) of the lot. (See Appendix Illustration 3)
3. 
REAR YARD
a. 
A rear yard is required for any accessory building or structure of not less than three (3) feet measured from any lot line, alley line or easement line. In residential districts, the main building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Detached carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described may not be located closer than ten (10) feet to the main building nor nearer than three (3) feet to any side lot line, except where a fire wall has been provided which meets the requirements of the building and fire codes of the City, in which case no rear yard for accessory buildings is required. (See Appendix Illustration 3)
b. 
Where a garage or carport is designed and constructed to be entered from an alley or side street, such garage or carport must be set back from the side street or alley a minimum distance of fifteen (15) feet to facilitate access without interference to the use of the street or alley by other vehicles or persons.
8-910 
AREA REGULATIONS FOR LANDSCAPING
It is the purpose of this section to establish certain regulations pertaining to landscaping within the City of Troy. Landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, lowers the ambient air temperature, and reduces air and noise pollution. Furthermore, these regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City.
8-911 
APPLICABILITY OF STANDARDS
The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new development and existing developments that are expanding or redeveloping fifty percent (50%) or more of that development or increases the property value by at least 50%. Any project authorized as a Planned Development (PD) must additionally comply with the standards set forth in the PD.
8-912 
LANDSCAPING STANDARDS
The below landscaping standards are required and shall be applied as stated above and in conjunction with a building permit.
1. 
All plants shall comply with the “Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas,” as amended. Said guide is recommended by the Texas AgriLife Extension Service Bell County office for the City of Troy. The use of plants listed therein as “very low water” is encouraged. Invasive plants in these guides are specifically prohibited.
2. 
Residential Requirements.
(a) 
Trees:
The list below sets forth the minimum number of large trees, per lot, which shall be planted prior to the issuance of a certificate of occupancy (CO) permit for the dwelling. The large trees shall be placed in the front of a residential lot including at least one (1) Large Canopy tree planted in the front yard. Three (3) Small Ornamental trees may be substituted for one required large tree. Trees with deep roots may be planted in the area between the sidewalk and the road if approved by the City Administrator. In instances where healthy plant material exists on a site prior to its development, the application of the required tree requirements may be adjusted if these standards are satisfied. The following minimum standards apply:
Zoning
No. of Required Large Trees
UE
2
SF-1
2
SF-2
2
SF-3
2
MH
1
MF-1
1 per unit
MF-2
1 per unit
(b) 
Yard:
All residential lawns under 20,000 square feet and all other disturbed soil areas must be covered with vegetation, including sodded grass, living ground cover, mulch, and/or decorative stone, in order to help hold the soil in place and prevent erosion. Mulch, living ground cover, gravel, rock gardens, and decorative stone may be used for patterns, beds, erosion control, and in other limited application; however their use shall not be the predominant ground cover.
3. 
Nonresidential Requirements.
(a) 
The developer of each lot or tract subject to these standards is required to provide a minimum landscaped area of 10% of the lot area to be utilized. Required landscaped area must be living trees, shrubs, turf, and/or other living groundcover, native to Central Texas and Bell County, as described below. Each phase of a phased project shall comply with the requirements of this Section. The required landscaped area must be located in the front and/or side yards, except in the GB, LI, and HI districts where no front or side yard is required. In these districts, required landscaping shall be provided between the main building(s) and the street(s) to which the building(s) is (are) oriented.
(b) 
The street right-of-way adjacent to the required landscaped area shall be maintained by the adjacent property owner in the same manner as the required landscaping.
(c) 
The height and placement of landscaping shall observe the intersection visibility triangle defined in Section 13-101-1.
(d) 
Where a fence or wall is required by Section 13-102-1, Screening Walls, Fences, it may be located within the required landscaped area.
(e) 
At least one (1) tree, two inches (2") in caliper is required to be planted in the landscaped area or parking lot for each twenty-five feet (25'), or fraction thereof, of linear street frontage. The required number of trees need not be placed uniformly, but may be clustered in groups. Tree species shall be a minimum of five feet (5') overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways, or other public works shall be prohibited. Trees planted shall be a minimum of 2" caliper except as indicated, staked and wrapped, and shall be live oak, red oak, cedar elm, bald cypress, silver maple, Japanese black pine, Mondale pine, or other trees of similar quality. Yaupon, crepe myrtle, and other similar trees shall not be required to be a minimum of 2" caliper. As an alternative to satisfying the requirement above for one tree per twenty-five (25') feet, three (3) shrubs, a minimum of five (5) gallons each in size, may be substituted.
(f) 
In instances where healthy plant material exists on a site prior to its development, the application of the above landscaping requirements may be adjusted if these standards are satisfied.
(g) 
All plant material required by this Section shall be maintained at all times in a living and growing condition. All required landscaping shall be irrigated by an automatic sprinkling system or have access to a hose connection within 100 feet of all landscaping.
(h) 
A final certificate of occupancy may be issued without the required landscaping in place, provided a letter of credit or other suitable assurance is given that landscaping complying with these standards will be installed no later than six (6) months after issuance of the certificate of occupancy.
8-913 
ENFORCEMENT
The City’s landscaping regulations herein shall be administered and enforced by the City Administrator or designee. It shall be unlawful and a violation of the City’s Code for a person to not comply with the City’s landscaping regulations. If a property is found to be in nonconformance with the standards and criteria of this Section or to an applicable approved landscape plan, the City Administrator shall issue notice to the owner, tenant, or agent, citing the violation and describing what action is required for compliance. The owner, tenant, or agent shall have thirty (30) days from the date of said notice to bring property into compliance. If the said owner, tenant, or agent fails to timely comply, such person shall be subject to applicable fines, fees, and or penalties, and as stated in City Code Section 1.01.009, for violating the City’s Code, and subject to CO revocation.
8-920 
SIDEWALK STANDARDS
1. 
Sidewalks are required to be built whenever a new building or structure is built on, or if an existing building or structure is remodeled/rebuilt/modified to increase its property value or size by 50% or more on, any lot or tract of land. Sidewalks are required along both sides of streets. The location of new sidewalks shall be in the established pattern, or as determined by the director of public works considering available right-of-way and existing or future infrastructure. Sidewalks shall be built in accordance with the City’s specifications and typical construction details.
2. 
Construction plans shall be submitted to the City with the building permit application. Required sidewalks must be constructed before the City will issue a certificate of occupancy or grant a final clearance for a new building or structure.
3. 
The intent of this provision is to provide safe, continuous pedestrian access along all streets, for the purpose safely linking residential areas, neighborhood services, retail services and public facilities.
4. 
The City Administrator may refer a request for waiver to the City Council or exercise discretion to waive all or a portion of the requirement that a sidewalk be constructed as a condition of a building permit if he/she determines:
(a) 
that because of special conditions of the property being developed or reconstructed, a literal enforcement of this section would result in unnecessary hardship;
(b) 
the spirit of this article is observed and substantial justice is done; and
(c) 
the waiver is not contrary to the public interest.
5. 
Factors.
In determining whether special conditions for granting a waiver exist, the City Administrator should consider:
(a) 
the anticipated volume of vehicular and pedestrian traffic in the area based on the proposed development and the current or future uses of surrounding property (as reflected by zoning, thoroughfare, sidewalk and area studies, maps and plans adopted by the City Council);
(b) 
the likelihood that a proposed new sidewalk will connect to other sidewalks in the adjoining areas;
(c) 
whether the area for which a waiver is being requested is likely to serve as a pedestrian link between public or private facilities in adjoining areas;
(d) 
whether any unique topographical or other physical conditions exist which negate or substantially lessen the need for a sidewalk; and
(e) 
whether due to the width or the anticipated reconstruction of adjoining roadways, construction of a sidewalk on the property under consideration makes economic sense.
(Ordinance 04092012-2 adopted 4/9/12; Ordinance 2013-1209-2 adopted 12/9/13; Ordinance 2013-1209-3 adopted 12/9/13; Ordinance 2022-9-2 adopted 9/12/22)