Wauseon City Zoning Code
CHAPTER 1144
Sidewalk Construction and Reconstruction
1144.01 DEFINITIONS.
As used in this chapter, the following definitions shall apply:
(a) "Administrator" means the Code Administrator or Director of Public Service.
(Ord. 2020-1. Passed 2-17-20.)
(b) "Construction" means the installation of new sidewalk where no sidewalk previously existed.
(c) "Dead End Street" means any street from which there is only one entrance or exit or which terminates in a cul-de-sac.
(d) "Reconstruction" means the maintenance, repair or modification of existing sidewalks.
(Ord. 1989-82. Passed 4-2-90.)
1144.02 AUTHORITY.
The Administrator shall be responsible for enforcing the standards and requirements set forth herein as they relate to the construction and reconstruction within the City limits.
(Ord. 1989-82. Passed 4-2-90.)
1144.03 STANDARDS FOR SIDEWALK REPAIR.
The Administrator shall require a notice to repair pursuant to Section 1144.07
when the following conditions exist:
(a) Misalignment: The vertical misalignment along any part of the seam between to slabs, or between sections within a slab fractured by cracks, 3/4 inch in elevation or greater. (See appendix for illustration.)
(b) Spalling: Slabs whose surface is granular and contains hazardous depressions or surface break-up in excess of 3/4 inch in depth. (See appendix for illustration.)
(c) Opening: Missing sections or gaps in excess of one inch between sections. (See appendix for illustration.)
(d) Humps or Sunken Sections: Humps in sections raised by roots or frost action, or sunken sections, when displaced more than one inch per foot or steeper from original configuration. (See appendix for illustration.)
(e) Loose or Cracked Sections: Excessive loose pieces or excessively cracked sections of concrete.
(f) Loose or Cracked Corners: Cracked corners less than nine square inches will not require repair.
(Ord. 1989-82. Passed 4-2-90.)
(Ord. 1989-82. Passed 4-2-90.)
1144.04 REQUIRED MAINTENANCE AND PROHIBITION AGAINST REMOVAL OF EXISTING SIDEWALKS.
(a) No person may remove existing sidewalks without replacing the sidewalks with new sidewalks in conformity with the specifications herein.
(b) No owner of land within the City shall fail to keep his sidewalks and tree lawn in a state of repair consist with the standard set forth herein.
(c) Within twenty-four hours after the cessation of any snowfall, all owners or occupants of land abutting a sidewalk shall remove any accumulation of snow.
(d) No owner or occupant of land within the City shall fail to keep his sidewalk free from ice or other obstructions.
(e) Whoever violates this section is guilty of a minor misdemeanor. Each day that said violation continues shall constitute a separate offense.
(f) The Mayor or his designee may cause inspection of sidewalks within the City to determine their conformance with the standard set forth herein above.
(Ord. 1997-4. Passed 2-3-97.)
1144.05 PERMIT TO CONSTRUCT OR RECONSTRUCT SIDEWALK.
All construction or reconstruction shall require a permit to assure compliance of such construction or reconstruction with the specifications as prescribed herein.
(a) No person shall commence construction or reconstruction without first obtaining a permit from the Administrator.
(b) Application for permit shall be available through the office of the Department of Zoning, Building and Housing on a form satisfactory to the Administrator.
(c) The Administrator may inspect properties where construction or reconstruction is taking place under the following conditions:
(1) When requested by the owner for the purpose of determining whether or not the owner's plans and specifications match the standards for construction and reconstruction set forth herein.
(2) At such time as the Administrator deems necessary or appropriate.
(Ord. 1989-82. Passed 4-2-90.)
(d) All construction or reconstruction of sidewalks undertaken by the City of Wauseon on property owned by the City of Wauseon shall be inspected by the Administrator. However, the City shall not require a permit from the Administrator for such construction or reconstruction. At the time the construction or reconstruction is completed, the Director of Public Service shall so notify the Administrator so that an inspection may take place.
(Ord. 1992-4. Passed 6-15-92.)
1144.06 STANDARDS FOR CONSTRUCTION AND RECONSTRUCTION.
(a) Location: Sidewalks shall be placed on the street right-of-way as near as practicable to the edge of the right-of-way running parallel with the centerline of the adjacent street.
(Ord. 1989-82. Passed 4-2-90.)
(Ord. 1989-82. Passed 4-2-90.)
(b) Width and Thickness:
(1) Sidewalks in residential areas shall be the same width as the majority of eixsting sidewalks located on the same side of the street and within the same block as the property upon which construction or reconstruction is to take place.
(2) Where no sidewalk exists on the same side of the street or within the same block, sidewalks shall be four feet wide.
(3) In all cases, sidewalks shall be a minimum of three and one-half inches thick, except at drive approaches as set forth in subsection (k) hereinafter.
(Ord. 1996-16. Passed 4-15-96.)
(c) Slope: Sidewalks shall slope toward the street 1/4 inch per foot, e.g., the edge closet to the street shall be one inch lower than the edge adjacent to the property line.
(d) Subgrade: All soft or spongy material shall be removed and replaced with suitable material and compacted until it is firm. Prior to forms being set, grass and other plant material must be removed. The subgrade should be wetted down the night before the concrete is poured and shall be damp at the time of pouring.
(e) Forms: Forms shall be of wood or metal and extend a sufficient depth to contain the concrete and shall be of sufficient strength to resist the pressure of the concrete without springing.
(f) Concrete: Concrete shall test 3750 psi at 28 days with not less than six sacks of cement per cubic yard of concrete regardless of strength obtained.
(g) Grade: Sidewalks shall be installed at such a grade of elevation so as to prevent water from pooling upon the sidewalk area.
(h) Finishing: The concrete shall be deposited in a single layer. It shall be struck off with a template and smoothed with a float so that the wearing surface shall be uniform and even throughout its length and width. Final finish shall be a "sandy" or "broomed" texture. No plastering will be permitted. All outside edges and troweled joints shall be edged with a 1/4 inch radius edging tool.
(i) Joints: Sawed or troweled joints shall be placed at intervals of five feet and shall be perpendicular to the outside edges of the walks.
(j) Joints at Abutting Property: When construction or reconstruction abuts other sidewalks of nonconforming size, the abutting sidewalk shall be flared to meet new construction.
(k) Driveways in Residential Areas: Where there is an existing concrete or asphaltic drive in reasonably good condition, the sidewalk may terminate at the edge of such a drive. Where stone or dirt driveways exist or the drive in the area of the sidewalks is not in good condition, then the sidewalk shall be constructed across the driveway and shall be six inches thick. The Administrator will make the final determination with regard to the condition of a driveway.
(l) Tree Roots: If a property owner believes that tree roots are or may cause difficulties with the construction or reconstruction, the property owner shall contact the Public Service Director, who shall recommend a course of action to be taken.
(Ord. 1989-82. Passed 4-2-90.)
(m) Commercial and Industrial: Sidewalks in commercial or industrial districts shall conform to standards as determined by the Administrator on a case by case basis. In determining the standards for sidewalks in commercial areas, the Code Administrator shall consider the following factors:
(1) The amount of vehicular traffic in the area;
(2) The current commercial usage for the property in question and the current commercial usage for the property in the immediate vicinity of the affected property;
(3) The proximity of the sidewalks to schools, parks, recreation areas and public buildings;
(4) Pedestrian traffic volume;
(5) Traffic patterns within the area;
(6) The number of entrances or exits to the commercial establishment;
(7) Any other relevant factual basis which the Administrator deems appropriate.
(Ord. 1996-16. Passed 4-15-96.)
1144.07 NOTICE TO OWNER.
(a) When the Code Administrator determines that it is necessary for construction or reconstruction within the City in accordance with the standards and specifications prescribed herein, the Code Administrator shall make a recommendation to Council who shall accept or reject such recommendation by majority vote. The Clerk of Council shall then notify the Administrator who shall prepare a statement showing the location of the sidewalk, the nature of the construction or reconstruction required to conform to the standards and specifications prescribed herein, and the time period within which such construction or reconstruction must be completed. The statement and notice shall be served on the owner of the property either personally or by regular U.S. Mail addressed to the tax mailing address set forth on the records of the Fulton County Auditor. In the event that the owner cannot be notified by personal service or by mail, the notice shall be served by publishing such notice for two consecutive weeks in a newspaper of general circulation within the City. The notice shall state a time within which such construction or reconstruction must be completed.
(b) Nothing herein shall prevent the Administrator or other representative from the City from communicating the determination of the Code Administrator by personal contact.
(Ord. 2006-12. Passed 6-5-06.)
1144.08 SIDEWALK VARIANCE.
(a) An owner of a lot or parcel of land in the City engaged in construction or reconstruction may petition to the Administrator for a variance to the specifications herein. Such petition shall be in writing and state the reasons necessary for such variance. The authority to grant any variance shall rest within the sound discretion of the Administrator after consideration is given to the conditions for granting of variance set forth in division (b) hereinafter. The Administrator's determination shall be given to the property owner in writing either by personally delivering a copy to the property owner or by mailing a copy to the property owner by regular U.S. Mail.
(b) Conditions for granting a variance:
(1) Special conditions and circumstances must exist which are peculiar to the proposed construction or reconstruction of sidewalks; and
(2) The special conditions and circumstances are not created solely by the applicant; and
(3) Granting of the variance will not be materially detrimental to the public welfare or injurious to the neighborhood in which the property is located or in conflict with the general intent of this chapter.
(Ord. 1989-82. Passed 4-2-90.)
1144.09 INSTALLATION OF NEW SIDEWALKS.
(a) From time to time, the Code Administrator shall make recommendations to Council as to construction or reconstruction. Council may accept or reject such recommendations by majority vote. The Code Administrator shall make his determination of which properties will require construction or reconstruction based on the following criteria:
(1) Proximity to schools, parks, recreational areas and public buildings;
(2) Pedestrian traffic volume;
(3) Any other relevant factual basis which in the Code Administrator’s sole discretion is deemed relevant to make the determination.
(Ord. 2006-11. Passed 6-5-06.)
(b) No Certificate of Occupancy shall be issued to any residence located in a subdivision platted after the enactment of this section unless one of the following is applicable:
(1) The property on which the residence sits has a sidewalk conforming to the requirements of the Codified Ordinances of the City of Wauseon.
(2) The owner of the property has posted a bond or certified check with the Finance Director of the City of Wauseon in an amount equal to thirty dollars ($30.00) per linear feet of sidewalk that is required to be installed as certified by the Code Administrator. If the owner installs the sidewalk within 120 days of issuance of the Certificate of Occupancy, the bond or certified check shall be returned to the owner. If the owner does not install the sidewalk within the 120 days of issuance of the Certificate of Occupancy, the Finance Director shall proceed against the bond or cash the check, and the sidewalk shall forthwith be installed by the City under the supervision of the Code Administrator. An owner may apply for one 60-day extension of the 120 time-period by submitting an application for such extension, on a form provided by the City, to the Code Administrator. Such application must be received by the Code Administrator no later than ten (10) days prior to the expiration of the original 120 day period. The Code Administrator shall have sole discretion to determine whether the requested extension shall be granted or denied. Such decision shall be in writing and mailed to the owner by regular mail no later than five (5) days after receipt of the application.
(Ord. 2009-1. Passed 4-6-09.)
(c) Should Council adopt the recommendations of the Code Administrator, notification of the effected property owners shall occur as provided in Section 1144.08
.
(Ord. 2006-11. Passed 6-5-06.)
1144.10 COST DISTRIBUTION.
(a) The City shall bear all costs of construction of any handicapped ramps for access to sidewalks where required by Federal, State or Local law.
(Ord. 1995-8. Passed 6-21-95.)
(b) When in the opinion of the Administrator a sidewalk has been damaged by trees lying within the tree lawn, the City may at its expense cause the damaged portions of the sidewalk to be repaired or replaced.
(Ord. 1998-3. Passed 2-16-98.)
(Ord. 1998-3. Passed 2-16-98.)
1144.11 INSPECTION.
The Administrator shall schedule an inspection of any sidewalk wherein a complaint is received by the Administrator setting forth the location of the alleged defective sidewalk.
(Ord. 1992-4. Passed 6-15-92.)
1144.12 APPEAL.
(a) The lot owner may appeal any decision of Council regarding the construction or reconstruction to the Board of Zoning Appeals when the following apply:
(1) He is the owner of the lot on which construction or reconstruction is taking place.
(2) The construction or reconstruction ordered by Council will have a substantial impact on the lot owner's property.
(b) The appeal process shall occur in the following manner:
(1) The appeal shall be filed with the Administrator in writing within seven days of the date in which the Administrator notified the owner.
(2) The Board of Zoning Appeals shall conduct a hearing within thirty days on the matters set forth in the appeal.
(3) The Board of Zoning Appeals shall render a decision within five business days of the hearing.
(4) Such decision shall be communicated to the owner by regular U.S. Mail.
(Ord. 1992-4. Passed 6-15-92.)
1144.99 PENALTY.
Whoever violates any provision of this Ordinance shall be guilty of a minor misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) for each offense. If repairs or new construction are made contrary to this chapter each day that such construction or repair continues shall constitute a separate offense.
(Ord. 1989-82. Passed 4-2-90.)