§ 40-553 — Applicability

Sec. 40-553. - Applicability.

(a) Except as provided in subsection (b) of this section, any person or entity seeking approval for a building permit, certificate of occupancy, or other construction permit or approval required by this Code for any of the following activities must first obtain approval of a sidewalk plan in accordance with this article: (1) Construction of a new sidewalk within a public street or sidewalk easement; (2) Repair, reconstruction or replacement of 20 linear feet or more of an existing sidewalk within a public street or sidewalk easement; (3) Construction of a new single-family residential use other than a secondary dwelling unit; (4) Development of property for non-single-family residential use that requires a development plat under to section 42-22; (5) Construction of a new parking lot; (6) Construction of a parking lot addition greater than ten parking spaces to an existing parking facility, as those terms are defined in section 26-472; (7) Reconstruction of more than ten parking spaces or 25% of the total area, whichever is greater, of an existing permitted parking lot. Restriping parking spaces, asphalt resurfacing and other cosmetic, decorative or surface level enhancements shall not be considered reconstruction; (8) To establish the pedestrian route for off-site parking facilities as required by section 26-499; (9) Alterations to any non-single-family residential building or improvement within 15 feet of the minimum pedestrian realm along a transit-oriented development street or walkable places street that increases the building or improvement by 250 square feet or more; (10) Alterations to any non-single-family residential building or improvement that increases the exterior square footage of the building or the footprint of the improvement by more than 25%; (11) Construction of a new roadway within a public street; (12) Expansion or reconstruction of an existing roadway within a public street. Repair and rehabilitation work performed as described in subsection (b) of this section shall not be considered reconstruction or expansion; and (13) Removal of an existing sidewalk within a public street or existing sidewalk easement. (b) This article shall not apply to repair and rehabilitation work performed by governmental entities, political subdivisions, transit authorities, or local government corporations provided that: (1) Following the repair or maintenance of public infrastructure, any sidewalk that is disturbed is replaced in the same or better condition than existed before the repair or maintenance work; or (2) The width and location of a sidewalk is not fundamentally altered after rehabilitation improvements to extend the life and effectiveness of existing public infrastructure. Rehabilitation improvements may include, but are not limited to: pavement overlays, street panel replacements, resizing stormwater inlets, replacing or reestablishing curbs, regrading ditches, or the restoration of erosion or flood damage.

(Ord. No. 2023-58, § 2(Exh. A), 1-25-2023, eff. 3-1-2023)