SIDEWALK, SHARED-USE PATH, AND DRIVEWAY CONSTRUCTION AND REPAIR

Columbus City Codes tit. 9, ch. 905

in effect

Columbus City Codes § 905.01 Purpose.

905.01 - Purpose. The purpose of this Chapter is to protect the health, safety and welfare of all persons by way of preventing and/or abating hazardous sidewalk, shared-use path and driveway approach conditions within the public rights-of-way of the city of Columbus by establishing minimum standards relative to: (A) The maintenance and construction of sidewalks, shared-use paths, and driveway approaches within the public right-of-way; (B) The control and abatement of hazardous sidewalks, shared-use paths, and driveway approaches within the public right-of-way. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.02 Reserved.

Columbus City Codes § 905.03 Right to enforce.

905.03 - Right to enforce. The Director shall have the authority to enforce Columbus City Codes Chapter 905. (Ord. 588-06 § 2 (part); Ord. No. 2328-2021, § 11, 9-20-2021; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.04 Adoption of rules and regulations.

905.04 - Adoption of rules and regulations. As necessary and appropriate, the Director may promulgate rules and regulations to carry out the express purposes and intent of this chapter. The Director shall promulgate proposed rules and regulations by filing the same with the city clerk for publication in the City Bulletin pursuant to Section 121.05 of Columbus City Codes. (Ord. 588-06 § 2 (part); Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.05 Supervision and control.

905.05 - Supervision and control. (a) No person shall construct, reconstruct, repair, or level any sidewalk, shared-use path, curb, curb & gutter or driveway entrance in the public right-of-way, or easement either by private or public agreement, until after having obtained a written sidewalk, shared-use path, curb replacement, or driveway entrance permit from the Director. (b) All work shall be performed in accordance with the current Construction and Material Specifications of Columbus (CMSC), the city's current Standard Construction Drawings, and to the satisfaction and approval of the Director. Said CMSC and standard construction drawings shall be available to all members of the public for purchase or viewing within the Department during normal business hours. (c) Construction of or on any sidewalk, shared-use path, curb, curb and gutter, or driveway entrance within the public right-of-way or easement performed contrary to the provisions of this chapter, or the associated rules and regulations of the Director, shall constitute a violation of this code and may be ordered stopped and/or removed by the Director. The Director may order replacement of a sidewalk, shared-use path, curb, curb and gutter, or driveway entrance subsequent to such ordered removal. Sidewalk, shared-use path, curb, curb and gutter, and or driveway entrance removal and replacement shall be completed pursuant to the provisions herein within thirty (30) days after receipt of such order. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.06 Sidewalk and driveway entrance maintenance and repair.

905.06 - Sidewalk and driveway entrance maintenance and repair. (a) The abutting private property owner shall be responsible for the proper maintenance and repair of all sidewalks and driveway entrances within the abutting right-of-way or easement for any improved or unimproved street, alley, or other public way within the city, which provides access around, in, or to said private property. For driveway entrances, this includes any curb, to the nearest tool joint, constructed as a part of, or to accommodate the driveway entrance. This shall include dropped curb, mountable curb, combination curb and gutter or other curb condition at the street entrance to the approach, as well as any flairs and radii of the driveway approach. (b) All sidewalks, shared-use paths, curb ramps, and driveway entrances shall be constructed, reconstructed, and/or repaired through the use of Portland Cement Concrete except where existing sidewalk is composed of alternate materials that have been previously approved by the Director, as outlined within the city's standard construction drawings, or as authorized by the Director. All shared-use paths shall be constructed, reconstructed, and/or repaired through the use of either Portland Cement Concrete or hot mix asphalt concrete except where existing shared-use paths are composed of alternate materials that have been previously approved by the Director, as outlined within the city's standard construction drawings, or as authorized by the Director. Where existing sidewalks or shared-use paths are composed of alternate city approved materials, they shall be replaced in kind unless otherwise authorized by the Director. (c) In accordance with Chapter 912 of Columbus City Codes, trees, bushes, nor shrubs located within the public right-of-way or easement may be damaged or removed, including limbs and roots, to accommodate sidewalk shared-use path or driveway approach construction or repair without the prior approval of the Recreation and Parks Department. (d) All work related to the construction, maintenance, or repair of a sidewalk, shared-use path, driveway approach, or curb shall be performed in accordance with the permit conditions and restrictions as well as the rules and regulations promulgated by the Director pursuant to Section 905.03. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.07 Sidewalk specifications—Grade.

905.07 - Sidewalk specifications—Grade. (a) Sidewalks shall be constructed so as to conform with the specified locations, lines, grades, and widths on file in the Department and shall generally slope toward the street centerline where practicable. In no case shall these sidewalks be less than a minimum width of four (4) feet for all streets having a right-of-way width of twenty (20) or more feet, and shall be so located that the nearest edge of sidewalk to the back of the curb or edge of pavement along the street shall not be less than three (3) feet, unless otherwise approved by the Director. When a sidewalk is specified, or permitted, to be placed next to a curb in no case shall it be less than a minimum width of six (6) feet. Public sidewalks associated with this chapter shall be constructed within the existing public right-of-way, so as not to encroach upon private property, unless previously approved by the Director. Where the Director has approved the construction of a public sidewalk outside of existing right-of-way, said approval shall be contingent upon the property owner's granting of additional right-of-way or pedestrian access easement to the city under said sidewalk area. The form of acceptable property rights transfer shall be at the Director's discretion. (b) The line, grade, and cross-slope of sidewalks and shared-use paths shall comply with all requirements of the Americans with Disabilities Act of 1990, and all regulations and amendments promulgated thereto, and the city's standard construction drawings. No depression or lowering of the level or grade of such sidewalks or shared-use paths shall be recognized or permitted for the purpose of making or constructing a driveway or entrance to private or public property or premises bounding or abutting on such street from the roadway thereof except as permitted by an approved driveway entrance. (c) All sidewalks and/or shared-use paths constructed, reconstructed, or repaired at an intersection shall include the construction of an Americans with Disabilities Act of 1990 compliant curb ramp in accordance with the current CMSC, the city's standard construction drawings, and the rules and regulations associated with this chapter. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.08 Permits and fees.

905.08 - Permits and fees. (a) Prior to requesting a driveway entrance permit for any new commercial or multi-family development driveway entrance(s), or a new single- or two-family residential driveway on any roadway, the applicant shall submit site plans to the Director. The fee for permits to construct, reconstruct, or repair sidewalks or shared-use paths or driveway entrances shall be established by the Director. Such fees shall include the cost to issue, perform necessary inspections, and plan review as needed and required. Such fee shall be charged and collected by the Director and deposited with the City Treasurer to the credit of the development services revenue fund. (b) All permits herein provided for shall become null and void ninety (90) days from the date of issuance, if not used, and any money paid therefore shall in no case be refunded. No permit shall be issued except to the owner of the abutting property, a contractor holding a valid City of Columbus Home Improvement, or General Contractor's License, and in the case of commercial and multi-family unit (4 units or more) properties, the property's authorized agent. The Director may refuse to issue any permit when design is not in compliance with the associated rules and regulations of the Department, the city's standard construction drawings, and/or standard engineering profession principles, and shall refuse any permit where the Director has not approved the plans for construction of the requested driveway entrance. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.09 Driveway widths—Compliance.

905.09 - Driveway widths—Compliance. No single driveway entrance shall exceed thirty-five (35) feet in width at the curb line or edge of pavement without the consent of the Director. Only where traffic conditions, type of vehicle and/or volume of traffic using the proposed driveway entrance warrant may this maximum width be exceeded, but only with the Director's written consent. Where such driveway entrance is built, it must be built as a street intersection in accordance with current standard drawings and CMSC on file in the Department. Upon proper application and payment of the required fee by the owner of the premises, or the owner's authorized agent, and approval by the Director, a driveway entrance permit in excess of thirty-five (35) feet may be issued. All new driveway entrances shall be constructed so as to maintain a minimum of six-foot of clearance from existing water fire hydrants. (Ord. 588-06 § 2 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.10 Maintaining pedestrian and bicycle access.

905.10 - Maintaining pedestrian and bicycle access. Where public sidewalks or bikeways exist within the City of Columbus, they may not be eliminated, nor removed for any purpose other than their legal replacement, without the express written consent of the Director. It is also the intent and purpose of this chapter that pedestrian and bicycle access be maintained at all possible times during sidewalk, bikeway, and driveway approach maintenance and repair operations. Pedestrian and bicycle access and the re-routing of pedestrian and bicycle traffic where access cannot be maintained during maintenance and repair operations shall be performed in accordance with the Department 's rules and regulations relating thereto. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.11 Code maintenance violation criteria.

905.11 - Code maintenance violation criteria. (a) No abutting property owner shall allow the condition of the sidewalk, and/or driveway approach within the public right-of-way or easement to deteriorate beyond the criteria herein established. Criteria for ordering the replacement or repair of sidewalks, shared-use paths, or driveway approaches shall be any or all of the conditions described as follows: Offset of one-half (½) inch or greater; Crack which has a gap of greater than one-half (½) inch; An area where there exists a difference in elevation of material of one-half (½) inch or greater; Excessive deterioration, spalling or exposed gravel of one-half (½) inch or greater in depth; Excessive slope caused by a shifting of the sidewalk, shared-use path or driveway approach. (b) Patching shall not be permitted as a means of eliminating criteria for replacement. The complete removal or leveling of existing concrete shall be required of a concrete panel from joint to joint. If a construction tool joint is not present, then the entire area shall be corrected unless authorized otherwise by the Director. Where offsets, elevation differences, deterioration, and/or spalling exceeds one and one-half (1.5) inches in depth within a sidewalk, shared-use path or driveway approach, and/or where excessive sidewalk or shared-use path cross slope is equal to or greater than ten percent (10%), these conditions shall be considered just cause for emergency barricade and/or repair by the Director, as outlined within Section 908.05, Emergencies. (Ord. 588-06 § 2 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.071 Shared-use path specifications—Grade.

905.071 - Shared-use path specifications—Grade. (a) Shared-use paths shall be constructed so as to conform with the specified locations, lines, grades, and widths on file in the Department and shall generally slope toward the street centerline where practicable. In no case shall these shared-use paths be less than a minimum width of ten (10) feet for all streets having a right-of-way width of thirty-five (35) or more feet, and shall be so located that the nearest edge of sidewalk to the back of the curb or edge of pavement along the street shall not be less than three (3) feet, unless otherwise approved by the Director. When a shared-use path is specified, or permitted, to be placed next to a curb in no case shall it be less than a minimum width of eleven (11) feet. (b) Public shared-use paths associated with this chapter shall be constructed within the existing public right-of-way, so as not to encroach upon private property, unless previously approved by the Director. Where the Director has approved the construction of a public shared-use path outside of existing right-of-way, said approval shall be contingent upon the property owner's granting of additional right-of-way or access easement to the city under said shared-use path area. The form of acceptable property rights transfer shall be at the Director's discretion. (c) The line, grade, and cross-slope of shared-use paths shall comply with all requirements of the Americans with Disabilities Act of 1990, and all regulations and amendments promulgated thereto, and the city's standard construction drawings. No depression or lowering of the level or grade of such shared-use paths shall be recognized or permitted for the purpose of making or constructing a driveway or entrance to private or public property or premises bounding or abutting on such street from the roadway thereof except as permitted by an approved driveway entrance. (d) All shared-use paths constructed, reconstructed, or repaired at an intersection shall include the construction of an Americans with Disabilities Act of 1990 compliant curb ramp in accordance with the current CMSC, the city's standard construction drawings, and the rules and regulations associated with this chapter. (Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.075 Curb ramp requirements.

905.075 - Curb ramp requirements. All curb ramps constructed, reconstructed, or repaired shall comply with the Americans with Disabilities Act of 1990 and any subsequent modifications or amendments thereto, current Construction and Material Specifications of Columbus (CMSC), current City of Columbus Standard Construction Drawings, and applicable rules and regulations. In order to maintain a compliant Pedestrian Accessibility Route as defined by the Americans with Disabilities Act of 1990, off-premises public curb ramps and other necessary accommodations including pedestrian pushbuttons shall be required opposite the public curb ramps built or reconstructed by a developer adjacent to the property or by a public agency constructing an improvement. Said off-premises public curb ramps and other necessary accommodations including pedestrian pushbuttons shall be eligible for reimbursement according to the provisions of Section 4307.29(H). (Ord. No. 1713-2010, § 1, 12-13-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1984-2023, § 2, 7-31-2023)

Columbus City Codes § 905.99 Penalty.

905.99 - Penalty. (a) Subject to the provisions of Section 908.02, any person who violates any provision of this chapter shall be guilty of a misdemeanor of the third degree. (b) Each successive day of violation shall constitute a separate offense. (c) Strict liability is intended to be imposed for violations of this chapter. (d) Organizational criminal liability as provided for in City Code Section 2301.23 is intended for violations of this chapter. (Ord. 588-06 § 2 (part); Ord. No. 1984-2023, § 2, 7-31-2023)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT9STPAPUPRCO_CH905SISHEPADRCOREFetched: 10/27/2026