§ 4.2.5. Sidewalk Omissions  


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  • Except as noted below, sidewalks are required unless a variance or waiver is granted as provided in Chapter 25-6 of the Land Development Code. In determining whether a variance or waiver is appropriate, the factors in Table 4-3 will be considered. For site plans which represent small additions to or minor redevelopment of existing sites, the Director of the Watershed Protection and Development Review Department may, based on the magnitude of the project and its pedestrian impacts, either waive sidewalk requirements or require that sidewalks be installed only in the area affected by the addition or redevelopment.

    The absence of curbs and gutters on a street is not sufficient justification for elimination of sidewalks. However, where alternate design criteria for streets is permitted, sidewalks on curbed and guttered streets are generally required on only one side, and on streets which are not curbed and guttered, sidewalks are generally not required unless it is determined that sidewalks are the only means to provide an accessible path of travel or accessible route as defined by the Americans With Disabilities Act. Based on recommendations of the Directors of the Watershed Protection and Development Review Department, the Public Works Department, and the Transportation, Planning and Sustainability Department, the Planning Commission may require sidewalks on streets designed to alternate criteria, as determined essential for serving schools, commercial facilities, or other pedestrian generators, where environmental constraints have been addressed and as required to fulfill the requirements for accessible route as defined by the Americans With Disabilities Act.