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AN ORDINANCE AMENDING THE JONESBORO CODE OF ORDINANCES, SECTION 117-330, ADOPTING A POLICY AND PROCEDURE FOR THE REQUIREMENTS OF SIDEWALKS ON ALL NEW COMMERCIAL AND MULTI-FAMILY DEVELOPMENTS HAVING 5 OR MORE UNITS, WITHIN THE CITY LIMITS OF JONESBORO, ARKANSAS
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WHEREAS, The City of Jonesboro desires to encourage orderly development and provide clarity within the existing code of ordinances regarding sidewalk requirements.
WHEREAS, The City of Jonesboro Code of Ordinances currently gives the Metropolitan Area Planning Commission authority to require sidewalks on multi-family projects of 5 or more units, and allows the discretion to require sidewalks to be installed on new commercial uses, with no defined policies or consistent enforcement.
BE IT ORDAINED by the City Council for the City of Jonesboro, Arkansas that:
SECTION ONE: Section 117-330, Sidewalks shall be amended as follows:
Sidewalks Required:
(a) Multi-family and Commercial Development. Sidewalks shall be required for all multi-family developments that contain five (5) units or more, and for commercial developments.
(b) Construction Standards. Sidewalks shall be constructed in accordance with all applicable City standards and specifications, and with all applicable ADA (Americans with Disabilities Act) requirements. If detached and set back at least five feet (5') from the back of the curb, such sidewalks shall have a minimum width of four feet (4'). If attached to the curb or located closer than five feet (5') to the curb, such sidewalks shall have a minimum width of five feet (5').
(c) Timing of Installation. Required sidewalks shall be installed prior to occupancy of any structure.
(d) The requirements of this section shall not apply to construction of accessory buildings.
(e) No certificate of occupancy shall be issued for any building described in subsection (a) if the building plans provide for construction of a sidewalk along an arterial or collector street unless the sidewalk has been constructed or the property owner has provided a bond, or other instrument acceptable to the director of public works guaranteeing construction of the sidewalk within six (6) months of issuance of the certificate of occupancy.
SECTION TWO: (ADD) Section 117-331: Sidewalk Waiver Process:
(a) Upon application of the property owner, the Metropolitan Area Planning Commission shall waive the requirement of this section to provide plans for and construct a sidewalk if the commission determines that the sidewalk is not needed or that the impact of the proposed development does not justify the requirement that the sidewalk be constructed or that there is a reasonable likelihood that the sidewalk would have to be removed and reconstructed in the near future.
(b) In determining the need for the sidewalk and whether the impact of the proposed development justifies the requirement that the sidewalk be built, the Metropolitan Area Planning Commission shall consider that all relevant factors have been demonstrated such as:
(1) Pedestrian traffic generators such as parks and schools in the area,
(2) the existence of a sidewalk network in the surrounding area,
(3) the density of current and future development in the area,
(4) the amount of pedestrian traffic likely to be generated by the proposed development, and
(5) whether the terrain is such that a sidewalk is physically feasible.
PASSED AND APPROVED this 15th day of December, 2015.