ORDINANCE NO. 765

AN ORDINANCE AMENDING THE SIDEWALK REGULATIONS IN CHAPTER 136 OF THE CODE OF ORDINANCES OF THE CITY OF SERGEANT BLUFF WOODBURY COUNTY, IOWA

BE IT ORDAINED by the City Council of the City of Sergeant Bluff, Iowa, that:

SECTION 1.  NEW SUBSECTION.  The Code of Ordinances of the City of Sergeant Bluff, Iowa is amended to add a new Subsection 136.02(2) to include a definition for “Business District” and renumber the subsequent definitions.  Subsection 136.02(2)  “Business District is hereby adopted to read as follows:

2.   “Business District” means the non-residential zoning areas within any of the City business districts including General Business, Central Business, Neighborhood Business District, Highway Service Business District, Heavy General Business District, Light Manufacturing, or Industrial districts. Business District shall also include any portion of a Planned Unit Development area that includes non-residential, commercial business development.

SECTION 2.  SECTION MODIFIED.  Section 136.03 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:

136.03   REMOVAL OF SNOW, ICE, AND ACCUMULATIONS.

It is the responsibility of the abutting property owners to remove snow, ice, and accumulations promptly from the entire sidewalk.  If a property owner does not remove snow, ice, or accumulations within a reasonable time, but in no case no more than 24 hours after the snow or ice ceases to fall or accumulate, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.  The Council may establish a schedule for calculating costs by resolution. The abutting property owner may be liable for damages caused by failure to abide by this duty.

SECTION 3.  SECTION MODIFIED.  Section 136.04 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:

136.04   RESPONSIBILITY FOR MAINTENANCE.

It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street. However, this section shall not be interpreted to require an abutting property owner to take any action with respect to a public sidewalk or right-of way when said action is made necessary by the excavation or other activity of the City or any other public utility or authorized right of way user.   

SECTION 4.  SECTION MODIFIED.  Section 136.05 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:

136.05   CITY MAY ORDER REPAIRS.

If the abutting property owner does not maintain sidewalks as required, the Building Official may serve notice on such owner, by first-class or certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Building Official may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

SECTION 5.  SECTION MODIFIED.  Section 136.07 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:

136.07   PERMIT REQUIRED AND BUILDING PERMIT REVIEW.

1.No person shall remove, reconstruct, or install a sidewalk unless such person has obtained a permit from the City and has agreed in writing that said removal, reconstruction, or installation will comply with all ordinances and requirements of the City for such work. 

2. Whenever a building permit application is required for new residential structures or any scope of work on Business District property, an evaluation of the site shall be conducted to determine whether a public sidewalk exists or is required. If no sidewalk exists, the Building Official may require the installation of an on-site sidewalk connecting the site to the existing or required public sidewalk, in accordance with the provisions outlined in this chapter.

SECTION 6.  SECTION MODIFIED.  Section 136.08 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:

136.08   SIDEWALK STANDARDS.

Sidewalks repaired, replaced, or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

1.Cement. Portland cement shall be the only cement used in the construction, replacement and repair of sidewalks.

2.Construction.  Sidewalks shall be of one-course construction. 

3.   Sidewalk Base.  Concrete may be placed directly on compact and well-drained soil.  Where soil is not well drained, a three-inch sub-base of compact, clean, coarse gravel or sand shall be laid.  The adequacy of the soil drainage is to be determined by the City. 

4.   Sidewalk Bed.  The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

5.   Length, Width and Depth.  Length, width and depth requirements are as follows:

A.   Residential sidewalks shall be at least four (4) inches thick, and each section shall be the same length as the width. Sidewalk widths shall be in accordance with the following:

(1)   Existing sidewalks and new sidewalks located in any residential subdivision platted prior to January 1, 2017 shall be a minimum of four (4) feet in width.

(2)   New sidewalks in any residential subdivision platted after January 1, 2017 shall be a minimum of five (5) feet in width.

B.   Business District sidewalks shall extend to the curb. Each section shall be (4) inches thick and a width of between a minimum of five (5) feet and up to ten (10) feet as specified in an approved plan.

C.   Driveway areas shall be not less than six (6) inches in thickness.

6.   Location.  Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the City Administrator and the Building Official establish a different distance due to special circumstances.

7.   Grade.  Curb tops shall be on level with the centerline of the street which shall be the established grade.

8.   Elevations.  The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.   

9.   Slope.  All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.

10. Finish.  All sidewalks shall be finished with a “broom” or “wood float” finish. 

11. Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. All sidewalk and curb ramps must be free of barriers or hazards that obstruct the pathway (manholes, hydrants, utility fixtures, etc.). Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable Federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board.

12. Pedestrian Circulation Requirements in Non-Residential, Business District Areas. Where a public sidewalk exists or is required, the following pedestrian circulation design standards and requirements must be met for all non-residential, business zoning districts or areas, unless otherwise specified or required in other sections of this code: 

A. An on-site sidewalk shall connect the public sidewalk to at least one pedestrian entrance of each business or unit within the primary structure on the site. Where multiple businesses are within the same building, the on-site sidewalk shall provide a continuous pedestrian path between each business entrance. On corner lots, on-site sidewalks shall connect both public sidewalks to a primary pedestrian entrance of the primary structure on the site. 

B. Where two or more buildings are on the same lot, on-site sidewalks shall connect at least one pedestrian entrance to each building.

C. Where private streets or access easements allow vehicular access to a property, on-site sidewalks shall connect along said private street or access easement to each structure in the development.

D. Where crossing vehicle paving, driveways, parking lots, or other similar areas, pedestrian pathways shall be clearly identifiable through the use of striping, a different paving material, or other similar methods.

SECTION 7.REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. In all other respects, The Code of Ordinances of the City of Sergeant Bluff shall remain in effect as previously adopted. 

SECTION 8. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 

SECTION 9. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage and approval and publication as provided by law. 

Passed by the City Council of the City of Sergeant Bluff on the 8th day of July, 2025, and approved this 8th day of July, 2025.

MAYOR JON WINKEL

Attest:

DANNY CHRISTOFFERS, CITY CLERK

First Reading:6/10/2025Vote for passage:  5-0

Second Reading: 6/24/2025Vote for passage:  3-0

Third Reading: 7/8/2025Vote for passage: 4-0

I, Danny Christoffers, City Clerk, do hereby certify that the above and foregoing was published as Ordinance No. 765 on 17th day of July, 2025.

DANNY CHRISTOFFERS, CITY CLERK