Prior to the adoption of Ord. 17007 on 09/04/2001, Section 24-35 read as follows.

(a)    No permit shall be issued for the construction of a new building on property located on an arterial or collector street and zoned for a commercial, office or multi-family use unless a sidewalk exists adjacent to the property along the arterial or collector street or unless the plans for the building provide for the construction of such a sidewalk.  The requirements of this section shall not apply to construction of accessory buildings.

(b)    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, letter of credit 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.

(c)    Upon application of the property owner, the city council shall waive the requirement of this section to provide plans for and construct a sidewalk if the council 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.  The granting of a waiver shall not affect the power of the city council to later install sidewalks adjacent to the property and levy special assessments against the property for construction of the sidewalks.

(d)    In determining the need for the sidewalk and whether the impact of the proposed development justifies the requirement that the sidewalk be built, the City Council shall consider all relevant factors such as:

    (1)    Pedestrian traffic generators such as parks and schools in the area,
    (2)    the existence of a sidewalk network in the 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,
    (5)    the cost of constructing the sidewalk,
    (6)    whether the terrain is such that a sidewalk is physically feasible, and
    (7)    the extent to which trees, ground cover and natural areas would be impacted by the sidewalk.