§ 40-17. Sidewalk and planting strip required.

Except as provided in subsections (5) and (6) of this section, construction of sidewalks and planting strips shall be required along public street frontages in conjunction with new development.

(1)

Such sidewalks shall be constructed to a minimum width of five feet and a minimum thickness of four inches of concrete. All sidewalks shall be placed in the street right-of-way where sufficient right-of-way exists and shall be a minimum distance of six feet off of the back of the curb in order to accommodate a planting strip. Sidewalks shall contain a minimum of six inches of concrete at driveway crossings. Sidewalks shall comply with the Americans with Disabilities Act and shall be constructed in accordance with North Carolina Department of Transportation standards.

(2)

Where public right-of-way is not sufficient, such sidewalk and/or planting strip may be located wholly or partially within a perpetual easement in favor of the city.

(3)

Such sidewalk and/or planting strip may be located within the designated landscape area as required under section 14-5.1 of the Unified Development Ordinance, if feasible.

(4)

The six-foot planting strip shall be grassed or otherwise landscaped with plant material. If street landscaping is required under section 14-5.1 of the Unified Development Ordinance, such landscaping may be located within the planting strip if feasible. Along roads that do not have curb and gutter, sidewalks shall be located on the lot side of road side ditches.

(5)

Development in the following locations is exempt from this section:

a.

Along existing alleys;

b.

Along existing cul-de-sac streets and/or permanent dead end streets of less than 500 feet in length where no sidewalks are present and along the bulb of existing culs-de-sac; and

c.

Along streets that are designated as freeways by the City of Shelby on the comprehensive transportation plan.

(6)

The following types of development are exempt from this section:

a.

Changes of use in existing buildings;

b.

Expansions of existing buildings by less than 33 percent of the building area or 2,000 square feet, whichever is less;

c.

Renovations and facade improvements to existing buildings with no expansion;

d.

Accessory structures; and

e.

Single-family and two-family dwellings on existing lots of record.

(7)

Where because of topography, geography, drainage features or other unusual conditions relating to the site, strict compliance with this section shall cause an unusual or unnecessary hardship, the technical review committee may vary any of the requirements set forth in this section. Within areas zoned CB where the installation of a planting strip would serve no public purpose and/or not be in keeping with adjacent developed areas along the same street, the planning staff may vary the planting strip requirements set forth in this section.

(Ord. No. 73-2012, § 1, 12-3-2012)