[Code 1955, § 5-1.9]
(a)
No person shall maintain, use or operate any trapdoor, coal hole
or other sidewalk unless the doors or covers for such opening shall
be of metal or reinforced concrete with nonslipping wearing surface
and unless the surfaces thereto shall be flat with the surface of
sidewalk, and shall present no hazard to traffic.
(b)
No coal hole, trapdoor or other sidewalk opening shall be allowed
to remain open, except when actually in use.
(c)
When any coal hole, trapdoor or other sidewalk opening is open, such
opening shall be protected by guards, not less than 32 inches in height
and fully protecting all sides of the opening; provided, however,
that the guard on the loading side may be removed therefrom during
the period of loading and unloading.
[Code 1955, § 5-1.6]
No person having the care, either as owner or occupant, of any
house, building or lot shall permit any snow, ice, dirt, rubbish,
including broken bottles and glass, filth, obstruction or other articles
or any nuisance to remain upon any sidewalks in front of such house,
building or lot for longer than 24 hours; and when ice is formed on
any sidewalk, the owner or occupant of the abutting premises shall,
within 12 hours after the same has formed, cause the same to be removed
or cause salt, sawdust, sand or other abrasive to be strewn thereon.
[Code 1955, § 5-1.10; Ord. No. 426, § 1; Ord. No. 1225, 10-7-1998; Ord. No. 1530, 3-4-2009; 1-17-2018 by Ord. No. 1720]
(a)
Permit required. No person shall make any opening in or through any
curb in any street, alley or public place without first obtaining
a written permit in accordance with this chapter from the City Engineer.
(b)
Requirements generally. No permits shall be issued, except upon approval of the Council, for any curb cut serving as an approach to any service driveway across any curb, sidewalk or public property which does not comply with the requirements of Chapter 39, and those set forth in Subsection (b)(1) through (9).
(1)
When the frontage of any premises does not exceed 40 feet in
width, there may be constructed one service driveway only, and such
driveway shall not exceed 10 feet in width which shall be in compliance
with Subsection (b).
(2)
When the frontage of any premises exceeds 40 feet in width, but does not exceed 50 feet in width, there may be constructed one service driveway which does not exceed 20 feet in width or two service driveways, when allowed by Chapter 39, each of which does not exceed 10 feet in width, which shall be in compliance with Subsection (b)(4).
(3)
When the frontage of any premises exceeds 50 feet in width but does not exceed 100 feet in width, there may be constructed two service driveways when allowed by Chapter 39, each of which does not exceed 20 feet in width, three service driveways when allowed by Chapter 39, each of which does not exceed 10 feet in width, or one service driveway which does not exceed 20 feet width, and one which does not exceed 10 feet in width, and all of such driveways shall be in compliance with Subsection (b)(4).
(4)
Not less than 18 feet of straight curb shall separate two curb
cuts under one ownership.
(5)
In case any one owner shall own nonresidential premises with
a frontage in excess of 100 feet, each 100 feet, or fraction thereof,
shall be considered as separate frontage.
(6)
No curb cut shall be made within 10 feet of the right-of-way
line of a street intersecting the street upon which the curb cut is
made.
(7)
The width of curb cuts and service driveways shall be determined
by the City Engineer.
(8)
No permanent cut may be made which, in the opinion of the City
Manager, may interfere with the safety of the public.
(9)
Width restrictions are measured at the right-of-way line for
purposes of this section. An additional flare of three feet for residentially
used properties, and an additional flare of five feet for nonresidentially
used properties are allowed in addition to the maximum width at the
right-of-way line.
(c)
Plans and specifications. No such curb cut shall be made except in
accordance with plans and specification established by the City Manager.
[1]
Editor's Note: Former Section 32-13, License–required;
application; fee; expiration, adopted as § 5-1.3 of the
1955 Code, amended by Ord. No. 426 and 3-4-2009 by Ord. No. 1530,
was repealed 10-7-2015 by Ord. No. 1662.
[1]
Editor's Note: Former Section 32-14, which pertained to license
application requirements, adopted as § 5-1.2 of the 1955
Code, as amended by Ord. No. 426, 1-3-1990 by Ord. No. 995, and 10-7-1992
by Ord. No. 1069, was repealed 3-4-2009 by Ord. No. 1530.
[Code 1955, § 5-1.3; Ord. No. 1530, 3-4-2009]
No person shall construct or repair any sidewalk, crosswalk,
driveway approach or curb without first obtaining a written permit
from the City Engineer. Before a permit is issued, the applicant shall
pay a permit fee as established by resolution of City Council.
[Code 1955, § 5-1.3]
No person shall construct or repair any sidewalk, crosswalk,
driveway approach or curb, except in accordance with the line, grade,
slope and specifications established in this chapter. The City Engineer
shall set proper grade and line stakes for such walks whenever the
same shall have been permitted or ordered.
[Code 1955, § 5-1.5]
All sidewalks shall be constructed in accordance with the specifications
on file in the office of the City Engineer.
[Ord. No. 1530, 3-4-2009; amended 1-17-2018 by Ord. No. 1720]
(a)
ENFORCING OFFICER
FRONT YARD
RESIDENCE
RIGHT-OF-WAY
SIDE YARD
SIDEWALK
Definitions.
The Director of Community and Neighborhood Services or its
authorized representative.
The dimension along the front line of the residence and the
right-of-way extending the full width of the lot. On a corner lot,
the narrowest lot dimension along a right-of-way shall be deemed the
front yard.
A newly constructed building or structure of four dwelling
units or less, constructed and designed for residential occupancy.
The open, unoccupied space between the traveled portion of
the roadway and the front yard or side yard lot line of the residence.
The dimension along the right-of-way extending from the front
yard to the rear yard. On a corner lot, the widest lot dimension along
a right-of-way shall be deemed the side yard.
A path designed for pedestrian or bicycle travel of Portland
cement, brick pavers, or other material being deemed similar by the
City Engineer and constructed in accordance with the specifications
of the City Engineer effective on the date of the issuance of a building
permit for the construction of the residence or other structure.
(b)
Construction of sidewalks; residential requirement; other.
(1)
Commencing on August 7, 1991, all residences in the City shall
be constructed with a sidewalk in the right-of-way abutting and extending
the width of the front yard. All residences constructed on corner
lots shall be constructed with a sidewalk in the right-of-way abutting
and extending the width of the front yard and side yard of the lot
of the residence. Sidewalks shall be constructed to extend and connect
adjacent and adjoining sidewalk installations or shall be installed
within the right-of-way as determined by the City Engineer.
(2)
Notwithstanding the foregoing provisions of Subsection (b)(1)
hereof, all residential structures containing more than four units,
churches, schools, commercial uses, or any other developments which
are required to install sidewalks as a condition of subdivision approval,
site plan approval, restrictive covenant, or development agreement,
shall construct sidewalks as required at the time of approval.
(c)
Issuance of certificate of occupancy. The enforcing officer shall
not issue a certificate of occupancy unless the residence shall comply
with the provisions of this section. The enforcing officer may issue
a conditional certificate of occupancy if compliance with this section
is rendered reasonably impracticable or impossible by weather, seasonal
construction limitations, or pending construction in the right-of-way.
The duration of a conditional occupancy permit shall not exceed six
months beyond the date of occupancy when issued for weather or seasonal
reasons, nor six months beyond the completion of construction for
other reasons. Occupancy of a residence or structure beyond the expiration
of the conditional occupancy permit shall constitute a violation of
this section.
(d)
Administrative variances. If a property owner clearly demonstrates that literal enforcement of this section is impractical or will impose undue hardship in the use of the residence because of peculiar conditions pertaining to his or her land, the City Manager may permit a variance as he or she administratively determines to be reasonable and within the general purposes of this section and chapter upon application of the criteria set forth in Subsection (e) hereof. In the event the City Manager determines to grant the request for variance, the City Manager shall file a report with the City Council delineating the findings of fact and conclusions for the grant of variance. The variance shall be effective within 30 days of the filing of the report by the City Manager unless the City Council shall reverse the determination of the City Manager.
(e)
Criteria for variances; findings; conditions.
(1)
City Manager considerations. In making an administrative determination
to grant a variance, the City Manager shall consider the following:
a.
The location of existing sidewalk and its proximity to the sidewalk
to be constructed for the residence;
b.
The existence of grades, open ditches, and topographical features
of the lot which would render the construction of sidewalk impractical
or constitute an unreasonable hardship;
c.
Special circumstances or conditions, including but not limited
to lot size, configuration, and proximity of inconsistent uses which
would mitigate against the strict application of this chapter;
d.
The anticipated construction of sidewalk by the City, private
property owners, or developers within reasonable proximity of the
residence.
(2)
Provisions to grant variance. No variance shall be granted unless
the City Manager finds that:
a.
There are special circumstances or conditions affecting the
property of the residence such that the strict application of the
provisions of this chapter would deprive the owner of the reasonable
use of his or her land.
b.
The variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
c.
The granting of the variance will not be detrimental to public
health, safety, or general welfare and would not create a precedent
which would prevent the enforcement of the ordinance for similar conditions
or situations in the area in which the residence is located.
(3)
Conditions. In permitting any such variance, the City Manager
may impose such conditions as shall be necessary to secure the objects
of this section or to preserve the public health, safety, and general
welfare.
(4)
Recommendation of City Engineer and other staff. In reviewing
the request for a variance, the City Manager may request input and
recommendations from the City Engineer or other departments of the
City.
(5)
Denial of variance. Upon the denial of a variance by the City
Manager, an aggrieved party may appeal the denial to the City Council
within 21 days of the date of denial. The City Council shall conduct
a public hearing, at which time the aggrieved party may present reasonable
evidence to support the request for a variance. The Council shall
apply the criteria set forth in Subsection (e)(1) hereof, and shall
grant a variance only upon the findings set forth in Subsection (e)(2).
(6)
Duration of variance. A grant of variance that is not limited
by a specific duration shall be deemed indeterminate in length, but
shall in no instance be considered a permanent waiver of sidewalk
requirements, nor abrogate in any way the right of the City to order,
install, or assess for sidewalks in accordance with other sections
of this Code or Charter upon a determination that conditions are necessary
for the construction of sidewalk in accordance with public need, health,
safety, and general welfare.
(f)
Building permits issued after effective date. This section shall
apply to residences or structures constructed pursuant to building
permits issued or renewed after August 28, 1991.
[1]
Editor's Note: Former Sections 32-18 through 32-20, regarding construction or relaying of sidewalks upon resolution of Council; sidewalk repair upon notice of the City Clerk; and repair by City Engineer upon failure of owner to comply with notice; adopted as § 5-1.4 of the 1955 Code, amended by Ord. No. 846, were repealed 7-21-2021 by Ord. No. 1797. See now Ch. 22, Art. II, Sidewalks.
