[HISTORY: Adopted by the City Council of the City of Butler: Art. I, 2-19-1987 as Part 9, Title 1, Art. 907, of the 1987 Codified Ordinances. Amendments noted where applicable.]
[Adopted 2-19-1987 as Part 9, Title 1, Art. 907, of the 1987 Codified Ordinances]
No person shall build, erect, construct, reconstruct, install, extend or enlarge any gasoline service station, garage, parking lot or any other similar construction requiring the removal of street curbing for the purpose of constructing a driveway, entrance or exit over the sidewalk without first obtaining a permit from the Office of Business and Community Development, provided that such driveway, entrance or exit is not in excess of ten (10) feet in width. If the driveway, entrance or exit exceeds ten (10) feet in width, no building permit will be issued until after a driveway permit has been approved by Council.
Application for such permit shall be in writing on such form as may be prescribed by the City Engineer and approved by Council and shall be signed by the lessee and owner of the premises. When required by the City Engineer, the application shall be accompanied by a plan showing the location of the property, the points of installation of pumps, tanks and other devices, including the building or buildings and the extent of the proposed driveway, entrance or exit and curb removal.
The applicant shall further agree that when the use of such approach is abandoned, the applicant or property owner shall replace the curb and restore the street to its original condition, and on failure to do so after ten (10) days' notice, the same may be done by the city. The cost of such restoration and repair plus ten percent (10%) shall be payable to the city by the owner of the property.
All driveways and ramps on paved streets shall be constructed of concrete, with circular curb returns as directed by the City Engineer, and shall cover the entire area between the curb and the property line, but shall not extend into the street pavement or gutter line, nor shall any device be constructed, either temporary or permanent, within the paved portion of the street.
Driveways shall be located so as not to interfere with or cut into the existing or proposed street or alley intersection curb returns.
In districts where an unpaved area exists between the walk and curbing, such area may be used as a ramp or sloping approach.
In districts where the sidewalk paving extends to the street curbing, necessitating the sloping of part of the actual sidewalk paving to form the ramp, one-third (1/3) of the actual sidewalk width may be sloped or ramped, but in no case shall the sloping of the actual sidewalk exceed three (3) feet in width, including the curb. In such case, the applicant will be required to furnish evidence satisfactory to Council that he is financially responsible and will fully indemnify the city against any and all loss or damage that may be caused or accrue to it by reason of the construction and maintenance of such driveway, entrance or exit and in signing the application the applicant assumes all such responsibility.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine of up to three hundred dollars ($300.) and costs of prosecution and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for up to ninety (90) days.