[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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
Driveways shall be located so as not to interfere with
or cut into the existing or proposed street or alley intersection curb returns.
C.Â
In districts where an unpaved area exists between the
walk and curbing, such area may be used as a ramp or sloping approach.
D.Â
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.