[Code 1964, § 20-59]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Those specifications approved and adopted by the Common Council.
The point of intersection of the lines of two street curb
faces extended into the street intersection.
The Corporation Counsel of the City or the Counsel's duly
authorized representative.
That portion of a curb next to a driveway approach which
includes the radius or curvature, or the ramp-type lug on commercial
or industrial-type pavement and which connects the driveway approach
to the street curb.
A place on private property for the operation of automobiles and other vehicles or a parking area between the sidewalk and curb authorized pursuant to section 2-16-215.
An area, constriction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property, such as a parking lot, a driveway, or a door at least seven feet wide intended and used for the entrance of vehicles, or a parking area between the sidewalk and curb authorized pursuant to section 2-16-215.
The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines
of the roadways of two highways which join one another.
The written permission issued with the approval and signature
of the Commissioner of Public Works and specifically authorizing a
person to perform certain work in accordance with the provisions of
the Charter and ordinances of the City.
Any person granted a permit pursuant to the provisions of
this article.
The Planning Board of the City.
[Code 1964, § 20-64]
The Planning Board may grant, in writing, variances from the
strict application of the provisions of this article, provided the
Board first determines that the following conditions are present:
(1)
The exception or variance desired arises from peculiar physical conditions
not ordinarily existing in similar districts in the City or is because
of the nature of the business or operation on the abutting property.
(2)
The exception or variance desired is not against the public interest,
particularly the safety, convenience and general welfare.
(3)
The granting of the permit for the exception or variance will not
adversely affect the rights of adjacent property owners or tenants.
(4)
The strict application of the terms of this article will work unnecessary
hardship on the property owner or tenant.
[Code 1964, § 20-65]
When, in the interest of public safety, the Commissioner of
Public Safety finds that a specific turning movement to or from a
driveway to a public street unreasonably interferes with pedestrian
or vehicular traffic, the turning movement shall be prohibited and
signs posted stating the prohibition.
[Code 1964, § 20-66]
All driveways constructed prior to August 8, 1962 which do not
conform to the requirements of this article which, in the opinion
of the City Engineer, are dangerous or which provide insufficient
raised curb space for the free use of pedestrians shall be altered
to provide the space, and notice shall be served upon the owners or
occupants of the land abutting the driveway to make the necessary
changes within 30 days, after which, if the changes have not been
made, the City Engineer may proceed to make all required changes.
The cost of the changes shall be charged against the abutting owner
as a lien or shall be added to the tax roll as an assessment to be
levied as a special tax against the abutting land owner or may be
recovered in a lawsuit against the abutting owner, and the owner or
occupant shall pay the cost of the work to the City.
[Code 1964, § 20-67]
Any sidewalks installed on the City's right-of-way after July
1, 1973 shall be of concrete construction as approved by the City
Engineer.
