This article shall be known and may be cited as the "Right-of-Way Construction Article of the City of Brownfield."
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-100)
Terms, phrases and words and their derivations used herein shall, in addition to their common meanings, have the more specific meanings as follows.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person, firm, partnership, association, corporation, company or organization making application to perform construction within the right-of-way.
The City of Brownfield, Terry County, Texas.
The city council, city manager, building inspector, city attorney, city engineer, traffic engineer or other city officers or departments as used herein shall mean the respective officers or departments of the City of Brownfield, Texas, and their authorized representatives.
Includes any and all construction, excavation or other work done in the public right-of-way.
The rehabilitation and/or replacement of defective construction in the right-of-way.
Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way and not merely the improved portion of the said right-of-way.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Any person who has been granted and has in full force and effect a construction permit issued hereunder.
That additional parking area formed by setting the established street "curbline" back toward the property line of the property owner and shall include such recessed parking areas formed partly on private property and partly on public right-of-way.
A vertical or sloping member along the edge of a pavement strengthening or protecting the paving edge and clearly defining the pavement edge to vehicle operators. The surface facing the general direction of the pavement is the "face." The "curbline" is the line of the back edge, as distinguished from the face, and is as established by the city engineer for alignment of the curb.
The record owner of property abutting the public right-of-way.
All public right-of-way of streets or other public property within the city.
The angle between two (2) planes, one being the surface on which a vehicle is supported and the other being an inclined plane passing through the lowest points of the rear wheels and the lowest point of the rear bumper of the vehicle.
The line bisecting the angle formed at an intersection of the right-of-way lines bounding a property abutting both streets.
The area, construction, 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.
The general area where two (2) or more streets join or cross, within which are included the roadway and the roadway and the roadside facilities for traffic movements in that area.
A defined area separating two (2) driveway approaches, within the right-of-way, for control of vehicular movement and for pedestrian refuse.
All references to property frontage and driveway approach areas on the street adjacent to and bounding the abutting private property, as well as such additional frontage and driveway approach areas of adjoining property which by virtue of an easement, license or other agreement with the owner of such adjoining property, are under the control of the person making the improvements and may be used for driveway approach purposes.
The portion of the street including shoulders, which is used for vehicular traffic. On curbed streets it is the area between curblines.
As used on the drawings, identified as Plates lA through 8A inclusive, and included as a part of this article, are limits of design dimension and to which construction may be performed at the option of the permittee. (Plates 1A through 8A are on file with city).
An additional or supplemental inspection, which is necessitated by a noncompliance with the construction, authorized by the permit and required by this article.
Any person, firm, partnership, association, corporation, company or organization which conducts in the city a business of distributing to the citizens of Brownfield, electricity, gas or water or provides to the general public the service of telephone communication or sewage disposal and has the right to use and occupy the city streets, alleys, and other public places in conducting such business by virtue of an existing franchise granted by the city or by the right under the city charter.
As the word is used herein is defined as owner and occupant of the residential property adjacent to the right-of-way.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-101)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.109 of this code; and each day of violation under this article shall become a separate offense. Repeated violations of this article will be grounds for refusal by the building inspector to issue permits to such applicants.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-102)
This article shall not be construed as imposing upon the city or any city official or employee any liability or responsibility for damages to any person injured by the performance of any construction or excavation work for which a permit is issued hereunder; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-103)
The building inspector in working under this article shall be the administrative city official responsible under the city manager for right-of-way construction.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-105)
In the event of any emergency in which a sewer main, conduit, or utility in or under any street breaks, or is in such condition as to immediately endanger the property, life, health or safety of any individual, the person causing or knowing of such damage, break or condition shall immediately notify the owner of such facility of such fact, and the person owning or controlling such sewer main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility, unless exempt under Section 3.1212 of this article, shall apply for a permit not later than the end of the next succeeding day during which the city hall is open for business and shall not proceed with permanent repairs without first obtaining a permit hereunder.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-106)
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the work be performed as emergency work, the building inspector shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such work may be completed as soon as possible.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-107)
The normal conditions of traffic will not be disrupted without the approval of the chief of police. The chief of police shall prescribe such traffic controls as he deems necessary. Such controls are to be furnished by the permittee.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-108)
All construction work shall be performed and conducted so as not to interfere with access to the fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen (15) feet of fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-109)
(a)
The use of any property, construction and improvements existing and lawful at the time of the enactment of this article or any amendment thereto may be continued although such use does not conform to the provisions and regulations of this article.
(b)
No such nonconforming use or condition of any property, construction or improvement shall be hereafter extended or materially altered unless such extension or alteration shall conform to the provisions of this article; but nothing herein shall be deemed to prevent the normal maintenance and repair of any such nonconforming construction or improvement unless such nonconforming use creates a hazardous condition.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-110)
All construction within the public right-of-way of the city is prohibited unless such person shall first have obtained a permit therefore from the building inspector, unless such person is specifically exempt therefrom. Such construction shall specifically include:
(1)
The construction, demolition and/or repair of curbs, gutters, streets, sidewalks, driveway approaches, recessed parking areas and other construction in the right-of-way. This does not apply to such construction or repair on private property except where such construction or repair becomes an integral part of streets as a portion of a recessed parking area.
(2)
The digging up, breaking, excavating, tunneling, undermining or damaging of any streets as herein defined, or placing, depositing or leaving upon any street any earth or other material or obstruction.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-111)
(a)
Work done by the city or under city contract and under direction of the city is exempt from the provisions of this article.
(b)
Work done by public utility companies who operate under a current franchise from the city, or their contractors, is exempt from this article.
(c)
Work done by plumbers who are qualified and bonded with a valid permit from the City of Brownfield is exempt from the bond, insurance and permit fee provisions of this article, but must comply with the balance of said article.
(d)
Work done by governmental agencies or by contractors under contract and under direct supervision of governmental agencies is exempt from bond, insurance and permit fee provisions of this article, but must comply with the balance of said article.
(e)
Work done by a homeowner within the public right-of-way abutting his property shall be exempt from the bond and insurance provisions of this article, but said homeowner must comply with the balance of said article.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-112)
Permit fee and reinspection fees shall be charged by the building inspector for the issuance of right-of-way construction permits and for additional reinspection hereunder, which shall be in addition to all other fees or charges for any proposed construction work. These fees shall be in amounts varying with the type of construction, excavation or other work proposed.
(1)
Schedule of Permit Fees.
A schedule of permit fees shall be approved by the city council by resolutions from time to time.
(2)
Schedule of Reinspection Fees.
A reinspection fee schedule shall also be prepared and approved in like manner.
(3)
All permits and reinspection fees under this article for which no fee schedule has been approved or for each permit or reinspection not so listed in the approved fee schedules hereunder shall be issued upon the payment of a fee as provided for in the fee schedule found in the appendix of this code.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-113)
(a)
No permit hereunder shall be issued unless a written application for the issuance of said permit is submitted to the building inspector, the permit to contain such information as may be required by the city.
(b)
Two (2) sets of plans or sketches must be submitted showing the extent of the proposed work and/or such other information as may be required under the circumstances by the building inspector.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-114)
(a)
The building inspector shall issue a permit hereunder within seven (7) days after receipt of a proper application together with the permit fee and proper bond and insurance certificates, provided that the building inspector is convinced that the submitted plans for construction will meet all requirements of this article and other applicable city and state laws.
(b)
Upon approval of the permit, the building inspector shall deliver to the applicant such permit with one set of plans for the proposed work, indicating approval thereon, any revisions required in the proposed work and grades and/or bench marks necessary for compliance with the city design requirements.
(c)
Where there are special conditions, practical difficulties, or unnecessary hardships in the way of literal enforcement of the strict letter and provisions of this article, the building inspector is hereby authorized to vary the application of any such provisions in harmony with the general purpose and intent of this article, but consistent with public interest, safety and general welfare. Any substantial variances shall be in writing and shall be specifically noted in the permit.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-115)
It shall be the duty of the person making any excavation or improvement in any public street or right-of-way to maintain approved traffic-control devices and barricades as required by the Texas Manual on Uniform Traffic-Control Devices.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-116)
Before a construction permit as herein provided is issued to applicant, he shall deposit with the city secretary a performance bond in the amount of five thousand dollars ($5,000.00) payable to the city. The required performance bond must be:
(1)
With a good and sufficient corporate surety authorized to do business in the State of Texas.
(2)
Duly completed on a form prescribed and furnished by the city.
(3)
Conditioned upon the permittee's compliance and performance in accordance with the Code of Ordinances, as well as the specifications of the city; and said bond is further conditioned that the permittee shall fill up, restore and place in good and safe condition, as near as may be, to original condition, and to the satisfaction of the city all openings and excavations made in all streets, alleys or other public right-of-way. An annual bond may be given under these provisions which shall remain in force for a period of one year from date of initial work permit granted hereunder, or until all work under any permit granted within a year of the date of said original permit shall have been completed, as to all right-of-way construction or excavation work in public rights-of-way within the city.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-117)
(a)
Public Liability Insurance.
Before such permittee as described herein shall engage in any work described therein, he shall file with the city secretary and thereafter keep in full force and effect throughout the time of work, a policy or policies of public liability insurance issued by an insurance company authorized to do business in the State of Texas, which policy shall be approved by the city attorney and said policy shall be performable in Terry County, Texas, insuring the public against any loss or damage that may result to any person or property caused by the negligent or willful acts of said contractor or permittee or his agents or employees in the construction of or growing out of the construction of said work, provided that the maximum amount of recovery in such policy of insurance specified shall not be less than the following sums for damages caused by the construction of said work:
(1)
For bodily injury to any one person or the death of any one person in any one accident-$100,000.00.
(2)
For bodily injury in any one accident-$300,000.00.
(3)
For the injury or destruction of property in any one accident-$100,000.00 on each property injured or destroyed by said contractor.
(4)
A total of $300,000.00 for each accidental destruction or injury to all of said property in any one accident.
All policies of insurance shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. It shall be the duty of such permittee and the surety on the bond to give notice to said city by filing a written notice with the city secretary of the expiration of said policy at least ten (10) days before the expiration thereof. |
(b)
Workmen's Compensation Insurance.
It shall be the duty of the permittee herein to carry workmen's compensation insurance for all employees of said permittee who may be engaged in any construction or excavation work in the public right-of-way, said insurance to comply in all respects with the Texas law regarding workmen's compensation insurance, and evidence of which insurance coverage must be presented to the city engineer before any work is commenced under any permit granted by this article.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-118)
(a)
The permittee shall not disturb any surface monuments or hubs found on the line of work until ordered to do so by the city.
(b)
In the event that the permittee, his agent or his employees disturb or remove hubs or stakes, the hubs or stakes shall be replaced at the expense of the permittee.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-119)
The permittee shall not interfere with any existing improvements without the written consent of the building inspector and the person owning the improvements. If it becomes necessary to remove an existing improvement, this shall be done by its owner. No improvements owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned improvements shall be similarly borne by the permittee unless he makes other arrangements with the person owning the improvement. The permittee shall protect any improvements which may be in any way affected by his work. In case any of said improvements should be damaged, they shall be repaired in conformance with all applicable requirements by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefore. The building inspector shall have the authority to cause said necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond thereof. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, oil pipe, gas pipe, electric conduit, telephone conduit or other utility and his bond shall be liable therefore. The permittee shall inform himself as to the existence and location of all underground utilities and protect the same against damage. The work "improvement" shall include utilities.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-120)
The permittee shall at all times and at his own expense, preserve and protect from injury any adjoining property by providing proper safeguards and taking measures adequate for the purpose.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-121)
The permittee shall provide for the flow of all watercourses, sewer or drains intercepted during the work and shall replace the same in as good condition as they were found or shall make such provisions for them as the city may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from his failure to so provide.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-122)
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of the work any opening, machinery, equipment or other device having the characteristics of any attractive nuisance likely to attract children and hazardous to their safety or health.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-123)
(a)
The city may furnish information for and/or set stakes establishing curblines and grades for the construction, reconstruction or major repairs of any improvements covered by this article. All such construction shall be subject to approval of the city.
(b)
In those cases of original construction where the grade and location of the street curb and gutter cannot be established because of existing conditions, the street curb, gutter and sidewalk may be omitted upon request of the applicant and approval of the city council until such time as the remaining street curb and gutter and sidewalk fronting the abutting property is constructed. The applicant shall agree in writing to install street curb, gutter and sidewalk at such time as the remaining street curb and sidewalk fronting the abutting property is constructed. Said document shall be recorded at the Terry County Courthouse.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-124)
The city hereby expressly reserves the right when putting down a permanent street pavement, whether by original construction or reconstruction, to change or alter the lines and grades of said street when in the opinion of the city engineer, such change is necessary for the proper pavement or drainage of said street.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-125)
Construction and/or repairs shall be in accordance with the latest revision of the City of Brownfield standard specifications in effect as of the date of issuance of the permit. Construction or repairs not meeting these requirements shall be removed at the expense of the permittee.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-126)
(a)
When a new structure is to be built on a lot or moved onto a lot and used for other than residential purposes, right-of-way improvements shall be required on the property abutting the public right-of-way and sidewalks, curb and gutter shall be required around the portion of the property being improved. There shall be no right-of-way requirements for additions to existing buildings (commercial or residential). All construction in the right-of-way shall be subject to the provisions of this article, the Brownfield Subdivision Ordinance and other applicable codes and ordinances.
(b)
Construction improvements within the public right-of-way where permanent structures exist on the abutting property shall be allowed as long as such improvements do not create a hazardous condition and provided that all construction materials and methods conform to the provisions of this article.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-127)
All curbs, gutters, sidewalks, driveway approaches, etc., constructed, reconstructed or altered in city streets or alleys shall conform to the details shown in Plates lA through 8A, as on file in the office of the city secretary.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-128)
All work done by the permittee shall be done between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, except as otherwise provided in this article or unless otherwise authorized by the building inspector on the permit.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-129; Ordinance 2159 adopted 5/8/2025)
Each permittee shall conduct and carry out the work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the work noise, dust and unsightly debris, and during the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the building inspector, or in case of emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the occupants of the neighboring property.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-130)
The permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the street to its original condition or as near as may be, as soon as practicable, and in any event not later than the date specified in the permit therefore.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-131)
Repair work as defined herein shall comply with the provisions of this article to the extent practicable, except that sections of surface structures being replaced shall conform as nearly as possible in dimension, shape and appearance with the structure in place.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-132)
(a)
The permittee shall restore all streets, broken into or damaged as a result of the construction work, to their original condition in accordance with the city standard specifications.
(b)
Acceptance or approval of any work by the city shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within six (6) months from the completion of the work. The presence of a city representative during the performance of any work shall not relieve the permittee of his responsibilities hereunder.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-133)
The city shall make such inspections as are reasonably necessary in the enforcement of this article.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-134)
(a)
All sidewalks shall be constructed of concrete with the exception of commercial areas where there is adjacent or contiguous parking areas to the sidewalk area in which case the sidewalk area may be of asphaltic concrete at the option of the property owner, provided that:
(1)
The construction of the sidewalk area meets the requirements of this article pertaining to design standards for asphaltic concrete paving.
(2)
The sidewalk area is protected with a permanent curb constructed on the property line.
(3)
The property owner at all times maintains the asphalt sidewalk area in a safe and nonhazardous condition for public use.
(b)
The width of all nonresidential sidewalks shall be a minimum of four (4) feet in width and the other edge shall be adjacent to the curb. When adjacent to parking areas, the sidewalk shall be protected by permanent curb.
(c)
When bumper curbs were installed under permission granted by the city council prior to the passage of this article, the owner or occupant must maintain said bumper curbs in the same position as originally installed unless replaced by a permanent curb under the provisions of this article.
(Ordinance 1817 adopted 6/4/98)
Recessed parking areas may be installed only in special circumstances which do not interfere with traffic or other responsibilities of the city. A permit to install a recessed parking area shall be granted only to the abutting property owner and where he agrees to be bound to accept future cost of reconstruction or upkeep as may be required. This agreement must be recorded at the Terry County Courthouse. Recessed parking areas shall be constructed in conformance with Plate 5A, unless otherwise approved in writing by the city engineer.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-136)
(a)
Location and Angle of Intersection.
(1)
No driveway approach shall be permitted to encompass or encroach upon any municipal facility, provided that the relocation of municipal facilities may be authorized by the city manager if the construction of a driveway approach under the provisions of this article shall encroach thereon, and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the building inspector in the permit issued therefore.
(2)
At street intersections, no driveway approach or curb cut shall be permitted within the limits of the intersection of the extended right-of-way line with the curb line or pavement edge if no curb exists.
(3)
Where sidewalks exist, the beginning of the driveway approach shall not commence nearer the corner than the inside edge of the sidewalk.
(4)
It is the intent and policy of this article that the location and angle of a driveway approach in relation to the street intersection shall be such that a vehicle leaving the abutting property may turn into the lane of traffic moving in the desired direction and be channeled within such lane before crossing the intersection or proceeding along the street, and that a vehicle entering the abutting property may turn out of the nearest lane of traffic without interfering with other traffic.
(5)
No curb shall be laid down closer than five (5) feet to the interior property line measured along the curb face, except that for residential driveway approaches the distance shall not be less than three (3) feet.
(6)
The interior angle formed by the extension of the axis of a driveway approach and the centerline of the street shall fall between 45° and 90°.
(b)
Driveway Approach Width.
(1)
The total amount of curb cuts or laid down curb shall not occupy more than two-thirds (2/3) of the frontage abutting the roadway of the tract of ground devoted to one use. Where adjacent owners are using or will use off-street parking as a common parking lot, or when there are no physical barriers to prevent the use of the parking area as a common parking lot, then the area in question shall be deemed to be one tract devoted to one use for purposes of this article.
(2)
The width or throat of an undivided driveway approach shall not be greater than thirty-five (35) feet for commercial or public establishments and thirty-five (35) feet for residential properties, measured at right angles to the axis of the driveway approach.
(3)
Where the driveway approach is divided by an effective physical barrier the throat of the driveway approach may be a maximum of sixty-four (64) feet in width, and shall be constructed in conformance with requirements of Plate 8A (on file with the city).
(4)
Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty (60) feet. Where more dock space is required, the driveway approach shall be separated by a traffic island meeting the requirements of this article. Approaches built under the provisions of this subsection need not be limited to a total width of two-thirds (2/3) of the frontage as prescribed in subsection (c) below or limited as to number of driveway approaches but must comply with all other provisions of this article.
(c)
Number of Driveway Approaches Allowed.
(1)
Not more than two (2) driveway approaches shall be permitted on any tract with a frontage of one hundred (100) feet or less.
(2)
Not more than three (3) driveway approaches shall be permitted on any tract with frontage of more than one hundred (100) feet but less than three hundred (300) feet.
(3)
Not more than four (4) driveway approaches shall be allowed for any tract with more than three hundred (300) feet but less than six hundred (600) feet.
(4)
For tracts with frontage in excess of six hundred (600) feet one additional approach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600) feet.
(d)
Intermediate Island Between Two (2) Driveway Approaches.
Between any two (2) driveway approaches there shall be an intermediate island within the right-of-way of length not less than fifteen (15) feet measured along the property line and not less than fifteen (15) feet along the curb line between tangent points of return radii.
(e)
Construction Details of Driveway Approaches.
(1)
Where the driveway approach and the street pavement meet, flaring of the driveway approach shall be permitted to allow safe and easy turning of the vehicle either into or out of the abutting property. The radius of the flared edge of a driveway approach controlling the turning radius of a vehicle entering the abutting property by a right turn from the adjacent outside traffic lane of the street shall be as long as practical to provide a free and safe turning movement, but shall not be less than three (3) feet. The approach of any driveway shall be of such a length as not to be less than four (4) feet from back of curb, but in every case at least of such length to reach the back edge of the sidewalk.
(2)
Where curbing exists at the edge of the pavement, the edges of a commercial driveway approach shall be delineated and the driveway approach confined by curbing through the arc of the radius of the curb return.
(f)
Limitation on Use of Driveway Approaches.
Driveway approaches shall not be constructed or used for angle or recessed parking. To qualify as a driveway approach, the approach must provide access to a vehicle doorway, dock or an off-street parking lot with sufficient room for the vehicle to maneuver and re-enter the street front first from said parking lot.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-137)
In case a laydown curb, driveway approach or recessed parking area has become a hazard, the city may remove such laydown curb, driveway approach or recessed parking area and replace it with standard curb and gutter and where necessary, a sidewalk.
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-138)
All devices for servicing vehicles shall be so located that no part of the vehicle will extend into the right-of-way while being serviced and shall comply with applicable state law and the rules and regulations adopted by the State Board of Insurance, a copy of which is on file in the office of the city secretary entitled "Rules and Regulations for the Safe Storage, Handling and Use of Flammable Liquids at Retail Service Stations."
(1965 Code of Ordinances, Chapter 17, Article V, Section 17-139)