[Amended 7-30-1979 by Ord. No. 79-76]
The point of intersection of the lines of two street curb
faces extended into the street intersection.
A length of curb equal to 20 feet where an automobile or
other vehicle can park.
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 pavements, and which connects the driveway approach
to the street curb.
A place on private property for the operation of automobiles
and other vehicles.
An 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.
For clarification, a "driveway approach" must provide access to something
definite on private property, such as a parking area, a driveway or
a door at least seven feet wide, intended and used for the entrance
of vehicles.
The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines
of the roadway of two highways which join one another at, or approximately
at, right angles or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
A lot or lots or a tract officially registered under one
ownership.
Any paved section within the sidewalk area designed especially
for pedestrian travel.
That portion of a street between the curblines or the lateral
lines of a roadway and the adjacent property lines.
All driveways constructed prior to December 14, 1959, which do not conform to requirements of §§ 228-24 and 228-28 through 228-36 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 such space; and notice shall be served upon the owners or occupants of the land abutting such driveway to make the necessary changes within 30 days, after which time, if the changes have not been made, the City Engineer may proceed with City forces to make all required changes; and the cost of said changes shall be charged against the abutting owner as a municipal lien, or said cost shall be added to the tax roll as an assessment to be levied as a special tax against the abutting land owner, or said cost may be recovered in a lawsuit against such abutting owner, and the owner or occupant shall pay the cost of such work to the City.
[Amended 7-30-1979 by Ord. No. 79-76]
The City Engineer is hereby authorized to grant, in writing, variances from the strict application of the provisions of Articles II and III, provided that he first determines that the following conditions are present:
A.Â
That the exception or variance desired arises from
peculiar physical conditions not ordinarily existing in similar districts
in the City or is due to the nature of the business or operation on
the abutting property.
B.Â
That the exception or variance desired is not against
the public interest, particularly safety, convenience and general
welfare.
C.Â
That the granting of the permit for the exception
or variance will not adversely affect the rights of adjacent property
owners or tenants.
[Amended 6-2-1986 by L.L. No. 3-1986; 11-3-1997 by Ord. No. 96-36; 1-13-2003 by Ord. No. 2003-1; 3-25-2013 by Ord. No. 2013-12; Aug 2018 by Ord. No. 2018-07]
A.Â
Prior to the making of or altering or repair or replacement of any
sidewalk, curb, driveway or other structure within a street or other
public space, or the paving or repairing of more than 25 square feet
in a public space or on private property, the person or contractor
performing the work shall submit to the Bureau of Code Enforcement
plans, in duplicate, showing all the work it is desired to do. The
plans shall have all details in conformity with the requirements herein
and such other requirements as, in the opinion of the City Engineer
or his or her designee, are necessary.
B.Â
When the person or contractor submitting the plans shall agree to
execute all the work according to the requirements and has paid the
permit fee which shall be set from time to time by resolution, the
Bureau of Code Enforcement shall issue a permit to proceed, which
may be revoked at any time when the work is being carried on not in
accordance with the terms of the permit or to the dissatisfaction
of the Commissioner of Public Safety, the Building Inspector, City
Engineer or any of their designees. If the work is improperly executed
and completed, the Commissioner of Public Safety, the Building Inspector,
City Engineer or any of their designees may direct that it be rebuilt
or may rebuild with City forces, or contract the same to be done,
and the cost of said work shall be charged against the owner, or abutting
owner in the situation where the abutting owner is responsible for
the maintenance of the property, as a municipal lien, or said cost
shall be added to the tax roll as an assessment to be levied as a
special tax against the owner, or abutting owner in the situation
where the abutting owner is responsible for the maintenance of the
property., or said cost may be recovered in a lawsuit against said
owner or contractor.
D.Â
Curbs shall be constructed of either granite or concrete.
E.Â
A contractor as used pursuant to this chapter is defined as any person
performing any work as outlined in this chapter, whether they are
being compensated for performing the work or not.
An applicant for a permit hereunder shall file
with the Department of Engineering and Public Works an application
showing:
A.Â
The name and address of the owner or agent in charge
of the property abutting the proposed work area.
B.Â
The name and address of the party doing the work.
C.Â
The location of the work area.
D.Â
Attach plans showing details of the proposed alteration.
E.Â
Such other information as the Department of Engineering
and Public Works shall find reasonably necessary to the determination
of whether a permit shall be issued hereunder.
[Amended 6-2-1986 by L.L. No. 3-1986]
The Department of Engineering and Public Works
may approve a permit hereunder when it finds:
B.Â
The work shall be done according to the standard specification
of the City for public work of like character.
C.Â
The operation will not unreasonably interfere with
vehicular and pedestrian traffic, the demand and necessity for curb
parking spaces and the means of egress to and from the property affected
and adjacent properties.
D.Â
The health, welfare and safety of the public will
not be unreasonably impaired.
[Amended 7-30-1979 by Ord. No. 79-76; 6-2-1986 by L.L. No. 3-1986]
When, in the interest of public safety, the
City Engineer finds that a specific turning movement to or from a
driveway to a public street unreasonably interferes with pedestrian
or vehicular traffic, such turning movement shall be prohibited and
signs posted stating such prohibition.
