Cross-reference:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 490, passed 8-23-63)
(A) It shall be unlawful for any person to cut, break out, or remove any curb along a street or alley without first obtaining a permit for a driveway approach, as hereinafter provided.
(B) It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extended, any driveway approach which can be used only as a parking space or area between the curb and private property.
(C) All permits granted for the use of public property under the terms of this sub-chapter shall be revocable at the will of the City Council.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Any person desiring to construct a driveway approach across any curbing, parking, sidewalk, or sidewalk space shall first make application to the City Engineer for a permit therefor. The application shall be in writing upon a form provided by the city, and made available at the office of the City Engineer. The application shall contain information showing type of construction, the width of the proposed driveway approach, the location of the driveway approach by lot and block number, as well as by street and house number, and other information as may be required by the City Engineer. The application shall be filed by the property owner desiring to construct the driveway approach or by his or her duly authorized agent.
(B) The permit shall be issued, at no charge, by the City Engineer if he has determined that the applicant has complied with the terms of this sub-chapter.
(Ord. 490, passed 8-23-63)
All work done under a permit issued in compliance with this subchapter shall be under the direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations, and specifications with respect to materials for and method of construction of driveway approaches. A permit issued under the provisions of this subchapter may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provision hereof.
(Ord. 490, passed 8-23-63)
In addition to the rules, regulations, and specifications promulgated by the City Engineer with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this subchapter.
(A) The outside of the driveway approach shall be a straight grade from the top of the curb to the grade of the outside sidewalk line.
(B) No curb cuts shall be made beyond any property line as projected except when consented to in writing by the adjoining property owner involved.
(C) The top of the paving of the driveway slab at the back of the curb line shall be 1e inches above the flow line of the gutter and shall slope in a straight line to the flow line of the gutter, and shall be constructed in a manner that will not interfere with or obstruct the drainage in the street.
(D) The owner and contractor shall protect the public from injury or damage during the construction of driveway approaches, and it is herein stipulated, as an essential condition of the issuance of a permit, that the city shall not be liable for damage which may arise from the prosecution of work.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Classification of driveway approaches.
(1) Driveway approaches shall be of two classes, namely, resident driveway approaches and business driveway approaches. Resident driveway approaches shall not exceed 20 feet in width at the outside sidewalk line, and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet.
(2) Business driveway approaches shall not exceed 35 feet in width at the outside sidewalk line, shall have at least one curb parking space between driveway approaches and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet. All business driveway approaches shall be paved.
(B) Width and location of driveway approaches. In addition to the width restrictions relative to driveway approaches set out in division (A) above, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with, to wit:
(1) Where the frontage of the parcel of land does not exceed 38 feet in width, there may be constructed only one driveway approach.
(2) Where the frontage of the parcel of land exceeds 38 feet in width, the curb cuts for driveway approaches shall not exceed 60% of the frontage of the parcel of land, provided however, that at least one curb parking space shall separate each driveway approach.
(3) No portion of a driveway approach except the curb return shall be constructed within 18 feet of a corner.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
Any plans submitted to the Building Inspector for approval which include or involve unusual driveway approaches or problems shall be referred by the Building Inspector to the City Engineer for his approval before a building permit shall be issued.
(Ord. 490, passed 8-23-63)
(A) Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property, and any driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by a street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this ordinance and the City Engineer or be removed. Upon the removal of any driveway approach, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(B) Whenever any driveway approach constructed under the provisions of this chapter no longer provides access for vehicles 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 driveway approach shall be removed forthwith, and that portion of the street occupied by the driveway approach shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
The City Engineer is hereby authorized to grant in writing variances from the strict application of the provisions of this chapter, provided he first determines that the following conditions are present:
(A) 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) The exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare.
(C) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.
(D) That the strict application of the terms of this subchapter will work unnecessary hardship on the property owner or tenant.
(Ord. 490, passed 8-23-63)
(A) The owner, agent or occupant of any lot or part or parcel of land abutting or fronting upon any sidewalk which is now or may hereafter be constructed upon any street of the city, who shall suffer or permit the accumulation of sand drifts or banks of dirt or the growth of weeds or the accumulation of filth and trash or other obstruction upon the sidewalk abutting upon his or her property commits a Class A violation.
(Ord. 56, passed 5-31-11; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B) Any person, firm, or corporation violating any provision of §94.03, or failing to comply therewith, commits a Class A violation.
(Ord. 696, passed 4-26-71; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(C) Any person who shall fail to make any repair required by §94.04 within five days after notified so to do by the Finance Director/Recorder commits a Class D violation.
(Ord. 92, passed 7-5-17; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(D) Offenses set forth in §§94.05 through 94.10 are Class A violations. Any person who shall attempt to commit any of the offenses mentioned in this division, but who for any reason is prevented from consummating the act, shall be guilty of an offense of attempt to commit as to that offense.
(Ord. 1976, passed 10-26-98; Am. Ord. 1976, passed 10-26-98)
(E) Any person, firm or corporation violating any of the provisions of §§94.20 through 94.26 commits a Class A violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punished.
(Ord. 556, passed 11-24-65; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(F) Anyone who violates a provision of §§94.35 through 94.51 commits a Class A violation. Every full business day during which a business activity continues to be conducted in violation of §§94.35 through 94.51 shall be considered a separate offense. Offenses under §§94.35 through 94.51 shall be heard by the Board of Appeals as a violation and not as a crime. As a violation, there is no right to jury trial or court-appointed counsel.
(Ord. 1942, passed 11-10-97; Am. Ord. 1976, passed 10-26-98)
(G) Any person violating any of the provisions of §§94.65 through 94.73, or causing, permitting, or suffering the same to be done, commits a Class A violation. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of §§94.65 through 94.73 is committed, continued or permitted. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or approval of, any violation of §§94.65 through 94.73.
(Ord. 490, passed 8-23-63; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)