For the purpose of this article, the following definition shall apply:
(a) Driveway - A place on private property for the operation of automobiles and other vehicles.
(b) Driveway Approach - An area, construction, or facility between the roadway of a public street and private property intended to provide access for vehicles from a 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 eight feet wide intended and used for the entrance of vehicles.
(c) Outside Sidewalk Line -A line parallel to the property line lying along the edge of the sidewalk nearest the street roadway or curb; or where no sidewalk exists. A line in the street right-of-way parallel to and at least four feet from the line of the private property.
(d) Corner - The point of intersection of the lines of two street curb faces extended into the street intersection.
(e) Curb Parking Space - A length of curb equal to 18 feet where an automobile or other vehicle can park.
(f) Parcel of Land - A lot or lots, or a tract officially registered under one ownership.
(g) Curb Return - That portion of a curb next to a driveway approach which includes the radius of curvature or the ram-type lug on commercial or industrial type pavements and which connects the driveway approach to the street curb.
(h) Resident Driveway Approach - A driveway approach providing ingress and egress to residential property.
(i) Business Driveway Approach -A driveway approach providing ingress and egress to any property other than residential property.
(j) Person - Every natural person, firm, partnership, association or corporation.
(Ord. 256, Sec. 1)
(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. All curb cuts shall comply with specifications determined by the city code official.
(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. All such work shall comply with specifications determined by the city code official.
(Ord. 02-697)
Any person desiring to construct a driveway approach across any curbing, parking, sidewalk, or sidewalk space, shall first make application to the city code official 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 code official. Such 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 such other information as may be required by the city code official. The application shall be filed by the property owner desiring to construct the driveway approach or by his or her duly authorized agent.
(Ord. 02-697)
Such permit shall be issued by the city code official if such official has determined that the applicant has complied with the terms of this article and paid the permit fee.
(Ord. 02-697)
The fees for permits for the construction of driveway approaches shall be as follows:
(a) For any resident driveway approach - $10.00 includes one inspection.
(b) For all other driveway approaches - $10.00 includes one inspection; if additional inspections are required, there will be an additional charge of $10.00 for each additional inspection.
(Ord. 02-697)
(Ord. 02-697)
Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.
(Code 1984)
All work done under a permit issued in compliance with this article shall be under the direction and supervision of the city code official, who is authorized to make the necessary rules, regulations, and specifications with respect to material for and method of construction of such driveway approaches. A permit issued under the provisions of this article may be revoked by the city code official at any time when such official is satisfied that the work is not being performed according to the provisions hereof.
(Ord. 06-297)
In addition to the rules, regulations and specifications promulgated by the city code official with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this article:
(a) the outside of the driveway approach shall be an approved 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) All curb returns shall be constructed pursuant to specifications outlined by the city code official, which said specifications may be obtained from the office of the city code official.
(d) The top of the paving of the driveway slab at the back of the curb line shall be one and five-eights 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.
(e) 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.
(f) All business driveway approaches shall be paved.
(Ord. 02-697)
Driveway approaches shall be of two classes: resident driveway approaches and business driveway approaches.
(a) Resident driveway approaches shall not exceed 40 feet in width at the outside sidewalk line; shall consist of a minimum thickness of six inches; shall conform to the design adopted by the city. The curb cut shall not exceed the width of said driveway approaches at the outside sidewalk line by more than six feet.
(b) Business driveway approaches shall not exceed 80 feet in width at the outside sidewalk line; shall consist of a minimum thickness of six inches; shall conform to the design adopted by the city; shall have at least one curb parking space between the driveway approaches. The curb cut shall not exceed the width of the driveway approaches at the outside sidewalk line by more than eight feet.
(Ord. 02-697)
In addition to the width restrictions relative to driveway approaches set out in section 13-210 herein, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with, to-wit:
(a) Where the frontage of the parcel of land does not exceed 38 feet in width, there may be constructed only one driveway approach.
(b) Where the frontage of the parcel of land exceeds 38 feet in width. the curb cuts fur driveway approaches shall not exceed 60 percent of the frontage of such parcel of land. provided, however, that at least one curb parking space shall separate each driveway approach.
(c) No portion of a driveway approach except the curb return shall be constructed within 30 feet of a street corner.
(Ord. 02-697)
Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner or the abutting property. Any driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this article and the city code official or be removed. Upon the removal of any such 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.
(Ord. 02-697)
The city code official is hereby authorized to grant in writing variances from the strict application of the provisions of this article, provided the city code official 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 operation on the abutting property.
(b) That the exception or variance desired is not against the public interest, particularly safety, convenience or general welfare.
(c) That 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 article will work unnecessary hardship on the property owner or tenant.
(Ord. 02-697)
No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the governing body.
(Code 1984)
It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and ward the traveling public of any construction work thereon or adjacent thereto.
(Code 1984)
No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic.
(Code 1984)
(a) No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the governing body.
(b) No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city governing body from waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city.
(Code 1984)
It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same.
(Code 1984)
It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley, or sidewalk within the city.
(Code 1984)
It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the governing body, nor to members of the fire department.
(Code 1984)
It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city.
(Code 1984)
It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys.
(Code 1984)
All persons owning, controlling, operating or managing any kind of motor vehicle in excess of five ton gross weight and moving the same over the public highway and streets, are required to lay down planks not less than one foot wide, three inches in thickness and of sufficient length when placed paralleled to curbing and guttering to allow the wheels of the vehicle to be supported by the planks, and across all crosswalks and sidewalks within the city limits. While crossing the same, all such curbing, guttering, crosswalks, and side- walks shall be planked in such manner as will prevent injury from all mechanical devices such as lugs.
(Ord. 289, Sec. 1)
Any person owning, controlling, operating or managing any engine or vehicle described in section 13-224 who shall crush or damage any curbing, guttering, crosswalk, or sidewalk located within the city limits, with such engine or vehicle on any highway or street within such city, either while complying with the provisions of section 13-224 as to planking or neglecting so to plank, while crossing the same, shall be liable for the damage done thereto. The person shall notify the mayor or a member of the city council, in writing, either by United States mail or in person within 24 hours after the time the curbing, guttering, sidewalks or crosswalks shall have been crushed or damaged, stating in such written notice the time at which such damage occurred, and stating the point along the street or highway which such curbing, guttering, crosswalk, or sidewalk is located and the nature and extent of the damage done thereto.
(Ord. 289, Sec. 2)
No person shall operate or move or permit the operation or movement on any street, roadway or highway located within the city limits, any motor vehicle, trailer or semi-trailer having any metal tire in contact with the roadway or traction, engines or tractors having movable tracts with transverse corrugations upon the periphery of such movable tracts or having wheels containing spikes, studs, flanges, cleats or lugs or any other protuberances or any material other than rubber, except that it shall be permissible to use tire chains of reasonable proportions or snow tires containing metal studs or wire upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.
(Ord. 289, Sec. 3)