[Amended 7-30-1979 by Ord. No. 79-76]
For the purpose of Articles II and III, the following terms shall have the meanings indicated:
CORNER
The point of intersection of the lines of two street curb faces extended into the street intersection.
CURB PARKING SPACE
A length of curb equal to 20 feet where an automobile or other vehicle can park.
CURB RETURN
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.
DRIVEWAY
A place on private property for the operation of automobiles and other vehicles.
DRIVEWAY APPROACH
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.
INTERSECTION
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.
PARCEL OF LAND
A lot or lots or a tract officially registered under one ownership.
PEDESTRIAN WALKWAY
Any paved section within the sidewalk area designed especially for pedestrian travel.
SIDEWALK
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. 
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. 
That the exception or variance desired is not against the public interest, particularly safety, convenience and 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 Articles II and III will work unnecessary hardship on the property owner or tenant.
[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. 
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. 
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.
C. 
All permits granted for the use of public property under the terms of Articles II and III shall be revocable at the discretion of the City Engineer when he feels such revocation would serve the best interest of the City.
D. 
Curbs shall be constructed of either granite or concrete.
E. 
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. 
The name and address of the owner or agent in charge of the property abutting the proposed work area.
B. 
The name and address of the party doing the work.
C. 
The location of the work area.
D. 
Attach plans showing details of the proposed alteration.
E. 
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:
A. 
The plans for the proposed operation are in conformance with Articles II and III.
B. 
The work shall be done according to the standard specification of the City for public work of like character.
C. 
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. 
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.