CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 5. SIDEWALK CONSTRUCTION AND CURB CUTS

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this ordinance, have the meanings indicated in this section:

(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 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.

(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 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 twenty feet where an automobile or other vehicle can park.

(f)   Parcel of Land. A lot or tract of land officially registered under one ownership.

(g)   Curb Return. The portion of a curb next to a driveway approach which includes the radius of curvature, of the ramp-type lug pavements and which connects the driveway approach to the street curb.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

It shall be unlawful for any person to cut, break out or remove any curb along a street or alley except as authorized by this article.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

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.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

All public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs and sidewalks constructed in the city shall be of concrete unless otherwise ordered by the City Council and shall be constructed according to the “Specifications for Private Sidewalk and Driveway Work” as adopted and amended, from time to time by the City Council, and on file in the office of the City Clerk for the purpose of giving the city, through its proper officers, supervision over the construction of such public sidewalks, curbs, gutters and driveways cutting through or passing over such curbs and sidewalks.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

Every person, before constructing any public sidewalk, curb, gutter or driveway cutting through or passing over a sidewalk or curb, or before removing any curb or sidewalk for the purpose of constructing a private driveway in the city, shall be required to obtain a license from the City Clerk’s office for which a license fee of Ten Dollars ($10.00) shall be charged, authorizing the licensee to engage in such work for a period of three (3) months. Before a license shall be granted by the City Clerk, under the provisions of this article, the person applying for the same shall show, subject to the rules and regulations to be furnished by the Zoning Administrator, that he is skilled in the art of laying public sidewalks, curbs and gutters and cutting through such curbs and sidewalks.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

The City Clerk shall refuse permits to contractors who fail or refuse to obey all reasonable rules and regulations necessary in the enforcement of this article.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of this article.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

No driveway approach shall exceed twenty four feet in width for residential, thirty feet for commercial or industrial, as measured along the outside sidewalk line unless approved by the Zoning Administrator. When a commercial or industrial parcel has an entrance and exit drive approach in combination, the overall width may exceed 30 feet provided a raise median is provided between each approach and the designed approved by the Zoning Administrator. In no case shall combined approach exceed 60 feet.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least one twenty feet between driveway approached.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

The sides, edges or curbs of driveway approaches shall be at right angles to the street curb.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

For the purpose of constructing a driveway approach, no curb cut, opening or section broken out or removed shall exceed the approach width plus 2 times the curb return radius for flare.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

No portion of a driveway approach, except the curb return, shall be constructed within 18 feet of a corner, and in no case closer than 2 feet to the property line extended, unless said parcel is located on a Cul-de-Sac, in such cases, the curb return may extend no more than that required for a 5 foot radius.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

The radius of curvature of the curb return shall not exceed the distance between the curb and the outside sidewalk line. Whenever a drive return is constructed, it shall match the style and type of the majority of drives in the block.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

No driveway approach shall interfere with municipal facilities such as street lighting poles, traffic signal standards, signs, catch basins, hydrants, crosswalks, city utilities, utility poles, fire alarm supports, underground pipes or ducts or other necessary street structures.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

All sidewalks shall be constructed at the location and grade approved by the Building Inspector or at the grade established by the City and on file with the City Clerk.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

Every contractor or other person constructing public sidewalks, curbs or gutters or private driveways shall notify the Building Inspector or his authorized agent when the work is ready for inspection so as to give the Building Inspector ample time to make the inspection before the concrete is poured and/or sets. If, upon investigation and inspection by the Building Administrator, or his agent, he finds that the public sidewalk, curb, gutter or driveway access the parking of the street is not according to the specifications provided for in the construction of such sidewalk, curb, gutter or driveway, he may refuse to accept and approve the work and require that any errors in the construction be corrected at once and before the acceptance of the work.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

For the purpose of making the inspection as provided for in this article, the Building Inspector shall make the inspection of sidewalks, curbs and gutters and private driveways as provided for in this article, which inspection shall be made according to the rules and specifications furnished him by the Zoning Administrator or adopted by the City.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

Any plans submitted to the City Clerk for approval which include or involve unusual driveway approaches or problems, shall be referred by the City Clerk to the Zoning Administrator.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

The zoning Administrator is hereby authorized to grant, in writing, variances from the strict application of the provisions of this article, provided, that 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)   The strict application of the terms of this article will work unnecessary hardship on the property owner or tenant.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)

Any decision by the Zoning Administrator either granting or refusing to grant variances to the strict application of this article may be appealed in writing to the City Council by the party adversely affected, provided such appeal is filed in writing with the City Clerk within twenty (20) days after the issuance of the decision or action complained of.

(Ord. 214, Secs. 1:3; Ord. 215, Secs. 1:4; Code 1994; Ord. 88-2002; Code 2013)