(a) No person shall cut any curb on any of the streets, alleys or other public roadways within the City without first obtaining a permit to do so, nor shall any person who is issued a permit cut a curb at any location or of any dimension not approved by the City Engineer, nor shall any person who is issued a permit cut a curb without complying with the conditions subject to which the permit was issued.
(b) The City Engineer may, upon application of a property owner desirous of access to his property, after payment of the fee required, issue a permit to cut a curb only if:
(1) The City Engineer deems the curb cut necessary or beneficial to the full use and enjoyment of such property;
(2) The City Engineer approves the location and dimensions of the curb cut;
(3) The curb cut shall not, in the opinion of the City Engineer, create or unduly add to traffic problems or hazards in the area; and
(4) The permit is so conditioned that the applicant shall restore any existing curb cuts, the use of which has previously been or shall be discontinued or abandoned by the curb cut applied for, and agrees to restore the curb proposed to be cut to its former condition when and if the use or purpose for which it is being cut is discontinued or abandoned.
(c) A fee as provided in Chapter 1315 of the Building Code shall be paid before any permit to cut a curb is issued.
(d) A person denied a permit hereunder by the City Engineer may appeal to the Administrative Board as provided in Chapter 1111 of the Planning and Zoning Code. The Board, may by vote of three or more members, reverse the decision of the Engineer with respect to subsection (b)(1), (2) or (3) hereof.
(1980 Code 93.09; Ord. 8682)