13-128-030 Extent of occupation.

   The extent of occupation shall not exceed one-third the width of the roadway, nor shall it extend within four feet of any steam or street railway track. Areas of occupancy shall be limited to streets, alleys and sidewalks adjoining the property upon which the building is to be erected, altered or demolished, except that the area may be extended if the written consent of, and a waiver of claims for damages against the city by the owners of adjoining properties is first obtained and filed with the commissioner of streets and sanitation.

(Prior code § 77-1.2)

13-128-040 Temporary usage – Obstructions prohibited.

   No temporary use of streets or alleys shall interfere with drainage of gutters, and no obstruction of any kind shall be placed so as to obstruct free approach to any fire hydrant, lamppost, fire alarm box, manhole or catchbasin.

(Prior code § 77-1.3)

13-128-050 Alley roadway to be maintained.

   A roadway of ten feet clear width shall be maintained through any alley located along the building site.

(Prior code § 77-1.4)

13-128-060 Restoration of public property upon completion of construction required.

   Immediately upon completion of the building construction, all walkways, debris or other obstructions shall be removed, leaving the public property in as good condition as it was before such work was commenced.

(Prior code § 77-1.5)

13-128-061 Removal of traffic control device.

   If removal of a traffic control device other than a parking meter is necessary in order to accommodate properly permitted work in or affecting the public way, the commissioner may order the temporary removal of the affected device. The permittee shall pay a fee of $150.00 in advance for the removal and reinstallation of each traffic device.

(Added Coun. J. 12-4-02, p. 99026, § 7.4)

13-128-070 Bond required.

   No such permit will be issued until the applicant executes and files with the commissioner of streets and sanitation a bond running to the city with good and sufficient corporate surety to be approved by the commissioner of streets and sanitation in the penal sum of $250,000.00, conditioned upon the faithful observance and performance of each condition of said permit and conditioned further to indemnify, keep and save harmless the city against all liabilities, judgments, costs, damages and expenses of every kind which may accrue against, be charged to, or be recovered from the city from, by reason of, or on account of any act or thing done, any injury received by any person or damage to any property by virtue of the authority given in such permit. Provided, however, that where the building construction at the site does not involve the use of piling, sheeting or caissons, the bond shall be in the penal sum of $50,000.00. Said bond shall remain in full force and effect during the entire life of such permit.

(Prior code § 77-1.6)

13-128-080 Permanent occupancy of public property.

   The permanent occupancy of public property by any part of a building or structure hereafter erected shall be governed by the provisions of Sections 13-128-090 to 13-128-160, inclusive.

(Prior code § 77-2)

13-128-090 Foundations.

   Foundations may not project into nor encroach upon public ways except as herein provided. The building commissioner may issue permits for any building for which it is contemplated that there shall be projections of the foundation or a part thereof into a public way under the following conditions:

   (a)   The portions of foundations above a level 20 feet below city datum may project into a public way four and one-half inches per foot of depth below sidewalk or alley grade but not more than 36 inches.

   (b)   Except as provided in paragraph (d), in no case shall foundations extend within five feet of the centerline of any public way.

   (c)   Except where sub-sidewalk space is permitted, no foundation, or any part thereof, shall project into a public way in such manner as to add to the floor area of any building or structure.

   (d)   Portions of foundations, constructed lower than 20 feet below city datum, may project into a public way such distance as the building commissioner may deem necessary for the stability of the building or structure of which they are a part.

(Prior code § 77-2.1; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 29; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)

13-128-100 Cornices, belt courses and similar projections.

   (a)   Cornices, rustications, quoins, moldings, belt courses, lintel, sills, oriel windows, pediments and similar projections of a decorative character may project beyond a street line not more than two feet; provided, that every part of such projection is not less than 12 feet above the sidewalk level at any point and that the aggregate area of all such projection does not exceed five percent of the wall area.

   (b)   When additions to existing buildings are erected, the building commissioner may permit the extension of existing cornices, moldings and belt courses which do not comply with the requirements of this section but which were legal at the time of the adoption of this Code.

(Prior code § 77-2.2; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 29; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)