901.04 APPLICATION.

   Any person, firm or corporation desiring to obtain permission pursuant to Section 901.03(a) or (b), to alter an existing curb strip, or to install a curb strip consisting of something other than grass, shall first obtain a permit from the City in accordance with the following:

   (a)   The party so desiring said alteration or installation shall make application to the City stating the reason or reasons for the purported alteration or installation, which shall be accompanied by a map or drawing showing the area involved.

   (b)   In the case of a request for the alteration of an existing curb strip or the installation of a non-grass curb strip in an area designated by Section 1131.01 as an R-1, R-2, R-3 or R-4 zoning use district, the application shall be presented to City Council, which shall investigate such application. Council shall grant any such application only if it finds that such alteration or installation will not interfere with existing or future utilities, that it is necessary or proper, and that it is in the best interest of the Municipality. Council’s determination to grant any such application shall be done by resolution. Such resolution must obtain the affirmative vote of a majority of the elected members of Council, but need not be published.

   (c)   In the case of a request for the alteration of an existing curb strip or the installation of a non-grass curb strip in an area designated by Section 1131.01 as a B-1, B-2, B- 3, M-1 or M-2 zoning use district, the application shall be presented to the Director of Public Service, who shall investigate such application. The Director of Public Service shall grant any such application only if he finds that such alteration or installation will not interfere with existing or future utilities, that it is necessary or proper, and that it is in the best interest of the Municipality.
(Ord. 38-05. Passed 10-17-05.)