A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41-31)
B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application showing the name and address of the owner of the property abutting the proposed work area, the name and address of the party doing the work and such other information as the city manager shall find reasonably necessary to the determination of whether a permit should be issued. (2007 Code § 41-32)
C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41-33)
D. Council Approval Required For Issuance In Certain Areas:
1. Northwest Arterial: Access to the northwest arterial may be granted only by the department of transportation with the concurrence of the city manager. The city manager shall not concur in the granting of a permit under this section for any driveway access onto the northwest arterial without prior approval of the city council.
2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be allowed on any intersecting side street under city jurisdiction within one hundred fifty feet (150') of the edge of the northwest arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (2007 Code § 41-34)
E. Issuance: The city manager shall issue a permit required by this section for the work applied for if the city manager finds:
1. That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the city engineer;
2. That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; and
3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41-35)