It shall be unlawful for any person to build, rebuild, erect, or remove any improvement on or under any sidewalk, street or alley within the city without an encroachment permit; provided, however, that in the restoration, reconstruction, or addition to any building in a traditional downtown area where the City requires no setback requirements (where the City allows zero lots line setbacks), shall meet the standards prescribed herein. The City Manager shall designate the appropriate department/division/office or section for the administration, enforcement, and permitting of encroachments.
(A) General encroachments (not buildings).
(1) Permit required. No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway or street or remove any tree, planting or shrub from the right-of-way thereof on the public streets without first obtaining a permit as provided in this section.
(2) Application for permit. An applicant for a permit required by division (A)(1) of this section shall file with the City an application showing:
(a) Name and address of the owner or agent in charge of the property abutting the proposed work area;
(b) Name and address of the party doing the work;
(c) Location of the work area;
(d) Attached plans or description of work showing details of the proposed alteration;
(e) Estimated cost of the alteration;
(f) Such other information as the authority having jurisdiction shall find reasonably necessary to the determination of whether a permit should be issued.
(3) Bond; failure to comply. The following bonds shall accompany an application for a permit required by this section:
(a) Construction and maintenance.
1. In cases where the estimated cost of the project shall exceed $5,000, a surety and/or a construction bond to be filed with the application for a permit in an amount equal to the estimated cost of the project and conditioned that such work shall be done in accordance with the city’s standard specifications and guaranteeing the same for a period of 12 months.
2. In any case where a permittee shall be in default or shall fail to comply with the requirements of this section, the City shall order the completion of the work by the city forces or by contract and shall recover the cost from permittee as required by law.
(b) Indemnity. The City shall have the authority to require an applicant to file a bond conditioned to protect and save harmless the city from all claims for damages or injury to other persons by reason of such alteration work.
(4) Standards for issuance of permit. The City shall issue a permit required by this section when it is found that:
(a) The plans for the proposed operation are acceptable;
(b) The work shall be done according to the standard specifications of the city for public work of like character;
(c) The operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties.
(B) Building encroachments. It shall be permissible, upon the approval of the City Council, to make such restoration, reconstruction, or addition to encroach upon or under a sidewalk of any building located in the Central Business Districts of the city.
(1) Conditions of encroachment. As a condition precedent to the City Council’s issuance of any permit for such encroachment, the following requirements shall be met:
(a) The building to be restored, reconstructed or added upon shall be located in an existing or proposed local historic district.
(b) The right-of-way of the street upon which any such building abuts shall be at least 45 feet wide.
(c) The encroachment shall not extend over or upon a sidewalk, including the street curbing, for a distance of greater than four feet or for more than one-third of the sidewalk width, whichever is less, nor shall the encroachment extend under a sidewalk for a distance of greater than four feet.
(d) Prior to the submittal to City Council, detailed plans must be submitted and approved by the appropriate City department.
(2) Such encroachment upon or under any sidewalk shall constitute the owner’s agreement to protect and hold the city harmless against any and all liability, cost, damage or expense suffered or sustained by the city as a result of or growing out of the encroachment upon or under such sidewalk.
(Ord. passed 9-21-21)