ENTRANCE AND ENCROACHMENTS

§ 91.045 PURPOSE.

   These standards are designed to encourage the development of sound, healthful and economically stable residential, commercial, industrial and public areas; to provide for safe, convenient and efficient traffic circulation; to enhance the unique aesthetics of the community; and to provide for the overall harmonious development of the community in accordance with the adopted Comprehensive Plan for the city.

(Ord. 06-2012, passed 4-2-2012)

§ 91.046 AUTHORITY; ADMINISTRATIVE AGENCY.

   These standards are adopted by the city and shall be administered jointly by the Director of the Department of Planning and Development and the City Engineer, or their authorized designee.

(Ord. 06-2012, passed 4-2-2012)

§ 91.047 AREA OF JURISDICTION.

   The city, through these standards, shall have jurisdiction and control over local street rights-of-way within the corporate boundaries of the city and city property.

(Ord. 06-2012, passed 4-2-2012)

§ 91.048 COMPLIANCE WITH OTHER CODES, STATUTES AND REGULATIONS.

   Nothing in these standards shall be construed to exempt an applicant for a permit from compliance with all local, state and federal codes, statutes and regulations.

(Ord. 06-2012, passed 4-2-2012)

§ 91.049 VARIANCES.

   (A)   These standards are adopted only as minimum requirements, and all applicants should consider developing at higher standards. The city may require standards above the minimum standards contained herein whenever it finds that public health, safety or welfare justify such higher standards.

   (B)   The city may also reduce or otherwise vary the requirements of these standards. Such variances may be granted if the city finds such to be true without detriment to the public good; without impairing the purposes and basic objectives of these standards; and with impairing the desirable general development of the neighborhood and the community as proposed by the Comprehensive Plan. In granting such variances, the city may attach and require whatever conditions it finds are necessary or reasonable to secure the basic objectives of these standards. Any variance granted by the city shall be noted on the required permit along with the findings which justify the granting of the variance.

(Ord. 06-2012, passed 4-2-2012)

§ 91.050 DISCLAIMER OF LIABILITY.

   Notwithstanding any provisions of this chapter, no approval of any entrance or encroachment permit or portion thereof, by the Department of Planning and Development, the Engineering Department or any other public agency or official of the city, whether employed, elected or appointed, shall operate as warranty or guarantee of the safety or reasonableness of any entrance or encroachment activity or portion thereof, or act in any way to limit or alter any common-law duties imposed on the developers or authors of such plans.

(Ord. 06-2012, passed 4-2-2012)