(a) No person shall in any way change, alter or interfere with the line, grade, width or form of any street right of way as defined by Section 1106.01 of the Codified Ordinances, or any mark, stakes, or monuments thereof, or cause or assist the same to be done without filing an application with and receiving a permit from the Zoning Department.
(b) The process for approval of construction of improved parking areas (see Section 351.03(s)) is:
(1) File an application with the Zoning Department. A fee as established by Council (see fee Ordinance No. 94-11 amended) shall accompany each completed application;
(2) After administrative review, the application shall be submitted with recommendation by the Zoning Department to Council;
(3) Council votes on the application by resolution;
(4) If Council passes the resolution approving the application, the Zoning Department will then issue a permit to the applicant.
The main criteria that the applicant must show for construction and/or alteration in this subsection is that a hardship exists and that the condition was not created as a result of the applicant’s action. Further, the change must not endanger public safety, create a nuisance, or inhibit drainage. (Ord. 98-10. Passed 2-3-98.)