A. Driveways And Curb Cuts:
1. Building And Zoning Permit Required: No person shall construct or maintain an entrance or driveway crossing the curbing or edge of a City street onto private land without first obtaining a building and zoning permit from the City.
2. Building And Zoning Application; Fee: An application for a building and zoning permit for a curb cut for an entrance or driveway shall be made in writing, and shall be accompanied by one or more drawings to show the details of the proposal. An applicant shall pay an application fee of twenty dollars ($20.00) for such application.
3. Conditions Of Building And Zoning Permit: A curb cut building and zoning permit shall be issued to the applicant promptly after receipt of an application unless a determination is made that such entrance or driveway would:
a. Create a significant hazard to pedestrians using any sidewalk intersected thereby; or
b. Create a significant traffic hazard; or
c. Be more than twenty feet (20') wide; or
d. Cause a stormwater drainage problem; or
e. Allow for a driveway or paved area covering more than fifteen percent (15%) of a front yard; or
f. Constitute a violation of the zoning ordinance or the standards set forth in the "Manual On Uniform Traffic Control Devices".
4. Issuance Of Building And Zoning Permit: The building official shall be responsible for issuance or denial of any building and zoning permit.
5. Interfering With Stormwater Drainage Prohibited: No entrance or driveway shall be constructed or maintained over a drainage ditch without taking precautions not to disrupt the flow of stormwater. Whenever the building inspector determines that an existing entrance or driveway is disrupting the flow of stormwater, the property owner shall be given notice and ordered to make repairs within a reasonable time so as to eliminate such drainage problem.
6. Restoration Of Damaged Right-Of-Way: Any portion of the City right-of-way that is damaged or disturbed by a curb cut shall be repaired or restored to the satisfaction of the City.
B. New Street Intersections: The intersection of all new public streets, whether owned by the City or otherwise, which are to intersect with an existing street shall fully conform to the land subdivision control ordinance.
C. Engineering Advice: The building official may seek and obtain professional advice from the City Engineer in connection with the issuance or denial of any permit under this section.
D. Penalty: Any violation of this section shall be punishable by a fine as provided in section 1-4-1 of this Code, with each day upon which a violation occurs or continues to be viewed as a separate violation. Additionally, the City may defer acting on the request for any type of license or permit sought by the same applicant until such time as the situation giving rise to a violation is resolved. (Ord. 417, 3-28-2017)