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§ 96.28 CURB CUTS.
   (A)   No opening in or through any curb of any street shall be made without first obtaining a written permit from the Superintendent.
   (B)   Curb cuts and sidewalk driveway crossings to provide access to private property shall comply with the following:
      (1)   No single curb cut shall exceed 25 feet nor be less than ten feet at the street line nor less than eight feet at the outside sidewalk line;
      (2)   The minimum distance between any curb cut and a public crosswalk shall be five feet;
      (3)   The minimum distance between curb cuts, except those serving residential property, shall be 25 feet;
      (4)   The maximum number of lineal feet of sidewalk driveway crossings permitted for any lot, parcel of land, business or enterprise shall be 45% of the total abutting street frontage up to and including 200 lineal feet of street frontage plus 20% of the lineal feet of street frontage in excess of 200 feet;
      (5)   The necessary adjustments to utility poles, light standards, fire hydrants, catch basins, street or railway signs, signals or other public improvements or installations shall be accomplished without cost to the city; and
      (6)   Driveways over sidewalk lines shall be of concrete at least six inches thick. Driveway aprons between the sidewalk and the street shall be of concrete six inches thick.
Penalty, see § 96.99
§ 96.29 REMOVAL OF ENCROACHMENT.
   (A)   Encroachments and obstructions in the street may be removed and excavations refilled and the expense of the removal or refilling charged to the abutting land owner when made or permitted by him or her or suffered to remain by him or her otherwise than in accordance with the terms and conditions of this chapter.
   (B)   The procedure for collection of the expenses shall be as prescribed in §§ 32.50 et seq.
Penalty, see § 96.99
§ 96.30 TEMPORARY STREET CLOSINGS.
   (A)   The Superintendent shall have authority to temporarily close any street, or portion thereof, when he or she shall deem the street to be unsafe or temporarily unsuitable for use for any reason. He or she shall cause suitable barriers and signs to be erected on the street, indicating that the same is closed to public travel.
   (B)   When any street or portion thereof shall have been closed to public travel, no person shall drive any vehicle upon or over the street except as the same may be necessary incidentally to any street repair or construction work being done in the area closed to public travel.
   (C)   No person shall move or interfere with any sign or barrier erected pursuant to this section without authority from the Superintendent.
Penalty, see § 96.99
§ 96.31 CLEARING ICE AND SNOW; PERMIT REQUIRED TO DEPOSIT SNOW IN STREET.
   (A)   Clearing ice and snow.
      (1)   No person shall shovel or push by means of plow or otherwise cause to be placed or deposited in or upon the traveled portion of any street or sidewalk or within any ditch or gutter in any public street any snow or ice removed by him or her, or under his or her direction, from any private property or from any public property abutting any private property owned or occupied by him or her without first obtaining a permit to do so.
      (2)   The existence of any deposit of snow or ice deposited by artificial means in the traveled portion of any street or sidewalk or within any ditch or gutter in any public street shall be prima facie evidence that the occupant of the abutting property closest thereto placed or deposited such ice or snow therein.
   (B)   Snow deposit in street permit.
      (1)   The City Council may, by resolution, authorize the City Manager to issue permits to abutting property owners and occupants to deposit snow within the street abutting their property.
      (2)   The City Manager shall establish the fee for the permit which shall be proportionate to the size of the parcel from which the snow and ice is to be removed and deposited within the street.
      (3)   The City Manager shall make such further regulations as shall be necessary in order to properly manage the removal of the additional snow so deposited within city streets.
      (4)   No permit owner shall fail to comply with all such regulations.
Penalty, see § 96.99
§ 96.32 HOUSE MOVING; PERMIT REQUIRED.
   (A)   No person shall move, transport, or convey any building or other similar bulky or heavy object, including machinery, trucks and trailers, larger in width than eight feet eight inches or higher than 13 feet six inches above the surface of the roadway, into, across or along any street, alley or other public place in the city without first obtaining a permit from the Superintendent.
   (B)   The permit shall specify the route to be used in the movement and no person shall engage in such movement along a route other than that specified in the permit. No housemoving permit shall be granted until the applicant shall post a cash deposit in the amount as set forth in the city schedule of fees and file a liability insurance policy as required by § 96.22.
Penalty, see § 96.99
§ 96.33 RESERVED.
§ 94.34 LIMITED RESIDENTIAL IMPROVEMENTS TO PUBLIC RIGHT-OF-WAY.
   (A)   Unless as otherwise provided in this section, an owner or person in control of a property shall only construct features or installations in the street upon obtaining a permit from the city.
   (B)   The City Council shall adopt a policy setting forth permitted and prohibited features and installations in the street.
   (C)   This section is intended to apply prospectively and retroactively to any unauthorized installation in the street.
   (D)   The following shall apply to the placement of features in the street:
      (1)   No installation or feature shall be placed within 18 inches of the sidewalk.
      (2)   No installation or feature in excess of 24-inches-high shall be permitted within the triangular area formed at the intersection of any street right-of-way lines or private streets by a straight line drawn between the right-of-way lines or private streets at a distance along each line of 20 feet from their point of intersection.
   (E)   Permit applications must contain the following:
      (1)   Name, address, and contact information for the applicant;
      (2)   Description of proposed installation;
      (3)   Quote containing prospective cost of installation;
      (4)   Name of prospective contractor, if applicable; and
      (5)   Attestation that the applicant agrees to maintain and keep in reasonable repair the proposed installation.
   (F)   Permit applications shall be submitted to the Superintendent, who will assess the application for completeness, and may require a site plan or sufficient drawing that is proportionate to the proposed installation. If the prospective cost of installation is less than $50,000, the Superintendent may approve, deny, or approve with conditions the application or refer the application to City Council. On those applications the Superintendent takes action, the Superintendent shall be delegated the same authority as set forth for the City Council under this section.
   (G)   The city shall require an escrow deposit for substantive review of the application. The amount of the escrow shall be provided to the applicant following the Superintendent's review for completeness and shall be paid prior to substantive review of the application. There is no obligation to review an application until such escrow deposit has been made.
   (H)   Permit applications shall be assessed by the City Council based upon the following criteria:
      (1)   The proposed cost of installation;
      (2)   The potential risk of harm associated with such installation, including, but not limited to potential for the installation to encroach on the motorway, break, malfunction, and cause harm to pedestrians and motorists;
      (3)   The ease and cost of removal of the installation;
      (4)   Whether the installation aligns with the surrounding area and provides an aesthetic benefit to the community;
      (5)   Whether the installation pre-exists the passage of this section;
      (6)   The proposed size of the installation, including height and width;
      (7)   The material of the installation (i.e., plant matter, wood, brick, mulch, and plaster); and
      (8)   Review, comment, and recommendations of city staff and departments.
   (I)   Within 60 days of receipt of the permit application and any applicable escrow deposit, the City Council shall approve, deny, or approve with conditions the permit. Conditions may include but are not limited to requiring the applicant to obtain a bond or deposit into escrow an amount equal to the cost of removal of the installation.
   (J)   An issued permit may be revoked by the City Council if the applicant fails to abide by the conditions set forth in the permit or maintain the installation. A permit is automatically revoked if the installation causes or inflicts unreasonable harm on persons or property.
   (K)   Upon application by the owner or person in control of the property, the City Council may issue a permit for a use prohibited under the policy that has been installed or constructed prior to the implementation of this section.
   (L)   Nothing in this section shall require an owner or person in control of any property to obtain a permit to establish de minimis features, such as soft yard clippings (grass and weeds), seasonal decorations, organic mulch, and flowers and flower beds in the street, or any other feature as provided elsewhere in the code.
(Ord. 240122-A, passed 1-22-2024)
SIDEWALKS
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