A. Compliance Requirements:
1. Section Provisions: It shall be unlawful for any person to construct or reconstruct any sidewalk in this City unless such sidewalk conforms to the provisions of this Section. Any sidewalk constructed or reconstructed in violation of this Section may be torn out and reconstructed and the cost thereof assessed against the abutting property. (1983 Code § 11-201)
2. State And Federal Laws: These rules and regulations shall be subject to and consistent with all State and Federal laws, rules, regulations and requirements. (Ord. 914, 12-19-1988)
B. Permit Required: It shall be unlawful for any person to cut, break and remove pavement, curb, gutter or sidewalk in the City or to construct an entrance driveway without first applying for and receiving a permit for such purposes; provided, that permits for any such purpose may be issued on proper application in connection with any building permit when it is proposed to open any street, remove or encumber any sidewalk as a necessary part of construction work.
C. Supervision Of Construction: All work done under a permit issued by the City shall be under the direction and supervision of the Superintendent of Public Works and engineer for the City. A permit issued may be revoked at any time that the work is not being performed satisfactorily. (Ord. 914, 12-19-1988; amd. 1998 Code)
D. Conformity To Established Grade: All sidewalks constructed or reconstructed in this City shall be constructed on the established grade. (1983 Code § 11-202)
E. Uniformity Within Same Block: Sidewalks must be of the same type and of the same width on the street frontage in any given block. (1983 Code § 11-203)
F. Curb Sidewalks: Curb sidewalks may be constructed within the City if:
1. The existing sidewalk on the frontage of any given block is of the curb type; or
2. The resident property owners owning more than one-half (1/2) of the property abutting on the street where the construction is proposed have signed a petition favoring a curb-type sidewalk. (1983 Code § 11-204)
G. Business Districts: Sidewalks constructed or reconstructed in business areas where the building is on, or approximately on, the property line shall extend from the building to the curb. (1983 Code § 11-205)
H. Removable Section: All sidewalks constructed or reconstructed as provided by subsections F and G of this Section shall have at intervals of not greater than twenty feet (20'), a section constructed so as to be removable without causing damage to the section or the remainder of the sidewalk. Said removable section shall be at least four feet wide and at least four feet long (4' x 4'). (1983 Code § 11-206)
I. Construction Material; Size: All sidewalks constructed or reconstructed as provided by this Section shall be constructed of concrete, shall be at least four feet (4') wide and shall be at least four inches (4") thick. (1983 Code § 11-207)
J. Petition For Construction: When a petition, signed by not less than ten (10) citizens owning real estate in a ward, praying for the construction of a sidewalk or sidewalks in such ward, is filed with the City Clerk, the City Council may, in its discretion, by resolution order such sidewalk or sidewalks to be built. (1983 Code § 11-208)
K. Inadequate Or Unsafe; Condemnation, Reconstruction: When any sidewalk, in the opinion of the City Council, becomes inadequate or unsafe for travel thereon, the City Council may adopt a resolution condemning such sidewalk and providing for the construction of a new sidewalk in place of the sidewalk condemned. (1983 Code § 11-209)
L. Notice, Publication, Construction By Contract: The resolution providing for the construction or reconstruction of sidewalk shall give the owner of the abutting property not less than thirty (30) days, nor more than sixty (60) days, after its publication in which to construct or cause to be constructed or reconstructed the sidewalk at his own expense. Such resolution shall be published once in the official City newspaper. If the sidewalk is not constructed by the abutting property owner within the time specified, the City Council shall cause the work to be done by contract. (1983 Code § 11-210)
M. Abutting Owner, Construction By; Request To City: Nothing in this Section shall prohibit the owner of property abutting on a street who desires to construct or reconstruct a sidewalk from doing so without any petition or condemning resolution, if he does so at his own expense and in accordance with this Section. If such property owner desires the sidewalk to be constructed or reconstructed by the City and an assessment levied as provided in other cases, he shall file a request with the City Council and the City Council may, in its discretion, provide for the construction or reconstruction of the sidewalk in the same manner as in cases where citizens file petitions. (1983 Code § 11-211)
N. Repairs: It shall be the duty of the owner of the abutting property to keep the sidewalks in repair, but the city may, after giving five (5) days' notice to the owner or his agent, if known, of the necessity for making repairs, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the property abutting the property so repaired. (1983 Code § 11-212)
O. Construction Requirements: In addition to the rules, regulations and specifications promulgated by the city with respect to driveway approaches, etc., the following requirements shall be complied with in work done under the provisions of this section: (Ord. 914, 12-19-1988)
1. No curb cuts shall be made beyond any property line as projected, except by consent in writing by the adjoining property owner and approved by the superintendent of public works or engineer for the city. (Ord. 914, 12-19-1988; amd. 1998 Code)
2. The owner and contractor shall protect the public from injury and/or damage during construction of driveway approaches, etc., and it is hereby stipulated as an essential condition of the issuance of a permit that the city shall not be liable for damage which may arise from the prosecution of said work.
3. The top of the paving of the driveway slab at the curb line shall not extend into the gutter beyond the face of the curb, and shall not be constructed in a manner that will in any way interfere with or obstruct the drainage of the street, or interfere with the use of the street for the purpose of travel.
4. Where it is possible, the outside of the driveway approach shall be a straight grade from the top of the curb to the grade of the outside sidewalk line.
5. All business driveway approaches shall be paved. (Ord. 914, 12-19-1988)
P. Curb Cuts For Driveways:
1. Residential: Residential curb cutting width not to exceed thirty six feet (36').
2. Commercial: Commercial curb cutting width not to exceed fifty feet (50').
The above requirements may be waived upon application to the engineer for the city and showing of good cause as defined by good engineering practices. (Ord. 1162, 10-20-2014)
Q. Width And Location Of Driveway Approaches: In addition to the width restriction relative to driveway approaches, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with:
1. Where the frontage of a parcel of land does not exceed fifty feet (50') in width, there may be constructed only one driveway approach.
2. Where the frontage of the parcel of land exceeds fifty feet (50') in width, the curb cuts for driveway approaches shall not exceed sixty percent (60%) of the frontage of said parcel of land; provided, however, that at least one curb parking space shall separate each driveway approach.
3. No portion of a driveway approach, except the curb return, shall be constructed within fifteen feet (15') of a corner, and in no case closer than two feet (2') from the property line extended.
4. Whenever any curb is cut for the purpose of constructing a driveway approach, it shall be entirely cut and removed, and the curb and gutter, if any, shall be replaced by sectional paving with expansion joints to prevent the breaking of the adjacent curb and gutter; and the curb at each side of the approach shall be replaced by a sectional curb rounded off on a radius of at least two feet (2').
5. Driveway approaches shall be constructed so as not to interfere with or change the grade of any existing street or sidewalk.
R. Curb Cutback For Parking: No person shall remove or cut back the curbing along any street for the purpose of widening the area for parking vehicles in said street, unless a permit has been obtained to do such work. (Ord. 914, 12-19-1988)
S. Unusual Driveway Approaches; Approval Required: Any plans submitted to the superintendent of public works for approval which include or involve unusual driveway approaches or problems, shall be referred by the superintendent of public works to the engineer for the city for his approval before a permit shall be issued. (Ord. 914, 12-19-1988; amd. 1998 Code)
T. Maintenance And Removal Of Driveway Approach And Entrance:
1. Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property, and any such driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or the use of said street for the purpose of travel shall be repaired to conform with the specifications of this Section or be removed. Upon removal of any such driveway, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing shall be replaced.
2. Whenever any driveway approach constructed under the provisions of these regulations no longer provides access for vehicles to something definite on private property, such as a parking area, a driveway or a door at least eight feet (8') wide, intended and used for the entrance of vehicles, such driveway approach shall be removed forthwith, and that portion of the street occupied by said driveway shall be restored as specified in subsection T1 of this Section. This provision shall not apply when said driveway approach is converted to use as an off-street parking space or ramp. The same shall be properly maintained pursuant to this Section.
U. Variances For Unusual Conditions: The City Council is authorized to grant variances from the strict application of the provisions of this Section, provided they first determine that the following conditions are present:
1. The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in City or is due to the nature of the business or operation on the abutting property.
2. That the exception or variance desired is not against the public interest, particularly safety, convenience and general welfare.
3. That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.
4. That the strict application of the terms of this Section will work unnecessary hardship on the property owner or tenant. (Ord. 914, 12-19-1988)