(A) Except as otherwise provided in this section, no person may open, construct, alter or relocate any driveway across any public sidewalk or into any street, or cut any curb for such purpose without have obtained a written permit from the Administrator.
(B) Any person who receives a permit under this section shall be responsible for repairing any damage to the sidewalk or street (including curb and gutter) caused by the driveway construction.
(C) The Administrator shall review the driveway construction and design plans and shall issue the permit unless he or she finds the driveway, if constructed as proposed, will substantially interfere with or pose a danger to:
(1) Persons using the street or sidewalk intersected by the driveway; or
(2) Public facilities (including utility poles, traffic signal standards and the like), or will fail to comply with any of the provisions of this section.
(D) (1) Residential. No driveway may be constructed closer than three feet to a fire hydrant or catch basin or closer than 30 feet to the right-of-way line of a street that intersects with the street the driveway opens onto.
(2) Non-residential areas. No driveway may be constructed closer than 15 feet to a fire hydrant or catch basin or closer than 30 feet to the right-of-way line of a street that intersects with the street the driveway opens onto.
(E) If the driveway crosses a drainage ditch on a lot that abuts a street without curb or gutter, then piping of sufficient size and strength (as approved by the Administrator) shall be installed beneath the driveway surface so the drainage capability of the drainage ditch is not materially impaired.
(F) This section shall not apply to driveways that open into state-maintained streets to the extent that the state has approved the driveway. Nor shall a person be required to obtain a permit under this section to the extent that the driveway is being constructed in accordance with plans approved pursuant to a review process authorized by a zoning or subdivision ordinance.
(Prior Code, § 7-11) (Ord. passed 9-6-1983) Penalty, see § 90.99