(A) Definition. The term SERVICE DRIVEWAY as used herein shall mean any driveway entering any street from private property and intended for use and used by the public or for private purposes.
(B) Permit. It shall be unlawful to construct or maintain any service driveway across any sidewalk or curbing without first obtaining a permit for the construction from the City Manager.
(C) Specifications. All driveways shall be constructed of 1:2:3 mix concrete, six inches thick and one and one-half inch curb face shall be retained across the driveway. The slope from the gutter to the sidewalk or property line shall be as directed by the City Manager. No curbing shall be disturbed within four feet of the regular street crosswalk, nor shall any driveway be permitted to interfere with any fire hydrant, power line or traffic sign.
(D) Curb length.
(1) The City Manager shall limit the curb length of all driveways as follows:
Frontage | Maximum Length |
25 to 52.5 feet | 22 feet |
Over 52.5 to 75 feet | 30 feet |
Over 75 feet | 35 feet |
(2) If more than one service driveway is desired for frontage up to 105 feet, the maximum length of driveway shall be 25 feet, and not more than two driveways will be permitted. If service driveways less than 20 feet in length are desired, three 15-foot service driveways may be permitted; provided, however, that not less than 12 feet of straight curb must separate service driveways under one ownership. For any frontage in excess of 105 feet, each additional 105 feet or fraction thereof shall be considered as separate frontage. Any service driveway in excess of the above maximum lengths must receive the approval of the City Council. No driveway apron shall extend out into the street farther than the face of the curb, and under no circumstances shall the driveway apron extend into the gutter area.
(E) Permit fees. The permit fees for each service driveway shall be as follows: for any service driveway authorized under permit from the City Manager, $2 for each ten feet of length, or fraction thereof; for any service driveway requiring the approval of the City Council, $4 for each ten feet of length, or fraction thereof.
(F) Driveway aprons. All existing driveway aprons which extend out into the street farther than the face of the curb and into the gutter area hereby are deemed a nuisance.
(G) Abandoned driveways. Any existing driveway or apron which has been or shall hereafter be abandoned by the property owner, his or her heirs or assigns, is hereby deemed a nuisance and the curb and sidewalk shall be restored to its original condition, as directed, at the expense of the property owner in the manner and at the times hereinafter provided.
(H) Conformance of existing driveways. Any existing driveway or apron violating any of the above requirements shall be altered to conform to these requirements on or before September 1, 1950, upon written notice to the owner, agent of the owner and/or occupant of the property from the City Manager; provided, nevertheless, that in any case where the City Manager shall find that a driveway or apron constructed in violation of this subchapter was so constructed at the express direction of and to the exact specifications of the city, then the driveway or apron shall be altered at city expense. The City Manager shall cause to be served on the owner, agent of owner and/or occupant a notice describing the property with convenient certainty by its legal description or by the street number of the building situate thereon, requiring the owner, agent of the owner and/or occupant to conform to the above requirements by September 1, 1950, or that the city will require the same to be done and the cost thereof charged as a lien against the property.
(I) Notice to owner; liens. The notice shall be served upon the owner, agent of the owner and/or occupant in person if he or she shall be found upon the premises within the city, and in case the owner, agent of owner and/or occupant cannot be found in person within the city after reasonable diligence and inquiry, the notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed to the last known post office address of the owner, agent of owner and/or occupant if any address is known and return of service shall be filed with the City Recorder. If, by September 1, 1950, the owner, agent of owner and/or occupant shall have failed and neglected to conform to the requirements, the City Manager shall cause the same to be done and shall file with the Council a verified, itemized statement of the expenditure occasioned thereby, and the Recorder shall cause notice to be served upon the owner, agent of owner and/or occupant in the manner hereinbefore described that the statement will be considered and determined by the Council and a lien declared upon the property involved, the time of which meeting shall be specified in the notice not less than ten days nor more than 20 days from giving the same. The Council shall at the meeting hear any objection to the statement and by ordinance determine the correctness of the same and declare the corrected amount a lien upon the property benefitted and instruct the Recorder to enter the same upon the city docket of liens in the same manner and with the same effect that the street improvement liens and sewer liens are entered; and the liens shall have the same force and effect as the street and sewer liens and shall be foreclosed in the same manner.
(J) Penalty. Any person violating any of the provisions of this section shall be subject to the provisions of § 91.999.
(Prior Code, § 91.03) (Ord. 651, passed 11-7-1949) Penalty, see § 91.999