A. No driveway shall be constructed or used across any street curbing, parking or sidewalk in the city, nor shall any access be provided from private property onto any minor or major arterial as identified in the adopted transportation and/or street plan for the city without first obtaining a permit from the city engineer; the application for the permit shall be filed, in writing, with the city engineer, who shall approve or disapprove the permit.
B. The recommendation of the city engineer shall be based upon one or more of the following criteria:
1. In the case of existing lots of record platted on or before the effective date of this section, curb cuts and/or access shall not be provided onto any minor or major arterial, or onto any street for which access has been restricted during the review of the final plat and deed of dedication by the Planning, Programming and Zoning Commission and the City Council.
2. In the case of double frontage lots, reversed frontage lots or corner lots, as defined in the City zoning ordinance, access shall be allowed onto only one street in conformance with subsection B1 of this section. Access from double frontage lots, corner lots or reversed frontage lots which front onto major or minor arterials and a local street shall be limited to the street with the least vehicular traffic. The City Engineer may waive this provision in the event that the lot fronts onto one or more one-way street(s).
3. In cases where a lot fronts on two (2) streets, neither of which is minor or major arterial, the City Engineer shall determine where access will be allowed based upon an analysis of amount and speed of traffic on both streets.
C. Upon a permit being issued by the City Engineer to make a curb cut, no driveway shall be constructed except according to plans and specifications approved by the City Engineer.
D. Nothing in this section shall be construed to affect driveways constructed or in use on or before the effective date of this section.
E. Any driveway constructed or used in violation of any of the terms of this section shall be deemed a nuisance, and the City shall have the power to order its abatement; and any person violating any of the provisions of this section shall be deemed guilty of an offense.
F. All new driveway applications and driveway repair applications shall be accompanied by a permit fee in an amount set by resolution of the City Council and collected by the City Engineer's Office. Work performed by the City shall not require a permit fee.
G. Any applicant who is aggrieved by the action of the City Engineer may appeal the decision to the City Council; however, the City Council shall not make a decision until a report regarding the request is received from the Planning, Programming and Zoning Commission. The appeal must be made in writing to the Mayor and City Council within seven (7) days of the denial of the permit. The report from the Planning, Programming and Zoning Commission shall be submitted to the City Council within fourteen (14) days of notice of the appeal.
H. Any person constructing driveways and/or curb cuts within the City must first file a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars ($15,000.00). This subsection does not apply to City employees working in an official capacity, Waterloo water works, City contracts, or City franchise agreements. The application for such construction must be approved by the City Council and conditioned upon the fulfillment of the following:
1. Faithful performance of all duties and regulations required by this chapter;
2. Faithful performance of every curb cut specification on file in the City Engineer's Office, and/or any provision of this Code or other City ordinance regulating the construction, reconstruction or repair of curb cuts within the City;
3. Prompt payment to the City of any sums that may become due for any reason or under this chapter;
4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the life of the bond; and
5. Upon indemnifying and keeping the City harmless from any liability arising from said person's constructing or reconstructing curb cuts within the City. (Rev. Ord. 113, Comp. 1941, p. C-4; amd. Ord. 2878, 4-18-1977; Ord. 3058, 10-15-1979; Ord. 3774, 3-11-1991; Ord. 3777, 3-25-1991; Ord. 5386, 2-6-2017)