For the purpose of this article, the following definitions shall apply to these words:

(a)   Business Driveway Approach. A driveway approach providing ingress and egress to any property other than residential property.

(b)   Corner. The point of intersection of the lines of two (2) street curb faces extended into the street intersection.

(c)   Curb Parking Space. A length of curb equal to eighteen feet (18’) where an automobile or other vehicle can park.

(d)   Curb Return. That portion of a curb next to a driveway approach which includes the radius of curvature or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the street curb.

(e)   Driveway. A place on private property for the operation of automobiles and other vehicles.

(f)   Driveway Approach. An area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from a roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway, or a door at least seven feet (7’) wide intended and used for the entrance of vehicles.

(g)   Outside Sidewalk Line. A line parallel to the property line lying along the edge of the sidewalk nearest the street, roadway or curb; or where no sidewalk exists, a line in the street right of way parallel to and four feet (4’) from the line of the private property.

(h)   Parcel of Land. A lot or lots, or a tract officially registered under one (1) ownership.

(i)    Resident Driveway Approach. A driveway approach providing ingress and egress to residential property.

(Prior Code 11-701; Code 2023)

Driveway approaches shall be of the following two (2) classes:

(a)   Resident driveway approaches.

(b)   Business driveway approaches.

(Prior Code 11-702; Code 2023)

It shall be unlawful for any person to construct, alter or extend or permit or cause to be constructed, altered or extended any driveway approach which can be used only as a parking space or area between the curb and private property.

(Prior Code 11-703; Code 2023)

It shall be unlawful for any person to cut, break out or remove any curb along a street or alley without first obtaining a permit for a driveway approach, as provided in this article.

(Prior Code 11-704; Code 2023)

Any person desiring to construct a driveway approach across any curbing, parking, sidewalk or sidewalk space, shall first make application to the City Clerk for a permit therefor. Such application shall be in writing upon a form provided by the City, and made available at the office of the City Clerk. Such application shall contain information showing the type of construction, the width of the proposed driveway approach, the location of such driveway approach by lot and clock number, as well as by street and house number, and such other information as may by required by the City Clerk. The application shall be filed by the property owner desiring to construct such driveway approach or by his duly authorized agent.

(Prior Code 11-705; Code 2023)

The permit required by Section 13-605 of this article shall be issued by the City Clerk with approval of City Council, if determined that the applicant has complied with the terms of this article and paid the permit fee specified in Section 13-607 of this article.

(Prior Code 11-706; Code 2023)

The fees for permits for the construction of driveway approaches provided for in this article shall be Two Dollars ($2.00).

(Prior Code 11-707; Code 2023)

All permits granted for the use of public property under the terms of this article shall be revocable at the will of the City Council.

(Prior Code 11-708; Code 2023)

All work done under a permit issued in compliance with this article shall be under the direction and supervision of the City Street Councilman and/or City Superintendent who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of such driveway approaches. A permit issued under the provisions of this article may be revoked by the City Street Councilman and/or City Superintendent at any time he is satisfied that the work is not being performed according to the provisions hereof.

(Prior Code 11-709; Code 2023)

In addition to the rules, regulations and specifications promulgated by the City Street Councilman with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this article.

(a)   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.

(b)   No curb cuts shall be made beyond any property line as projected except when consented to in writing by the adjoining property owner involved.

(c)   The depth of the concrete shall be not less than four inches (4”) the entire length of the slope and shall contain not less than one-half inches (1/2”) re-bar to the height of curb.

(d)   The owner and contractor shall protect the public from injury or damage during the construction of driveway approaches and it is herein 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 work.

(e)   Where there is located a waterway ditch, a culvert tube must be installed. Said tube must be large enough to carry the natural flow of water through the ditch. Said culvert tube must be approved by the City Street Councilman and/or City Superintendent.

(f)   Where there is located an existing sidewalk, said sidewalk must be kept in good repair and maintained and constructed in such a manner to carry the weight of any vehicle passing over it.

(Prior Code 11-710; Code 2023)

In addition to the width restrictions relative to driveway approaches set out in the two (2) following sections of this article, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with:

(a)   Where the frontage of the parcel of land does not exceed thirty-eight feet (38’) in width, there may be constructed only one (1) driveway approach.

(b)   Where the frontage of the parcel of land exceeds thirty- eight feet (38’) in width, the curb cuts for driveway approaches shall not exceed sixty percent (60%) of the frontage of such parcel of land provided however, that at least one (1) curb parking space shall separate each driveway approach.

(c)   No portion of a driveway approach except the curb return shall be constructed within eighteen feet (18’) of a corner.

(Prior Code 11-711; Code 2023)

Resident driveway approaches shall not exceed twenty feet (20’) in width at the outside sidewalk line, and the curb cut shall not exceed the width of such driveway approach at such outside sidewalk line by more than ten feet (10’).

(Prior Code 11-712; Code 2023)

Business driveway approaches shall not exceed thirty-five feet (35’) in width at the outside sidewalk line, shall have at least one (1) curb parking space between driveway approaches and the curb cut out shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet (10’). All business driveway approaches shall be paved.

(Prior Code 11-713; Code 2023)

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 such street for the purpose of travel shall be repaired to conform with the specifications of this article and the City Council or be removed. Upon the removal of any such driveway approach, 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, all by and at the expense of the owner of the abutting property.

Whenever any driveway approach constructed under the provisions of this article no longer provides access for vehicles to something definite on private property, such as a parking area, a driveway or a door at least seven feet (7’) wide intended and used for the entrance of vehicles, such driveway approach shall be removed forthwith, and that portion of the street occupied by the driveway. Approach shall be restored as nearly as practicable to its former condition and all curbing including all waterways, ditches and culverts, all by and at the expense of the owner of the abutting property.

(Prior Code 11-714; Code 2023)

The City Street Councilman and/or City Superintendent is hereby authorized to grant in writing variances from the strict application of the provisions of this article, provided he first determines that the following conditions are present:

(a)   The exception or variance desired is not against the public interest, particularly safety, convenience and general welfare;

(b)   The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants;

(c)   The strict application of the terms of this article will work an unnecessary hardship on the property owner or tenant.

(Prior Code 11-715; Code 2023)