Chapter 13 · Streets and Sidewalks

Article 4. Curbs

Sections 13-401 to 13-406 · 6 sections

13-401 Purpose of article.

It is recognized that, generally, provisions must be made for vehicular access to private property from streets and alleys, but in so doing, due consideration must be given to pedestrian and vehicle safety, the need for on-street parking spaces and the resulting interference with the movement of vehicular traffic and interference with public improvements. In establishing permissible curb cuts and sidewalk driveway crossings for access to private property, it shall be the policy of the city to authorize the same only where they are necessary and only where they would not unreasonably interfere with the rights of the public in the adjacent street or alley or unreasonably interfere with vehicular traffic or unreasonably eliminate on street parking spaces.

(Ord. 2056; Code 2022)

13-402 Curb cut defined.

“Curb cut” as used in this article shall include the making of an opening in or through any existing curb and the leaving of voids in curbs when the same are constructed in any street or alley.

(Ord. 2056; Code 2022)

13-403 Permit required.

It is unlawful for any person (individual or corporate) to cut, break or remove any curbing or sidewalk or cause the same to be done or to install, construct, use or maintain any driveway or any means of access or ingress to or egress from any parcel of private property to any public street or cause the same to be done without first obtaining a permit to do so from the city. The permit required by this section shall be granted only by a majority vote of the city council. The city council may, in its discretion, refer any application for such permit to the city superintendent for a report and recommendation; provided, however, that the city council shall act upon any such application within sixty days of the filing date thereof with the city clerk, unless the applicant consents to an extension of time to so act.

(Ord. 2056; Code 2022)

13-404 Regulations.

No permit issued under Section 13-403 shall be in conflict with the following regulations:

(a)The maximum width of any driveway or curb cut shall not be more than twenty feet as measured at the top of the curbing;

(b)The minimum distance between driveways or between curb cuts serving the same lot or parcel of land shall be not less than twenty-two feet as measured at the top of the curbing;

(c)Not to exceed fifty percent of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways or curb cuts;

(d)No driveway shall be located so as to interfere with intersecting sidewalks, lampposts, fire hydrants or other public improvements;

(e)No driveway or curb cut shall be located so as to interfere with any street intersection, which determination shall be made by the city superintendent;

(f)No driveway or curb cut shall be located within two feet of the extension of the prolonged property line as defined by the city superintendent;

(g)No permit shall be issued to remove any curbing unless curb cut is rounded with concrete or asphalt depending on what type of curb is present at the time of the curb cut request and a minimum of 4” thick concrete driveway between curbing and sidewalk is to be installed, if sidewalk exists at curb cut location;

(h)The necessary adjustments to utility facilities, light standards, fire hydrants, street signs, signals or other public improvements or installations shall be accomplished without cost to the city;

(i)All work shall be done under the supervision of the city superintendent and in accordance with city specifications in effect at the time of such work. Forms shall be inspected by the city before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of all the work;

(j)The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense, when necessary, to protect the safety of the public using the adjacent streets or sidewalks and shall hold the city free from any damages incurred by his operations;

(k)Before any permit shall be issued to remove curbs, an inspection fee in the sum of $10.00 shall be paid to the city.

(Ord. 2056; Code 2022)

13-405 Authority of city superintendent to order property owner to correct curb cuts.

When the use, convenience and necessity of the public require it or when the use of a driveway or curb cut ceases, the city superintendent shall have the authority to order the owner of the property adjacent to which curb cuts are maintained to alter or eliminate the curb cut in such manner as he shall find reasonably necessary under the circumstances. The order in question shall be addressed to the owner of the property in question, mailed by registered mail and shall give the owner twenty days within which to make such changes. In the event of the failure of the owner to act as required by such notice, the city may perform such work as is necessary and charge to the owner thereof the reasonable cost thereof.

(Ord. 2056; Code 2022)

13-406 Penalty for violation of article.

It is unlawful for any person to violate any of the provisions of this article or permit issued pursuant thereto or to cause, permit or suffer the same to be done; and any person violating any of the provisions of this article or any permit issued under this article is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article or such permit is committed, continued or permitted.

(Ord. 2056; Code 2022)