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HomeMy WebLinkAbout3058-10.15.1979 '16 .2/0(Q "--/OEV ORDINANCE NO. C - ;1 AN ORDINANCE AMENDING CHAPTER 33, STREETS AND SIDEWALKS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 33-10, CURB CUTS, IN ITS ENTIRETY, AND ENACTING IN LIEU THEREOF A NEW SECTION 33-10, CURB CUTS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 33-10, Curb Cuts, of Chapter 33, Streets and Sidewalks, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that new Section 33-10, Curb Cuts, of Chapter 33, Streets and Sidewalks, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Section 33-10. Curb Cuts: Permit from the City Engineer required; application; approval of plans by the City Engineer; criteria; construction standards; violation to constitute a nuisance and an offense; fees; appeal. (a) From and after the effective date of this Ordinance, 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 on to any minor or major arterial as identified in the adopted transportation and/or street plan for the City of Waterloo 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. (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 ordinance, 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 Plan and Program Commission and 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 (b) , Number (1) 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 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 ordinance. (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 shall be accompanied by a ten dollar ($10.00) new driveway approach fee, and all driveway repair applications shall be accompanied by a two dollar ($2.00) driveway repair fee. (g) Any applicant who is aggrieved by the action of the City Engineer may appeal the decision to the City Council; however, the City Council shall not make a decision Page 2 until a report regarding the request is received from the Plan and Program Commission. The appeal must be made in writing to the Mayor and City Council within seven (7) days of the denial of the permit. The report from the Plan and Program Commission shall be submitted to the Council within fourteen (14) days of notice of the appeal. PASSED AND ADOPTED by the City Council this /j,t/, day of 6-ap---4-L 1979, and approved by the Mayor this Ar-,6074 day of cc N- , 1979. (4,0 436,- 1.-ff Leo P. Rooff, Mayor ATTEST: J� Q+ PeZ.I�Y►z) Katherine Gibbs, City Clerk co I Hv] 1-1 W W WUW 41 xZw 0 CUZ � [H� p4 H H r) o4 E-H 01 0 H • a4 41 <4 ^W H W o3CnH � H O H U aWH7 Z0 ^UHp4 U UO fq D Of24CDU ooCD411-l � Z Zxrx UH ^ u1 H H W H n H ^UH OZ4•4 <4O < i O Z 3 r4 M M 1 W W • v] OM �1Z 41a � Z ¢ H W< 3Ho ^C.) UZ W U H W ZHQ UHCn Q H W W W HO H H P4 Z O<4 <4O HI a a it7, -_,. /,, 7 STATE OF IOWA, I, Robert J . McCoy 5S Black Hawk County, Publisher of the W ter'L00 courier a daily newspaper printed in the English language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that the annexed copy of Ordinance No. 3058 ORDINANCE NO.3058-_-- notice was published in the English language only n$ k AN ORDINANCE AMENDING y CHAPTER 33, STREETS AND once a gar t1411s outioex SIDEWALKS, OF THE CODE OE ORDINANCES OF THE CITY OF 79 WATERLOO, (O W A, BY commencingon the 19 t h dayof Oct. 19 REPEALING SECTION 33.10, CURB CUTS, IN ITS ENTIRETY, AND the IN LIEU THEREOF A in the issues:of Oct • 191 1979 NEW SECTION 33-10,CURB CUTS. . BE IT ORDAINED by the City Council of the City of Waterloo,Iowa; of said newspaper, and That Section 33.10, Curb Cuts, of Chapter 33,Streets and Sidewalks,of that the annexed rate of advertisingis theregular legal rate of the Code of Ordinances of the City of g Waterloo, Iowa,is hereby repealad in its entirety; that new Section 33-10, said newspaper, and that the following is a correct bill for pub- Curb Cuts,of Chapter 33, Streets and Sidewalks,of the Code of Ordinances lishing said notice. of the City of Waterloo, iowa, is hereby enacted in lieu thereof as 7 follows: Printer's Bill $ ..3 C-: Section 33-10. Curb Cats: Permit G 1 _from the City Engineer required; ( application; approval of plans by the - City Engineer; criteria; construction stondords; violation to constitute o nuisance and an offense; fees;; 1 9 t appea(a)l From and after the effective Subscribed and sworn to before me this ,...ay date at this Ordinance, no driveway shall be constructed or used across of O c t . A. D. 9 79 any street curbing, parking or re sidewalk in the city, nor shall any access be provided from private ' property on to any minor or major arterial as identified in The claapted Notary Public transportation and/or street plan for the City of Wa?erloo without first obtaining a permit from the City Received of Engineer; the application for, the permit shall be filed in writing-with Dollars the City Engineer who shop apprpve the sum of or disapprove. (El The recommendation of the City Engineer shall be based upon one or in full for publication of the above notice. more of the following criteria: (1) In the case of existing lots and record platted on or before the effective date of ?his Publishers ordinance, 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, CM1: review of the finai plat onto deed of dedication by the Plan and ` Program Commission and City V Council. -, 12) 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 o,hwrtr,..,if.,