HomeMy WebLinkAboutOrd.745.08-21-1989BILL NO. 89-156 ORDINANCE NO. _2�4
AN ORDINANCE REPEALING SECTION 24-20 OF THE CITY
CODE AND ENACTING A NEW SECTION 24-20 IN LIEU
THEREOF, RELATING TO CONSTRUCTION OR ALTERATION
.OF SIDEWALKS, CURBS, DRIVEWAYS AND STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. Section 24-20 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Construction,
Alteration, etc., of Sidewalks, Curbs, Driveways, Streets" is
hereby repealed in its entirety and a new Section 24-20 of the
Code of Ordinances of the City of Cape Girardeau, Missouri, is
hereby enacted in lieu thereof, entitled "Construction,
Alteration, etc., of Sidewalks, Curbs, Driveways, Streets", to
read as follows, to -wit:
Sec. 24-20. Construction, alteration, etc., of sidewalks,
curbs, driveways, streets.
(a) Definitions.
(1) "Project." Project shall mean any work to
construct, reconstruct, repair, alter, or grade
any sidewalk, curb, curb -cut, driveway or street
on the public streets.
(2) "Designated representative." Designated
representative shall mean that person or persons
designated by the city engineer to handle
applications under this section.
(b) Permit required. No person shall begin to
construct, reconstruct, repair, alter, or grade any
sidewalk, curb, curb -cut, driveway or street on the public
streets without first obtaining a permit from the city
engineer or his designated representative.
(c) Application. An applicant for a permit hereunder
shall file with the city engineer or his designated
representative an application showing:
(1) Name and address of the owner, or agent in charge
of the property abutting the proposed work area;
(2) Name and address of the party doing the work;
(3) Location of the work area;
(4) Attached plans showing details of the proposed
alteration;
(5) Such other information as the city engineer or
his designated representative shall find
reasonably necessary to the determination of
whether a permit should issue hereunder.
(d) Indemnity. The city engineer or his designated
representative shall have the authority to require an
applicant hereunder to file a bond conditioned to protect
and save harmless the city from all claims for damages or
injury to other persons by reason of such alteration work
and to require a maintenance and construction bond to be
filed as a condition of the work to be in an amount equal
to one-half (1/2) of the estimated cost of the project to
guarantee that the work will be done in accordance with the
city specifications and will be guaranteed for a period of
one (1) year.
- _ __ (e) Inspection.- The ci-ty engineer or his designated --
representative shall charge a fee for all insPection
services done in behalf of an applicant or permittee
hereunder. The inspection fee shall be five dollars
($5.00) per permit, per parcel of land improved for
residential properties and ten dollars (10.00) for
commercial and industrial properties, with any one of
herein mentioned improvements and shall accompany the
application.
(f) Standards for issuance of permit. the city
engineer or his designated representative shall issue a
permit hereunder when he finds:
(1) That the plans for the proposed project have been
approved by the city engineer or his designated
representative.
(2) That the work shall be done according to the
standard specifications of the city for public
work of like character.
(3) That the project or
unreasonably interfere
pedestrian traffic, the
parking spaces, and the
from the property
properties.
its location will not
with vehicular and
demand and necessity for
means of egress to and
affected and adjacent
(4) That the health, welfare and safety of the public
will not be unreasonably impaired.
(g) Location and number of cuts. The city engineer
or his designated representative shall have control with
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respect to the location and number of cuts to be made on
city streets subject to the standards set forth in
paragraph (h) of this section. Should the city engineer or
his designated representative reject any application he
shall note on the application the reasons for the
rejection, stating his finding under the standards of this
section.
(h)
Driveway Design Criteria
Width At End Of Radius
Radius
Grade On Right -of -Way
Residential Commercial Industrial
10' - 30' 10' - 30' 14' - 40'
Max. 15'
1/2"/1'
Max. 25'
1/4"/1'
Max. 55'
1/4"/1'
Spacing Between
The Ends
6'
12'
24'
Of Radii At The
Curbline
Corner Clearance
(In no
20' between
ends
of radii of
case to be less
than 50'
street corner
and
driveway.
as measured from
the
-
intersection of
the
40' between
ends
of radii if
tangent lines of
the
intersection
is
signalized.
corner radius.)
(1) Common driveways serving two (2) adjacent
properties may be allowed subject to the same
width requirements as any other driveway.
(2) The required spacing between driveways may be
waived due to elevation differences between them.
(3) Driveways must extend to a garage, carport, or
approved parking area as regulated by the Zoning
Ordinance (Chapter 30, Code of Ordinances of the
City of Cape Girardeau, Missouri).
(i) Variances. The city manager or his designees
shall have the power to grant variances to the provisions
of paragraph (h) of this section upon the following
conditions:
(1) That any variance for a driveway shall only be
allowed when there has been a sufficient showing
of need that is consistent with the rest of this
section.
(2) That the request be made in writing with
supporting documentation.
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SECTION 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
SECTION 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 1989.
Francis E. Rho es, ayor
ATTEST:
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