Skip to main content
Loading…
This section is included in your selections.

Before any person shall construct or repair a driveway approach on public property within the public right-of-way of the street, they shall obtain a building permit application for that purpose from the city clerk’s office per IGCC 2.60.060. The building permit application shall function as a driveway approach permit in this case; it shall be singular in purpose for only the driveway approach and not combined with other construction except for an intersecting sidewalk segment.

(1) Application Detail Requirements. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the proposed plan of construction or repair which shall include the location, depth, width, and type of paving to be used.

(2) Plan Conformance. No building or construction plan shall be approved without compliance to council adopted standards including this code section, comprehensive city plan, utility franchise agreements and the Statewide Urban Design and Specifications (SUDAS).

(3) Modification Authority. The city clerk or street superintendent shall have the authority to minimally modify the driveway approach requirements of IGCC 12.20.030. The modification allowed shall only be to the extent required for prevention of nuisances, utility protection, street tie-ins or special stormwater drainage requirements, encompassing or emitting street drain inlets and to specify which driveway curb interface type is required.

In the case of exceptional circumstances not created by the owner or applicant, they may petition or appeal to the city council with the details of the exceptional circumstance. The city council may, after review and recommendation from the planning and zoning commission, allow exception to these standards in those exceptional cases.

(4) Permit and Fee. Upon determination that the proposed plan meets all of the requirements of this chapter, if the fee required under IGCC 2.60.060 has been paid, and if the construction or repair as planned will not create any substantial hazard in the use of the street, sidewalk for public travel, drainage, or create any defect as described in Iowa Code Section 364.12. The city clerk shall issue the permit, bearing their signature and the date of issuance.

(a) The issuance of a permit for a driveway approach allows establishment of a vehicular access to private property across the public right-of-way, not ownership of the land it is contained on. The city still retains authority per Iowa Code Section 364.12 of this public place and all authority of enforcement allowed within that state code section. [Ord. 598, 2021; Ord. 567 § 1, 2019; Code 1975 § 8-4.02.]