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Home My WebLink About04212 ORD - 05/11/1955IMS:AC:5 /4/55 AN ORDINANCE REGULATING THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; RE- GULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; CONTAINING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, REMOVE OR RE- PLACE ANY SIDEWALK, DRIVEWAY OR OTHER WAY, FOR THE USE OF ANY CHARACTER OF VEHICLE, ON OR ACROSS ANY SIDEWALK, PARKWAY, OR OTHER SPACE BETWEEN ANY PUBLIC ROADWAY OR RIGHT OF WAY AND ANY PRIVATE PROPERTY WITHOUT FIRST SECURING A PERMIT FROM THE DIRECTOR OF PUBLIC WORKS AND CONSTRUC- TING SAID IMPROVEMENTS IN ACCORDANCE WITH THE REGULATIONS SET FORTH IN THIS ORDINANCE, COMPLYING WITH THE REGULATIONS WHICH MAY BE PROVIDED BY ANY OTHER ORDINANCE ADOPTED BY THE CITY COUNCIL HERETOFORE OR HEREAFTER, PROVIDED THAT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS ON A PLAT APPROVING SPECIFICATIONS FOR DRIVEWAYS SHALL CONSTITUTE A PERMIT FOR A DRIVEWAY COMPLYING WITH THE INDICATED SPECIFICATIONS, WHICH PERMIT SHALL BE CONSIDERED VALID FOR A PERIOD OF THREE (3) YEARS FROM THE DATE OF THE PLAT. SECTION Z. APPLICATION FOR PERMIT SHALL BE MADE IN WRITING TO THE DIRECTOR OF PUBLIC WORKS SHOWING THE LOCATION OF SUCH PROPOSED IMPROVEMENTS,- TOGETHER WITH A MAP, PLAT OR A SKETCH DRAWN TO SCALE FULLY DESCR4BING THE NATURE OF THE PROPOSED IMPROVEMENTS AND THE LOCA- TION THEREOF. IN THE EVENT SUCH APPLICATION COMPLIES WITH THE REQUIRE- MENTS AND THE REGULATION OF THIS ORDINANCE, AND SUCH OTHER REGULATIONS CONCERNING THE MATTER AS MAY BE PROVIDED, A PERMIT SHALL BE ISSUED BY THE DIRECTOR OF PUBLIC WORKS ON THE FORM ESTABLISHED BY THE SAID DIRECTOR OF PUBLIC WORKS. SECTION 3. NO DRIVEWAY PROVIDING ACCESS FROM PRIVATE PROPERTY TO ANY PUBLIC RIGHT OF WAY OR RAODWAY SHALL BE CONSTRUCTED UNLESS A SHOWING IS MADE TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS UNDER SECTION 4, UNLESS SUCH APPROACH AND DRIVEWAY SHALL BE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: (A) NO DRIVEWAY SHALL HAVE A WIDTH MEASURED ALONG THE BOUNDARY LINE BETWEEN THE PUBLIC RIGHT OF WAY AND THE PRIVATE PROPERTY OF MORE THAN THIRTY -FIVE (35') FEETy EXCEPT THAT, UPON A SHOWING UNDER THE PROVISIONS OF SECTION 4 HEREOF, SUCH DRIVEWAY MAY BE NOT IN EXCESS OF FORTY -FIVE (45') FEET IN WIDTH. (e) EVERY DRIVEWAY SHALL BE 50 DESIGNED AND CONSTRUCTED AS TO PROVIDE FOR A SIDEWALK HAVING A MINIMUM WIDTH OF FIVE (5') FEET MEASURED AT RIGHT ANGLES TO THE BOUNDARY LINE BETWEEN THE PUBLIC RIGHT OF WAY AND THE PRIVATE PROPERTY. SUCH SIDEWALK SHALL BE CONSTRUCTED SO AS TO HAVE ONE EDGE THEREOF IN LINE WITH EXISTING SIDEWALK, IF THERE BE ONE, AND IF THERE BE NO EXISTING SIDEWALK THE SIDEWALK SHALL BE 50 CONSTRUCTED AS TO HAVE ONE EDGE THEREOF COINCIDING WITH THE BOUNDARY LINE BETWEEN THE PUBLIC RIGHT OF WAY AND THE RRIVATE PROPERTY LINES OR IN KEEPING WITH THE GENERAL PRACTICE ESTABLISHED BY THE EXISTENCE OF SIDEWALKS ON A MAJORITY OF THE PROPERTY WITHIN THE BLOCK WHERE THE DRIVE- WAY IN QUESTION 15 TO BE PLACED. (C) EXCEPT WHERE THE CURB 15 A ROLL TYPE CURB THE CURB RETURN ON ALL DRIVEWAYS SHALL HAVE A RADIUS OF NOT LESS THAN THREE (3') FEET AND THE POINT WHERE THE RETURN,FALLS TANGENT TO THE CURB SHALL BE WITHIN THE PROPERTY LINES EXTENDED OF THE PROPERTY WHICH THE DRIVEWAY IS DESIGNED TO SERVICE. (D) SIDEWALKS SHALL BE CONSTRUCTED AT AN ELEVATION SO AS TO PROVIDE FOR A MINIMUM OF ONE- FOURTH (1/4 ") INCH PER FOOT FALL FROM THE EDGE OF THE SIDEWALK FARTHEREST FROM THE PROPERTY LINE TO THE TOP OF THE CURB; PROVIDED THAT WHERE THE ESTABLISHED PRACTICE IN THE BLOCK OF THE MAJORITY OF THE EXISTING SIDEWALKS, ON THE PLAT APPROVED BY THE ZONING AND PLANNING COMMISSION FOR THE SUBDIVISIONS PROVIDES FOR A ROLL TYPE CURB THE SIDEWALK SHALL BE CONSTRUCTED SO AS THE EDGE FARTHEREST FROM THE PROPERTY LINE SHALL BE AT THE SAME GRADE AS THE TOP OF THE CURB. (E) WHERE A RAMP SECTION OF THE DRIVEWAY IS TO BE CONSTRUCTED, THE RAMP SHALL REACH THE GRADE OF THE SIDEWALK AT A D15TANCE OF NOT LESS THAN FIVE (5') FEET FROM THE OUTSIDE EDGE OF THE STREET CURB LINE. (p) THE GRADE FOR ALL CURBS, SIDEWALKS, DRIVEWAYS AND RAMPS SHALL BE FIXED BY THE DIRECTOR OF PUBLIC WORKS. (G) ALL DRIVEWAY APPROACHES, RAMPS, SIDEWALKS AND CURBS CONSTRUCTED IN CONNECTION THEREWITH SHALL BE CONSTRUCTED OF CONCRETE HAVING A MINIMUM OF 2500 r PSI' IN TWENTY -EIGHT (Z£i) DAYS, AND SHALL HAVE A MINIMUM THICKNESS OF SIX (6 ^) INCHES, AND SHALL HAVE REINFORCING CONSISTING OF A MINIMUM OF 6" X 6^ NO. 6 WIRE MESH. SECTION 4. UPON THE SHOWING THAT UNUSUAL CIRCUMSTANCES EXIST, OR THAT A NEED FOR A DRIVEWAY OF GREATER WIDTH EXISTS, OR SOME VARIANCE FROM THE REQUIREMENTS SET FORTH IN SECTION 3 SHOULD BE MADE, WHERE SUCH VARIANCES WILL NOT BE CONTRARY TO THE PUBLIC INTERESTS AND THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP, SAID REGULATIONS MAY BE VARIED BY APPROVAL OF THE DIRECTOR OF PUBLIC WORKS, PROVIDED THAT IN No INSTANCE SHALL ANY DRIVEWAY OPERNING BE IN EXCESS OF FORTY -FIVE 05') FEET IN WIDTH. ANY PERSONS FIRM OR CORPORATION REQUESTING THAT THE REGULATIONS IN SECTION 3 BE VARIED BECAUSE OF U14USUAL CIRCUMSTANCE SHALL FILE A WRITTEN REQUEST THEREFOR WITH THE DIRECTOR OF PUBLIC WORKS SETTING FORTH THE CIRCUMSTANCES TO SHOW THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WILL RESULT IN UNNECESSARYFA RDSHIP. THE DIRECTOR OF PUBLIC WORKS SHALL EITHER APPROVE OR DENY IN IRITING A REQUEST FOR A VARIANCE OF THE PROVISION OF THIS ORDINANCE WITHIN A REASONABLE TIMES BUT IN NO EVENT SHALL THE DIRECTOR OF PUBLIC WORKS WITHHOLD HIS DECISION FOR MORE THAN THIRTY (30) DAYS. ANY PERSON AGGRIEVED BY THE DECISION OF THE DIRECTOR OF PUBLIC WORKS UNDER THE PROVISIONS HEREOF SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL UPON GIVING WRITTEN NOTICE TO THE CITY COUNCIL WITHIN FIVE (5) DAYS AFTER THE REFUSAL OF THE APPLICATION MADE BY HIM FOR A PERMIT TO CONSTRUCT SUCH DRIVEWAY OR OTHER WAY OF SIDEWALK. SECTION 5. ANY PERSON, FIRMS OR CORPORATION WHO SHALL VIOLATE OR FAIL TO COMPLY WITH ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL DE FINED NOT MORE THAN ONE HUNDRED ("100.00) DOLLARS. IN CASE A CORPORATION IS THE VIOLATOR OF ANY PROVISION OF THIS ORDINANCE, EACH OFFICERS AGENT AND /OR EMPLOYEE IN ANY WISE RESPONSIBLE FOR SUCH VIOLATION THEREOF SHALL BE INDIVIDUALLY AND SEVERALLY LIABLE FOR THE PENALTIES HEREIN PRESCRIBED. SECTION 6. IF FOR ANY REASON ANY SECTION, PARAGRAPHS SUBDIVISION CLAUSE] PHRASES OP. PROVISION OF THIS ORDINANCE SHALL BE HELD INVALIDy IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 7. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND PENALTY FOR VIOLATION THEREOF. -3- THAT THE FOREGOING ORDINANCE WAS READ FOR FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE D AY OF , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING OROINANC /C /C /�� W S READ FOR T E SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE AY OF -_ , 195, BY THE FOLLOWING VOTE: L FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE A5 READ FOR THE T41'RD TIME AND PASSED FINALLY ON THIS THE a DAY OF , 1955, B THE FOLLOWING VOTE: �1.FFARRELL D. SMITH / , MINOR CULL I W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO PASSED AND APPROVED, THIS THE DAY OF 1955• MAYOR �/�, /y�,�� TH CfTY 0 CDRPDS CHRISTI, TEXAS ATTE J if CITY SECRETA�Y APPf -OVED AS TO (LEGAL FORM: CI TYNTTfOANEY