It shall be unlawful for any person, firm or corporation to construct, reconstruct, alter, repair, remove or replace 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 city manager or city engineer and constructing 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 city manager or city engineer 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 years from the date of the plat.

Application for permit shall be made in writing to the city manager or city engineer showing the location of such proposed improvements, together with a map, plat or sketch drawn to scale fully describing the nature of the proposed improvements and the location thereof. In the event such application complies with the requirements and the regulation of this ordinance, and such other regulations concerning the matter as may be provided, a permit shall be issued by the city manager or city engineer on the form established by the said city manager.

No driveway providing access from private property to any public right-of-way or roadway shall be constructed unless a showing is made to the satisfaction of the city manager or city engineer under section 4 [sic], 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 35 feet, except that upon a showing under the provisions of section 4 [9-4] hereof, such driveway may be not in excess of 45 feet in width.

(b)

Every driveway shall be so designed and constructed as to provide for a sidewalk having a minimum width of five 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 so constructed as to have one edge thereof coinciding with the boundary line between the public right-of-way and the private property line, or in keeping with the general practice established by the existence of sidewalks on a majority of the property within the block where the driveway in question is to be placed.

(c)

Except where the curb is a roll type curb, the curb return on all driveways shall have a radius of not less than three feet and the point where the return falls tangent to the curb shall be within the property lines extended to 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 inch per foot fall from the edge of the sidewalk farthest 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 subdivision, provides for a roll type curb the sidewalk shall be constructed so as the edge farthest 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 distance of not less than five feet from the outside edge of the street curbline.

(f)

The grade for all curbs, sidewalks, driveways and ramps shall be fixed by the city manager or city engineer.

(g)

All driveway approaches, ramps, sidewalks and curbs constructed in connection therewith shall be constructed of concrete having a minimum of 2,500 psi in 28 days, and shall have a minimum thickness of six inches, and shall have reinforcing consisting of a minimum of six inches by six inches No. 6 wire mesh.

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 [9-3] should be made, where such variances will not be contrary to the public interest and that literal enforcement of the provisions of this ordinance will result in unnecessary hardship, said regulations may be varied because of unusual circumstance by approval of the city manager or city engineer, provided that in no instance shall any driveway opening be in excess of 45 feet in width. Any person, firm or corporation requesting that the regulations in section 3 [sic] be varied because of unusual circumstance shall file a written request therefor with the city manager or city engineer setting forth the circumstances to show that literal enforcement of the provisions of this ordinance will result in unnecessary hardship. The city manager or city engineer shall either approve or deny in writing a request for a variance of the provisions of this ordinance within a reasonable time, but in no event shall the city manager or city engineer withhold his decision for more than 30 days. Any person aggrieved by the decision of the city manager or city engineer under the provisions hereof shall have the right to appeal to the city council upon giving written notice to the city council within five days after the refusal of the application made by him for a permit to construct such driveway or other way or sidewalk.