Fulton City Zoning Code
ARTICLE XI
Miscellaneous Provisions
§ 640-70 Classification of annexed territory.
Any territory hereafter annexed to the City of Fulton shall be in the R-1 Residence District until otherwise zoned in accordance with Article X of this chapter.
§ 640-71 Right-of-way usage.
A.
All permanent uses, structures or improvements within the public right-of-way shall first be sent to the Public Works Commissioner for review and approval prior to the approval by a majority vote of the Common Council based on the guidelines set forth in this section.
B.
Requirements. All permanent uses, structures or improvements within the public right-of-way shall fulfill the following requirements before a vote of the Common Council takes place:
(1)
Property owner acknowledges and accepts responsibility for all maintenance of uses, structures and improvements within the right-of-way, including but not limited to snow removal.
(2)
The City shall reserve and retain the right to remove any use, structure or improvement within the right-of-way for the purpose of any underground utility maintenance or replacement, including water, sewer, electric, natural gas, telephone, cable television or other utility deemed necessary by the City.
(3)
The City may require that the property owner provide proof of general liability insurance naming the City of Fulton as an additional insured in an amount up to $1,000,000.
(4)
The City may require that the property owner deposit with the City a sum of money or irrevocable letter of credit in an amount sufficient to guarantee the safe and legal removal of any use, structure or improvement within the right-of-way when and if it no longer is being used for the purpose for which it was approved for a period of six months of more.
(5)
Any use, structure or improvement within the right-of-way shall afford a clear, unobstructed vision of any sidewalk(s) or street(s) adjacent thereto.
(6)
The City may require the addition of greenspace, landscaping or other reasonable aesthetic improvements to maintain the integrity of the surrounding area or neighborhood.
C.
(Reserved)
D.
Public notice and hearing. Before any use, structure or improvement within the public right-of-way, there shall be a public notice and hearing thereon as provided by law. Such hearing shall be held by the Common Council. In addition to the public notice of a hearing as advertised by the Clerk/Chamberlain, notice shall be given by the property owner, in writing, by certified mail, return receipt requested, to all property owners of the land immediately adjacent extending 100 feet therefrom and the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, as said property owners and addresses appear on the latest completed assessment roll of the City.