§ 23-62. Alleys and easements.

(a)

Alleys.

(1)

Generally. Alleys shall be provided in commercial and industrial districts, except that the commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Except as herein provided, or as continuations of existing alleys, the construction of new alleys shall be prohibited.

(2)

Width and paving. Alleys permitted in subsection (a)(1) above shall be made to comply with the following criteria: The width of alleys constructed in accordance with the requirements of this chapter shall be twenty (20) feet and shall be constructed with respect to base, surfacing, curbs and geometric design in accordance with the construction and design standards and specifications described in the master development plan and shall be subject to inspection and approval by the city manager.

(3)

Intersecting alleys or utility easements. Alley and utility easement intersections and sharp changes in alignment shall be avoided, but where two (2) alleys or utility easements intersect or turn at a right angle, a cut-off of not less than ten (10) feet from the normal intersection of the property or easement line shall be provided along each property or easement line.

(4)

Dead-end alleys. Dead-end alleys shall not be permitted, but where unavoidable and approved by the commission, shall be provided with adequate turnaround facilities at the dead end, as determined by the planning and zoning commission.

(5)

Alleys which do not connect on a straight course. If alleys are not themselves straight within each block, or if the same do not connect on a straight course with the alleys of adjoining blocks, then an easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way alleys.

(6)

Construction standards and specifications. Alleys should be constructed in accordance with the standards and specifications outlined in the master development plan of the city; provided, however, the subdivider, may, at his option, deposit with the city a sum equal to the then reasonable cost, as approved by the city manager, of paving such alleys, which deposit shall constitute full compliance with the subdivider's obligation to pave such alleys. After such deposit is made, the city shall thereafter pave such alleys at a time to be determined by the city manager.

(b)

Utility easements.

(1)

All utilities shall be placed along the front portion of the lot and in the adjacent street parkway zone, except where alleys are provide. Each block that does not contain an alley as provided for in paragraph (a) of this section shall have a utility easement dedicated and shall be reserved and permanently identified and marked in accordance with section 23-71 of this chapter and shall be part of the platted lot for the use of public utility lines, conduits and equipment. These utility easements shall be fifteen (15) feet in width and shall parallel as closely as possible the street line frontage of the block.

(2)

Normal curb exposure shall be required where utility easements intersect streets.

(3)

Overhang easements of at least four (4) feet on each side of the twenty-foot easement strip, at a height at or above eighteen (18) feet, shall be provided in all utility easements.

(4)

Where utility easements are not themselves straight within each block, or if the same do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or easements.

(5)

Property owners may fence their backyard area up to their property line after obtaining a permit from the planning department and after an on-site inspection has been conducted by said office, if the planning department determines that a conflict exists with the aforementioned provision, said permit will not be issued. Property owners shall allow and permit ingress and/or egress to any easements within their property as the need arises.

(6)

It shall be the duty of the property owner to keep the area clear of any structure, fences, debris, vegetation, trees, shrubs, or landscaping whatsoever, except that lawn grass, which shall be regularly mowed and controlled, may be grown thereon.

(7)

Building permits shall not be issued by the city to any person for construction of fences or other structures not in compliance herewith.

(Ord. No. 05-22, § 1, 8-2-2005)