HomeMy WebLinkAboutOrdinance 24-2004 ORDINANCE NO. 24-04
AN ORDINANCE AMENDING SECTION 74-32 OF THE CODE OF ORDINANCES OF THE CITY OF
BROOKINGS,SOUTH DAKOTA AND PERTAINING TO BUILDING UPON THE PUBLIC RIGHT OF WAY
IN THE CITY OF BROOKINGS,SOUTH DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA,AS
FOLLOWS:
Sec.74-32 Building upon the public right of way prohibited, Exceptions.
(a) No person shall erect or maintain any building in a location or position that the building shall stand,in
whole or in part,upon any public street, road,alley or sidewalk in the city.
(b) No building shall be constructed so that any part of the building shall project into or over such street,
road,alley or sidewalk,except jut windows,cornices and other projections from a building above the first
story may extend over an adjoining street, road,alley or sidewalk a distance not exceeding 18 inches.
(c) No person,without written authorization from the city council as provided in this ordinance,shall construct
any improvement,including any step,deck, landing,or other entrance to any building extending over or
upon the sidewalk,nor shall any person erect in or upon any public street,alley or road any flight of stairs or
steps leading to any floor of any building.
(d) Any building or improvement erected or maintained in violation of this ordinance shall be deemed a
public nuisance and may be abated.
(e) Any person seeking authorization to construct a step,deck, landing or other entrance to any building
located within the B-1 Central Business Zone which will extend over or upon the sidewalk shall first file an
application with the city engineer.
(f) The city engineer,upon receipt of an application for authorization which conforms to the criteria,
standards and specifications established by resolution of the city council,shall issue a recommendation
concerning a request to construct an improvement to extend upon or over the sidewalk within the business
B-1 Central Business Zone in the city; provided,however,that the erection of such constructed
improvement shall not occur unless approved by the city council, and if approved,shall be in conformity
with the criteria,standards and specifications approved by the city council and on file in the office of the
city engineer.
(g) The city council,upon receiving the city engineer's recommendation,may issue a written authorization
and easement to construct an improvement upon the public sidewalk within the B-1 Central Business Zone,
upon such terms and conditions as the City Council determines appropriate in the circumstances.
II.
All ordinances in conflict herewith are hereby repealed.
FIRST READING: November 9, 2004
SECOND READING AND ADOPTION: November ,
PUBLISHED: Nove ,- 2004
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Scott DDerman,Mayor
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