§ 28-134. Use of public streets.

(a)

The building official may, subject to the provisions of this section, permit any person owning the underlying real property upon which any public street is situated, or any association or other entity acting with a lease or other express written permission of the said underlying property owner, to make use of the property, notwithstanding its being a part of a public street, for any one or more of the following improvements or facility:

(1)

The establishment or maintenance or both of trees and decorative landscaping, including landscaping lighting, watering systems and other appurtenances for the maintenance thereof;

(2)

The establishment of ornamental works of wood, iron, masonry, earth or other materials denoting the entrance to a neighborhood or a platted and recorded subdivision; provided that such improvements may display the name of the subdivision or neighborhood but shall not contain any commercial signage;

(b)

No improvement described in this section shall be established except upon findings by the director of planning and the city engineer:

(1)

That the improvement will not be located on, extend onto, nor intrude upon any portion of the roadway;

(2)

That the improvement will not be located on, extend onto, nor intrude upon any portion of the sidewalk;

(3)

That the design and location of the improvement includes all reasonable planning to minimize potential harm, injury or interference to the public in the use of the public street; and

(4)

That the improvement will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street.

(Ord. No. 91-156, § 1, 7-1-91)