The governing body has considered and deemed it advisable to regulate adjoining landowners’ private use of the surface, subsurface, or air space above any dedicated and/or platted public streets or alleys (street for purposes of this article). It is the intent of the city to use such streets consistent with the purpose for which they were dedicated and/or platted, and to regulate or prohibit, as appropriate, adjoining landowners’ private use if vacation is deemed inappropriate.

(Code 1971, § 22-60)

It shall be a violation of this article to deny the city manager or the city manager’s designee, or any law enforcement officer, the right of access and entry at any reasonable time for the purpose of making inquiry and inspection to determine if a violation of this article exists.

(Code 1971, § 22-67)

It shall be unlawful for any person who owns any real estate adjoining a street to make, or allow any tenant, agent, or person in charge of such real estate to make, any private use of the surface of, or the subsurface of or the airspace above any street without securing a license from the city.

(Code 1971, § 22-61)

(a)   An application for a license shall be made in writing, and filed with the city clerk. The applicant shall secure and pay for a proper legal description and map or plat of the portion of any street to be licensed for private use, drawn to scale and such legal description (licensed premises) and map or plat shall be filed with the application.

(b)   Before any license granted under the terms this article shall be effective, a separate written license agreement shall be negotiated, executed by the applicants, and approved and executed by the governing body, and thereafter filed with the county register of deeds. Duplicate originals may be executed; however, at least one fully executed duplicate original shall remain on file with the city clerk.

(Code 1971, § 22-62)

The licensed premises shall be coextensive with or less than the portion of the street which would revert to the applicant, as adjoining landowner, in the event of vacation of the street.

(Code 1971, § 22-63)

(a)   All licenses granted shall be personal, nontransferable without written consent of the governing body, and shall terminate in any event upon the death of the applicant or transfer of the applicant’s adjoining real estate. Licenses shall be granted for a definite initial term, not to exceed ten years, and may be renewable, in the sole discretion of the governing body. All licenses granted shall be terminable at will, in the sole discretion of the governing body.

(b)   No provisions of this article shall be construed as creating any right in adjoining landowners to be granted any license. The right to prohibit conditions or limit any private use of streets by adjoining landowners is hereby expressly reserved. The governing body may impose such other and further conditions upon adjoining landowners’ private use of streets or highways as they may, in their discretion, deem appropriate including, but not limited to, performance or payment bonds, inspection, compliance with city specification for construction of improvements, and indemnification.

(Code 1971, § 22-64)

(a)   The granting of a license under this article shall not relieve the licensee from any other city-imposed regulatory requirements, including zoning permits, land-use regulations, electrical, plumbing or building codes, subdivision regulations, or any other applicable regulations.

(b)   Without in any manner limiting the provisions of subsection (a) of this section, any licensee, as part of the consideration to the city for the granting of such license shall keep the licensed premises of all noxious weeds, nuisance conditions or uses, and hazardous materials.

(Code 1971, § 22-65)

Any structure or improvement to the licensed premises will be placed thereon at the licensee’s risk, and in no event shall the city be liable for any claim for damages of any type in the event of termination or revocation of the license, or required relocation of improvements.

(Code 1971, § 22-66)