[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 6, Ch. 3, of the 2004
Code. Amendments noted where applicable.]
A.
Purpose. For the safety of the general public, the City of Amery
shall determine the location, size, construction and number of access
points to public roadways within the City limits. It is the City's
intent to provide safe access to properties abutting public roadways
suitable for the property to be developed to its highest and best
use, provided that access is not deficient or dangerous to the general
public.
C.
Application.
(1)
Application for such permit shall be made to the City Administrator/Clerk-Treasurer
for referral to the Director of Public Works on a form provided by
the City and shall be accompanied by a drawing accurately depicting
the portion of the proposed private driveway to be constructed, reconstructed,
altered or enlarged lying within the dedicated portion of the public
street, the dimensions thereof and a statement of the materials proposed
to be used. The applicant shall pay a fee as prescribed in the Schedule
of Fees. Upon receipt of the application and the fee if required,
unless the proposed private driveway is a part of construction for
a building or other structure for which a building permit has been
applied for, in which case no additional fee is required, the Director
of Public Works shall approve such application if the proposed driveway
complies with the terms and conditions of this and any other applicable
City ordinance.
(2)
All applications for permits shall be made on a form prescribed by
the Director of Public Works and be accompanied by a sketch in duplicate
showing exact location of any:
(a)
Driveway and approaches.
(b)
Property lines.
(c)
Right-of-way lines.
(d)
Intersecting roads, streets or roadways within 300 feet.
(e)
Width of right-of-way.
(f)
Width and type of road surface.
(g)
Distance from right-of-way line to gasoline pumps and other
structures on the site.
(h)
Type of surface and width of driveways and approaches.
(i)
Proposed turning radii.
(j)
Other pertinent information as may be required.
D.
Application provisions. All driveway permit applications shall contain
the applicant's statement that:
(1)
The applicant represents all parties in interest, and that such proposed
driveway is for the bona fide purpose of securing access to his/her
property and not for the purpose of parking or servicing vehicles,
advertising, storage or merchandising of goods within the dedicated
portion of the City street, or for any other purpose.
(2)
The City, notwithstanding the construction of such driveway, reserves
the right to make any changes, additions, repairs or relocations within
the dedicated portion of the City street at any time, including relocation,
reconstruction, widening and maintaining the street, without compensating
the owner of such private driveway for the damage or destruction of
such private roadway.
(3)
The permittee, his/her successors or assigns, agrees to indemnify
and hold harmless the City of Amery, its officials, officers, agents
or employees, against any claim or any cause of action for personal
injury or property damage sustained by reason of the exercise of such
permit.
(4)
The City does not assume any responsibility for the removal or clearance
of snow, ice or sleet or the opening of any windrows of such material
upon such portion of such driveway within the dedicated portion of
the City street.
A.
General requirements. The location, design and construction of driveways
shall be in accordance with the following:
(1)
General design. Private driveways shall be of such width and so located
that all of such driveways and their appurtenances are within the
limits of the frontage abutting the street of the property served.
Driveways shall not provide direct ingress or egress to or from any
street intersection area and shall not encroach upon or occupy areas
of the street right-of-way required for effective traffic control
or for street signs or signals. A driveway shall be so located and
constructed that vehicles approaching or using it shall have adequate
sight distance along the street. Driveway approaches shall be at least
10 feet apart except by special permission from the Director of Public
Works, and driveways shall in all cases be placed wherever possible
as not to interfere with utilities in place.
(2)
Number. The number of driveways to serve an individual property fronting
on a street shall be one, except where deemed necessary and feasible
by the Public Works Committee for reasonable and adequate service
to the property, considering the safety, convenience and utility of
the street and the unique characteristics/needs of the parcel.
(3)
Island area. The island area in the street right-of-way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way shall constitute a restricted area and may be filled in and graded only as provided in Subsection A(6).
(4)
Drainage. The surface of the driveway connecting with street cross
sections shall slope downward and away from the highway shoulder a
sufficient distance to preclude ordinary surface water drainage flowing
onto the street roadbed. No driveway apron shall extend out into the
street further than the face of the curb, and under no circumstances
shall such driveway apron extend into the gutter area. All driveway
entrances and approaches shall be so constructed that they shall not
interfere with the drainage of streets, side ditches, or roadside
areas or with any existing structure on the right-of-way. When required
by the Public Works Committee so as to provide for adequate surface
water drainage along the abutting street, the property owner shall
provide any necessary culvert pipe at such owner's expense.
(5)
Reconstruction of sidewalks and curb and gutter. When the construction
of a driveway requires the removal of a curb or gutter the new connections
shall be of equivalent acceptable material and curb returns shall
be provided or restored in a neat, workmanlike manner. The driveway
surface shall be connected with the highway pavement and the sidewalk,
if any, in a neat, workmanlike manner. The driveway construction shall
include the replacement of such sidewalk areas which are inadequate
or which are or may be damaged by means of vehicle travel across the
sidewalk. Standard thickness of residential driveway approaches will
be six inches thick.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
Restricted areas. The restricted area between successive driveways
may be filled in and graded only when the following requirements are
complied with:
(a)
The filling or draining shall be to grades approved by the Director
of Public Works and, except where highway drainage is by means of
curb and gutter, water drainage of the area shall be directed away
from the street roadbed in a suitable manner.
(b)
Culvert extensions under the restricted area shall be of the
same size and of equivalent acceptable material as the culvert under
the driveway. Intermediate manholes adequate for cleanout purposes
may be required where the total culvert length is excessive.
(c)
Where no street side ditch separates the restricted area from
the street roadbed, permanent provision may be required to separate
the area from the street roadbed to prevent its use for driveway or
parking purposes by construction of a border, curb, rail or posts
as may be required by the Director of Public Works.
(7)
Relocation of utilities. Any costs of relocating utilities shall
be the responsibility of the property owner with approval of the Director
of Public Works necessary before any utility may be relocated and
the driveway installed.
(8)
Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 370-5 of this Code insofar as such requirements are applicable, including thickness requirements.
(9)
Surfacing. New driveways shall be hard surfaced within one year of
driveway permit issuance.
(10)
Variances. Any of the above requirements may be varied by the
Public Works Committee in such instances where the peculiar nature
of the property or the design of the street may make the rigid adherence
to the above requirements impossible or impractical.
B.
Special requirements for commercial and industrial driveways. The
following regulations are applicable to driveways serving commercial
or industrial establishments:
(1)
Width of drive. The maximum permitted width of a commercial or industrial
driveway approach shall be 35 feet at the curbline, except as increased
by permissible radii. In instances where the unique nature of the
commercial or industrial activity or the physical characteristics
of the land would require a driveway of greater width than herein
specified, the Public Works Committee, in its discretion, may permit
a driveway of additional width.
(2)
Angular placement of driveway. The angle between the center line
of the driveway and the curbline shall not be less than 45°.
(3)
Island areas. Where the public sidewalk is adjacent to the curb,
an island of a minimum length of six feet measured along the curbline
shall be placed between each entrance to a City street. The curb shall
be left intact for the length of this island. Where the public sidewalk
is remote from the curb, an island of a minimum length of 10 feet
measured along the right-of-way line shall be maintained along each
entrance to the City street. All flares shall be tangent to the curbline.
A curb length of not less than three feet shall be left undisturbed
adjacent to each property line to serve as an island area in the event
an adjoining property owner applies for a driveway permit to serve
his/her property.
C.
Special requirements for residential driveways. The following regulations
are applicable to driveways serving residential property:
(1)
Angular placement. The center line of the drive may be parallel to
the property line of the lot where access is required or at right
angles to the curbline.
(2)
Width.
(a)
A single-width driveway running from the street access to a
garage or parking pad shall not utilize more than 15% of any front
yard or exceed 24 feet in width, except for front yards with a front
footage width of less than 70 feet in which case the maximum width
for a single driveway shall be 11 feet.
(b)
A double-width driveway running from the street access to a
garage or parking pad shall not utilize more than 27% of any front
yard; provided, the maximum width of a driveway shall not exceed 24
feet in any case and shall not exceed 18 feet for front yards with
a front footage width of less than 70 feet.
(c)
A triple-width driveway running from the street access to a
garage or parking pad shall not utilize more than 33% of any front
yard; provided that the maximum width of a driveway shall not exceed
30 feet in any case, and shall not be permitted for front yards with
a front footage width of less than 110 feet.
D.
Appeal from permit refusal. Any person feeling himself/herself aggrieved
by the refusal of the Director of Public Works to issue a permit for
a private driveway may appeal such refusal to the City Council within
20 days after such refusal to issue such permit is made.
E.
Prohibited driveways.
(1)
No person, firm or corporation shall place, construct, or locate
or cause to be placed, constructed or located any obstruction or structure
within the limits of any public road, highway or street in the City
of Amery except as permitted by this section. As used herein the word
"structure" includes private driveways, a portion of which extends
into any public road, highway or street, and which is in nonconformance
with this chapter.
(2)
No driveway shall be closer than 35 feet to the extended street line
at an intersection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The grade of that portion of any private driveway or pedestrian path
located within the limits of any public road, highway or street shall
be such as shall meet the grade of the existing public roadway at
its edge and not cause an obstruction to the maintenance or clearing
of such public roadway.[1]
(4)
No portion of any curb, parapet or retaining wall, rising above the
grade of the driveway, erected by the owner of the premises involved
shall extend beyond the culvert spanning the watercourse located in
such public way.
F.
Culvert construction standards.
(1)
Size. Culverts shall be installed prior to construction work being
commenced on the property served. No pipe smaller than 12 inches in
diameter (or equivalent elliptical or arch pipe) will be allowed.
All culverts shall be constructed of galvanized steel or reinforced
concrete, and shall be of new manufacture, unless specifically excepted
by the Director of Public Works.
(2)
Gauge.
(a)
The minimum wall thickness for the galvanized steel pipe culverts
shall be in accordance with the following:
|
Pipe Diameter
|
Gauge
|
|---|---|
|
15 to 24 inch
|
16
|
|
30 to 36 inch
|
14
|
|
42 to 54 inch
|
12
|
|
60 to 72 inch
|
10
|
|
78 to 84 inch
|
8
|
(b)
The class of reinforced concrete pipe shall be in accordance
with the following:
|
Height of Cover
(in feet)
|
Class of Pipe
|
|---|---|
|
0 to 2
|
IV
|
|
2 to 3
|
III
|
|
3 to 6
|
II
|
(3)
Drainage. The culverts shall be placed in the ditchline at elevations
that will assure proper drainage.
(4)
Endwalls. Culverts shall be provided with concrete or metal apron
endwalls as directed by the Director of Public Works.
(5)
Backfill material. Material used for backfill shall be of a quantity
acceptable to the Director of Public Works and shall be free from
frozen lumps, wood, or other extraneous or perishable materials. The
minimum cover, measured from the top of the pipe to the top of the
subgrade, shall be six inches.
(6)
Erosion control. Erosion control measures shall be implemented as
necessary to control erosion, or as directed by the Director of Public
Works.
(7)
Distance. The distance between culverts under successive driveways shall not be less than 10 feet except as such restricted area is permitted to be filled pursuant to Subsection A(6).
(8)
Cost. The property owner shall install the culvert and be responsible
for the cost thereof. The property owner shall keep his/her culverts
unobstructed and clean.
(9)
Appeal. Persons may request a variance from the culvert requirements
of this section by filing a written appeals request with the City
Administrator/Clerk-Treasurer, who shall place the matter as an agenda
item for the City Council's next meeting. The City Council may only
waive the requirement for a culvert upon a finding that unique physical
characteristics of the location in question render a culvert unnecessary.
The Director of Public Works may be asked to render an opinion on
the request.
A.
Purpose. It is hereby recognized that uncontrolled residential off-street
parking, specifically in residential front yards, may constitute a
public nuisance. The purpose of this section is to provide for the
regulation of residential off-street parking and to specify the requirements
for residential off-street parking as they pertain to the appearance
and the health, safety and welfare of the City.
B.
DRIVE APRON
DRIVEWAY
IMPROVED SURFACE
MOTOR VEHICLE
PARKING PAD
RESIDENTIAL
Definitions. The definitions of words or phrases used herein shall
be as defined below:
The connection between a driveway and the travelled portion
of a street, in the public right-of-way, including any sidewalk area
abutting thereon.
An improved surface maintained for motor vehicle access and
parking. Such surfaces include those located from street entrance
to garage or parking area, and those used specifically for circular
turnaround or circular through traffic.
A surface of bituminous or Portland cement concrete or other
material, other than grass, such as crushed rock, gravel or other
materials, laid over subsoil, which provides a hard driving surface,
resists rutting, provides for sufficient water runoff and is graded
and drained to dispose of all surface water.
A vehicle is defined by § 340.01, Wis. Stats.
An improved surface which is not a driveway or drive apron,
connected to a driveway upon which vehicles are parked.
Any single-family dwelling or two-family dwelling in any
residential district, or any dwelling formerly single-family or two-family
in any district which has been converted to a rooming or lodging house.
C.
Parking standards. The parking of any motor vehicle upon a residential
lot shall be in compliance with the following standards:
(1)
The parking of any motor vehicle within the front yard or street side yard shall be on a driveway or parking pad. Driveways/parking pads shall meet the standards of § 211-2.
(2)
No parking pad shall be allowed in the front yard or street side
yard, except that:
(a)
The Zoning Board of Appeals is granted the authority to grant
a variance from this requirement in circumstances where sufficient
space is not available in any side yard, which is not a street side
yard, nor in the rear yard, upon such terms and conditions as the
Board requires; provided, however, that the parking pad be shielded
from the street by landscaping, hedges or decorative fencing; and
(b)
In a licensed mobile home park, a parking pad for a maximum
of two vehicles shall be allowed in the front yard.
D.
Setback areas. On residential lots, the required front yard setback,
and the required street side yard setback on any corner lot, shall
not be considered a part of the permitted parking area but shall be
landscaped, except that motor vehicle parking shall be permitted in
a legal driveway or garage and except that the Zoning Board of Appeals
is granted the authority to grant a variance from this requirement
upon such terms and conditions as the Board required, in circumstances
where sufficient space is not available in any side yard, which is
not a street side yard, nor in the rear yard.
