(a) Abandoned driveway. (1) (2) Alley. Commercial driveway. Curb return or curb radius. Frontage. Residential driveway. Right-of-way. Roadway. Safety zone.
As used in this division, the following terms shall have the respective meanings ascribed to them:
A driveway shall be considered to be abandoned when the following exist:
When the parking or land use has been so situated as to make the driveway not usable or not needed; or
When the buildings or other structures have been remodeled or situated on the adjacent property in such manner as to prevent a vehicle from parking completely on the adjacent private property.
A public or private right-of-way which is used only for secondary access to individual properties which would otherwise have their primary access from an adjacent public street.
Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area outside the street which is designed or intended for the parking of any commercial vehicle, or for the parking of any vehicles to serve land other than a single-family residence.
That part of the curbing at an intersection or at a driveway which is curved to form the connection between intersecting curblines.
That portion of adjacent property contiguous to a single street property line. For the purpose of this division, frontage shall be measured as the total distance over which the street right-of-way line and the lot or property lines are congruent, and shall include all lots or properties under the legal control of the applicant.
Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area designed or intended for parking to serve land used for a single-family residence.
A strip of land taken or dedicated for use as a public way or such use as set forth in the instrument establishing the right-of-way.
That section of street lying between the face of curbs or edge of driving surface if noncurbed.
That portion of the frontage right-of-way between any two (2) driveways.
(b)
Whenever any term used herein is not defined herein, but is defined in any other ordinance or state law, such definition shall be deemed to apply to such term used herein.
(1958 Code, secs. 33-41, 33-42; 1978 Code, sec. 23-40; Ordinance 07-060, sec. 11, adopted 6/5/07)
(a)
Persons responsible for; liability in damages; declaration of nuisance.
It shall be the duty of the owner, agent in charge or tenant of property abutting on any sidewalk or parkway to keep such sidewalk or parkway in good and safe condition and free from any defects of whatever kind or character; and any such party who shall fail to comply herewith shall be primarily liable in damages for any injuries (including death), loss or damage sustained as a result of such unsafe and defective condition. In this connection, any sidewalk or parkway which has become or is defective, unsafe or hazardous is hereby declared to be a nuisance, and the failure of any owner, agent in charge or tenant to construct, reconstruct or repair any such sidewalk or parkway ordered to be constructed, reconstructed or repaired by the city engineer shall constitute a misdemeanor.
(b)
By owner or lessee.
The maintenance of any driveway, sidewalk or alley shall be the responsibility of the owner or lessee of the property served by the driveway, sidewalk or alley.
(c)
Replacement of driveway altered or removed as part of roadway construction.
Any existing driveway which is destroyed, altered or removed as a part of the construction or reconstruction of any roadway will be replaced by the city to a design within these regulations. The maintenance of any driveway so replaced by the city shall be the responsibility of the owner or lessee of property served by the driveway.
(1958 Code, secs. 33-4, 33-46, 33-55; Ordinance 79-71, sec. 1, adopted 9/25/79; 1978 Code, secs. 23-41, 23-53, 23-54; Ordinance 07-060, sec. 20, adopted 6/5/07)
(a)
Any person engaging in the business of contracting for, making, constructing and laying concrete or other permanent type sidewalks and curbs and driveways or pipes in the city shall be required to execute a good and sufficient bond in the sum of ten thousand dollars ($10,000.00), said bond having a corporate surety, which corporation must be an insurance company licensed to do business in the state, payable to the city and providing that any person having any cause of action secured by such bond is hereby authorized to sue on such bond without impleading the city, and such bond shall not be exhausted by the first recovery, but shall be subject to successive recoveries for damages accruing to any person by reason of any defective or faulty workmanship thereon; provided further that any person contracting for the construction and laying of any sidewalk, driveway or pipes in the city shall first obtain the permit and then construct and lay the sidewalk, driveway or pipes according to plans, specifications and grades to be furnished by the city engineer, or such plans and specifications as may be hereafter prescribed and adopted by the city council. The person contracting to construct and lay such sidewalks, driveways or pipes in the city shall keep and maintain the sidewalk, driveway or pipes, when so constructed or laid, for a period of two (2) years, free of any cost or charge to the owner thereof caused by reason of any defective or faulty material used therein, or by reason of any defective or faulty workmanship thereon, or in the event that the sidewalk, driveway or pipes as made, constructed and laid shall fail to comply with the specifications as herein provided.
(b)
Such bond, herein provided for, shall be approved by the city engineer and deposited with the city clerk before any such person shall engage in the business of making, constructing and laying such sidewalks and driveways or pipes in the city.
(1958 Code, sec. 33-13; 1978 Code, sec. 23-45; Ordinance 07-060, sec. 14, adopted 6/5/07)
The grantee of any driveway, sidewalk or pipes permit shall hold harmless the city and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit.
(1958 Code, sec. 33-54; 1978 Code, sec. 23-46; Ordinance 07-060, sec. 15, adopted 6/5/07)
The city reserves the right to inspect driveways, sidewalks or pipes at any time during construction and to require such changes as may be necessary to make the construction conform to city street standards and specifications. At any time after the construction of any driveway, sidewalk or pipes, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the owner or lessee of abutting property.
(1958 Code, sec. 33-47; 1978 Code, sec. 23-47; Ordinance 07-060, sec. 16, adopted 6/5/07)
It is the duty of all persons owning property abutting on paved streets in the city to construct or cause to be constructed, at their own cost and expense, driveways leading from the curbline to the property line on such lots as may be necessary to enter with any vehicle from the street, on such grade as may be furnished by the city engineer, and, in doing such work, property owners shall have the right to cut down the curb wall, but only as may be directed by the city engineer. It shall be the duty of the city engineer, on the application of property owners, to furnish the correct grade for such proposed driveways free of cost, and the work of constructing such driveways shall be done under his supervision.
(1958 Code, sec. 33-12; 1978 Code, sec. 23-48)
All materials and labor necessary for the construction of the driveways and sidewalks authorized in the permit shall be furnished by the owner. All materials shall meet city street construction standards and specifications.
(1958 Code, sec. 33-48; 1978 Code, sec. 23-49)
(a)
Intent.
It is the intent of this section that the location and angle of a driveway approach in relation to the street or intersection shall be such that a vehicle leaving the abutting property may turn into the lane of traffic moving in the desired direction and be channeled within such lane before crossing the intersection or proceeding along the street, and that a vehicle entering the abutting property may turn out of the nearest lane of traffic without interfering with other traffic.
(b)
Location and angle of intersection.
(1)
No driveway approach shall be permitted to encroach upon any municipal facility. However, the relocation of municipal facilities may be authorized by the city engineer if it is in the public’s interest and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the city engineer in the permit issued therefor.
(2)
At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curbline or the edge of pavement.
(3)
Where sidewalks exist or are to be constructed, the beginning of the driveway approach shall not commence nearer the corner of a street intersection than the inside edge of the sidewalk along the intersecting street.
(4)
The interior angle formed by the extension of the axis of the driveway approach and the centerline of the street shall fall between forty-five (45) degrees and ninety (90) degrees.
(5)
Adjacent driveway approaches shall be separated by a safety island of twenty (20) feet minimum width.
(6)
On interior lots, the tangent point of the driveway curb at the street curbline shall not extend beyond a property line on any commercial driveway.
(7)
A residential driveway shall not be located nearer than two (2) feet to an interior property line. The minimum width of the driveway shall be ten (10) feet.
(c)
Driveway approach width.
(1)
Where adjacent owners are, or will, use off-street parking as a common parking lot, or where there are no physical barriers to prevent the use of the parking area as a common parking lot, then the area in question shall be deemed to be one tract and a common driveway may be permitted if the total driveway width does not exceed thirty-five (35) feet.
(2)
The width or throat of a driveway approach shall not be greater than thirty-five (35) feet for commercial or public establishments, measured at right angles to the axis of the driveway approach.
(3)
Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty (60) feet. Where more dock space is required, the driveway approach shall be separated by a safety island.
(4)
When the area immediately behind and adjacent to the street right-of-way is to be used as a vehicle parking area, curbs and other barriers shall be installed as required by the city engineer to prohibit such parked vehicles from extending into the right-ofway.
(d)
Number of driveway approaches allowed.
(1)
Not more than two (2) driveway approaches shall be permitted on any tract with a frontage of one hundred (100) feet or less.
(2)
Not more than three (3) driveway approaches shall be permitted on any tract with frontage of more than one hundred (100) feet but less than three hundred (300) feet.
(3)
Not more than four (4) driveway approaches shall be allowed for any tract with more than three hundred (300) feet but less than six hundred (600) feet.
(4)
For tracts with frontage in excess of six hundred (600) feet, one additional approach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600) feet.
(e)
Angle or recessed parking prohibited.
Driveway approaches shall not be constructed or used for angle or recessed parking. To qualify for a driveway approach, the approach must provide access to a vehicle doorway, a dock or an off-street parking lot with sufficient room for the vehicle to maneuver and reenter the street front-first from said parking lot. This provision shall apply only to commercial driveways.
(1958 Code, sec. 33-49; 1978 Code, sec. 23-50; Ordinance 07-060, sec. 17, adopted 6/5/07; Ordinance adopting Code)
When a driveway has been abandoned within the meaning of this division, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveways are to be closed for the reasons set forth above, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveway is to be closed for the reasons set forth above, the city engineer shall notify the property owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. If within thirty (30) days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the notification, such work may be done by the city and all costs, plus 25%, thereof assessed as a lien against the property, and shall be a personal liability of the owner or lessee of the abutting property.
(1958 Code, sec. 33-50; 1978 Code, sec. 23-51; Ordinance 07-060, sec. 18, adopted 6/5/07)
It is the intent of this division that exceptions to the above provisions be granted only for extreme circumstances and only in those cases where the public interest would be served by such exceptions. The city engineer is authorized to permit those exceptions which meet the above requirements.
(1958 Code, sec. 33-51; 1978 Code, sec. 23-52; Ordinance 07-060, sec. 19, adopted 6/5/07)
If the applicant is dissatisfied with the decision of the city engineer, he may appeal such decision to the city council. All such appeals shall be made in writing to the city manager. The city council shall consider all evidence submitted by the applicant and the city engineer and shall make a final decision as to whether or not an exception shall be granted.
(1958 Code, sec. 33-52; 1978 Code, sec. 23-55; Ordinance 07-060, sec. 21, adopted 6/5/07)
If the applicant shall refuse to obey the final decision of the city engineer or the city council, the building official shall refuse to issue said applicant a building permit.
(1958 Code, sec. 33-53; 1978 Code, sec. 23-56; Ordinance 07-060, sec. 22, adopted 6/5/07)
Before constructing, reconstructing, repairing or altering any driveway or sidewalk, a permit, in addition to any other permits, shall be obtained from building inspections division; provided, however, no such permit shall be required for the construction of any driveways or sidewalks installed as a part of the paving or widening of any street in accordance with plans approved by the departments of public works and traffic and transportation and installed as a part of a contract of the city. No permit shall be issued to any person until that person has filed the bond as required in section 14.03.053. If the driveway or sidewalk is not constructed within six (6) months of the date of issuance of a permit, said permit becomes null and void.
(1958 Code, sec. 33-43; 1978 Code, sec. 23-42)
(a)
Application for such permit shall be made to the building inspections division on forms prescribed by the city. Each such application shall be submitted with a scaled drawing showing the address and lot and block number, if platted, of the property where the driveway or sidewalk is to be located, the width of the driveway requested, the location of the driveway or sidewalk requested with respect to private property lines, the location of existing driveways on either side of the proposed driveway serving the same property or adjacent property, if any, and such other information as may be requested by the city. Before the permit is issued, it shall be approved as to location and design by the city engineer and the driveway construction approved by the department of public works. After the issuance of a permit, the applicant shall request the public works department to establish pipe sizes and grades, if needed, prior to the beginning of construction. Such request shall be made twenty-four (24) hours in advance to allow proper scheduling.
(b)
Applications for driveway or sidewalk permits shall be made by the owner or lessee of the abutting property, or by a contractor representing the owner or lessee.
(c)
No driveway or sidewalk shall be relocated or structurally altered, nor any dimensions altered, without a duly executed permit as set forth herein.
(1958 Code, sec. 33-44; 1978 Code, sec. 23-43; Ordinance 07-060, sec. 12, adopted 6/5/07)
The following fees shall be applicable for the issuance of a permit for a driveway or sidewalk as an additional fee to that for building permits as set out in section 14.03.091:
(1)
Residential driveways: $35.00.
(2)
Commercial driveways: $50.00.
(3)
Driveways not within the city limits: $75.00.
(1958 Code, sec. 33-45; Ordinance 83-126, sec. 1, adopted 9/27/83; 1978 Code, sec. 23-44; Ordinance 07-060, sec. 13, adopted 6/5/07)
