It is the intent and purpose of this article to protect the public safety and general welfare by setting and providing minimum standards, provisions and requirements for the construction and repair of sidewalks, driveways, curbs and gutters, setbacks, drainage facilities, pavement of public streets, highways, alleys or other public places, and appurtenances and structures thereto, water and sanitary sewer lines and appurtenances and structures thereto, and to provide for suitable materials and methods of construction of sidewalks, driveways, curbs and gutters, setbacks, drainage facilities, pavement of public streets, highways, alleys or other public places, and appurtenances and structures thereto, and water and sanitary sewer lines and appurtenances and structures thereto on public property which are constructed, surfaced, paved, changed, altered, repaired, replaced, removed or eliminated or changed in use, and to [for] sidewalks, garage floors and driveways on private property when poured in conjunction with the construction of new houses, apartments or commercial buildings. This article shall be deemed to be remedial, and is enacted for the beneficial interests of the public. Free and unhampered passage on the streets and sidewalks shall be held paramount to other interests.
(2002 Code, sec. 3.901)
(a) 
For the purpose of construing and enforcing this article, certain abbreviations, words, terms, phrases and their derivatives shall be construed as set out herein unless the context indicates otherwise. Words used in the singular include the plural, and the plural includes the singular. Words used in the masculine gender include the feminine, and words in the feminine gender include the masculine. Words relating to buildings and structures on private property and their use shall be construed to conform to the meanings set out in the building code and the development code of the city. All other words shall have their usual meanings. When a public official is referred to by the title of his office, such reference shall be construed as if followed by the words "of the City of Lancaster or his authorized deputy" unless the context indicates otherwise.
(b) 
The following words, when used in this article, are defined as follows:
City manager.
The city manager or his authorized representative.
Contractor.
Any person, firm or corporation engaged in the business of installing or altering walks, drives, curbs, gutters, pavements or appurtenances on public property. This term shall also include those who represent themselves to be engaged in the business, whether actually doing the work or not, and includes any person who subcontracts to do such work.
Council.
The city council of the City of Lancaster, Texas.
Curb.
A vertical or sloping member along the edge of a pavement forming part of a gutter, strengthening or protecting the pavement edge and clearly defining the pavement edge to vehicle operators. The surface at the curb facing the general direction of the pavement is called the "face."
Driveway approach.
An area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property.
Gutter.
The artificially surfaced and generally shallow waterway provided usually at the side of the street adjacent to and part of the curb for the drainage of surface water.
Intersection.
(1) 
The area embraced within the prolongation or connection of the edge of the roadway of two (2) or more streets which join at an angle, whether or not one such street crosses the other.
(2) 
Where a street includes two (2) roadways thirty (30) feet or more apart, then each crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection.
Off-street parking.
A type of parking wherein the maneuvering of the vehicle while parking and unparking, as well as the actual parking itself, is done entirely on private property.
Person.
A human being, his heirs, executors, administrators, or assigns; and, where the context permits, it also includes a firm, partnership, association, or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
Roadway.
That portion of a highway, street, or road improved, designed, or ordinarily used for vehicular travel. In the event a street includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively.
Sidewalk or walk.
That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, for the use of pedestrians.
Street.
A term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. This term shall also be used in urban areas to denote a highway or street.
Traffic island or median strip.
A barrier within a roadway to exclude vehicles, designed for the purpose of separating or directing streams of vehicular traffic.
(2002 Code, sec. 3.902)
Any person, firm or corporation or others violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Every day that the violation continues shall constitute a separate offense. This penalty shall be in addition to and cumulative of the primary liability for any loss or damage resulting from defective and unsafe conditions of sidewalks or curbs imposed by this article upon the abutting property owner of said defective and unsafe sidewalks, curbs, gutters or driveways.
(2002 Code, sec. 3.910)
There shall be a fee assessed for each permit for the repair or new construction of sidewalks, driveways, curbs and/or gutters. The fee shall be as established by the city council. The permits for such work shall not be valid until the fee has been paid. Where such concrete construction is covered by a building permit, this fee shall not be required.
(2002 Code, sec. 3.908)
In unusual circumstances, the terms and provisions of this article may be varied by resolution of the city council.
(2002 Code, sec. 3.909)
(a) 
Abutting owner's liability.
The abutting property owner or person, firm or corporation enjoying the use of any property abutting on a sidewalk or curb that has become defective, and has resulted in causing damage or injury as a result of such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article.
(b) 
Special user's liability.
It shall be the duty of any property owner, landlord, tenant, lessee, sublessee, person, firm or corporation making special use of any sidewalk or curb for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited herein or not, to keep said sidewalk, parkway, curb and driveway abutting said property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, curb, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character.
(2002 Code, sec. 3.903)
(a) 
Generally.
The provisions of this article shall be administered and enforced by the code official of the city or such other person as may be designated by the city manager, and for this purpose he shall have police power.
(b) 
Nonliability of code official.
When action is taken by the code official or his authorized representatives to enforce the provisions of this article, such action shall be in the name of and on behalf of the city, and the code official or his representatives so acting for the city shall not render themselves personally liable for any damage which may accrue to persons or property as a result of any action committed in good faith in the discharge of their duties, and any suit brought against the code official or his representative by reason thereof shall be defended by the city attorney throughout the proceedings.
(c) 
Authority of code official.
(1) 
The code official shall have authority to take the legal steps necessary to secure compliance with the provisions of this article.
(2) 
The code official or his authorized agent shall have the right to enter any premises in the discharge of his official duties or for the purpose of making any inspection, reinspection or test, or otherwise to ensure compliance with this article.
(3) 
The code official shall have the power to inspect or reinspect surfacing and the laying of surfacing materials, and to issue notices or affix them to premises, or to reject surfacing materials not meeting the standards provided herein, and shall have such other powers as are provided in this article. The code official shall have the power to control and regulate improvements and facilities placed upon public property and the power to cause to be removed all obstructions and encroachments not in conformance with a valid permit and the requirements herein.
(2002 Code, sec. 3.904(a)–(c))
(a) 
Required; conditions.
No person, firm or corporation, or any of their agents, servants or employees, shall construct, reconstruct or repair any public sidewalk, curb, gutter or driveway approach in the city without executing and delivering to the city a bond in the sum of five thousand dollars ($5,000.00), payable to the city, with a good and sufficient corporate surety thereon, authorized to do business in the state, which bond shall be conditioned as follows:
(1) 
Said bond shall be conditioned that all work shall be done in a good and workmanlike manner, and that such person, firm or corporation shall faithfully and strictly comply with the specifications and with the terms of such ordinances, resolutions or regulations that may be passed by the governing body governing and relating to the construction, reconstruction or repair of sidewalks, curbs, gutters or driveway approaches, and that the city shall be fully indemnified and be held whole and harmless from any and all costs, expenses or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of said work or that may arise out of or be occasioned by the performance of said work. Said bond shall be conditioned further that the same person, firm or corporation shall, without additional cost to the person for whom the work was done, maintain all such construction for a period of one (1) year from the date of such construction, reconstruction or repair, to the satisfaction of the city manager at any time within one (1) year after the construction, reconstruction or repair of such facility, and after ten (10) days' notice from the city manager to reconstruct or repair the same, and the opinion of the city manager as to the necessity of such reconstruction or repair shall be binding on the parties thereto, which bond shall for such purpose be in force for one (1) year after the construction, reconstruction or repair of such facility, and one recovery shall not exhaust said bond, but such bond shall be a continuing obligation against the sureties thereon until the entire amount therein provided for shall have been exhausted. In case the bond herein provided for shall be decreased on account of any recovery which may be obtained, arising out of the violation of any condition of the same, the governing body shall require, upon notice to it of such fact, an additional bond to be given by any person, firm or corporation in accordance with this article in an amount sufficient, when added to the unexhausted amount of the original bond, to be at all times equal to the sum of five thousand dollars ($5,000.00). The city may, for itself or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction or repair of any sidewalk, curb, gutter or driveway approach by any person, firm or corporation, maintain suit on said bond in any court having jurisdiction thereof, or suit may be maintained thereon by any person injured or damaged by reason of the failure of any person, firm or corporation who shall construct, reconstruct or repair any sidewalk, curb, gutter or driveway approach in the city to observe the conditions of said bond; provided, however, that nothing in this article shall affect the bond of any person, firm or corporation now engaged in constructing, reconstructing or repairing such facilities which have already been executed in accordance with the terms of the existing city ordinance, nor shall this be construed to in any manner diminish the liability of any surety or principal on said bond. No person, firm or corporation having a bond to construct, reconstruct, alter, repair, remove or replace sidewalks, curbs, gutters or driveways on public property within the city shall be permitted to take out a permit for the reconstruction, alteration or repair of any such facility on any public property within the city and allow any person other than the bona fide holder of such bond to do any of the work. No permit for the reconstruction, alteration or repair of any sidewalk, curb, gutter or driveway on any public property within the city shall be granted unless the one-year maintenance bond provided for herein shall be in full force and effect at the time of request for such permit and the doing of the work. A certificate of general liability insurance may be substituted in the amount of one million dollars ($1,000,000.00) with the approval of the code official.
(2) 
It shall be an affirmative defense to the aforementioned bond requirement for a homeowner who resides at his property as his homestead to file an affidavit with the code official stating that he is the owner of the property, that he resides there as his homestead and that he is performing the work himself.
(b) 
Liability.
This article shall not be construed to relieve from or to lessen the responsibility or liability for damages of any person owning, controlling or installing any surfaces to persons or property caused by a defect therein.
(2002 Code, sec. 3.904(d), (e))
(a) 
Required.
No person, firm or corporation shall construct, reconstruct, alter, repair, remove, replace, pave, repave, surface or resurface any walk, drive, curb, gutter, paved area or appurtenance on public property in the city without first obtaining from the code official a permit to do so.
(b) 
Application.
To obtain a permit as required by this article, the bonded contractor or his authorized representative shall file with the code official an application in writing therefor on a form to be furnished for that purpose. Such bonded contractor shall be registered with the code official and the contractor shall furnish a list of the authorized representatives who are to secure permits for him. Each application for a permit shall describe the abutting property adjacent to which the proposed work on public property is to be done, either by lot, block or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of the proposed work. Each applicant shall give such other pertinent information as shall be required by the code official. Where the contractor is required by regulations adopted under city council Resolution No. 14-83 to furnish a performance bond, then the requirement for a permit under this clause will be waived.
(c) 
Lot or plot plan.
When required by the code official, an applicant for a permit shall file a lot or plot plan showing the following:
(1) 
The exact location of the proposed building or structure;
(2) 
Every existing building or structure on abutting property;
(3) 
Every existing facility on public property adjacent thereto, to the centerline of the street right-of-way;
(4) 
All proposed walks, drives, curbs, gutters, pavements, public utility poles, fire hydrants, gas meters, water meters, storm sewer inlets, manholes or any other appurtenances.
Such plan shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature, character and extent of the work proposed, and shall show in detail that the works will conform to this article and to all related ordinances, rules and regulations, including the subdivision regulations and city council Resolution No. 14-83. Plans submitted at the time a plot is submitted for approval under the subdivision regulation ordinance shall meet requirements of this article, the requirements of the subdivision regulations and the requirements of city council Resolution No. 14-83. Plans submitted at the time an application is made as provided in the building code of the city for construction on abutting property may be used to meet this requirement.
(d) 
Expiration.
Each permit shall expire and become null and void if the work authorized therein is not commenced within six (6) months of the date of the permit or if the work authorized by the permit is suspended or abandoned after the expiration of the initial six-month period. Before the work may be recommenced, a new permit shall be obtained. No permit issued in violation of this article shall operate as granting any vested right, and such permit shall be deemed to be null and void and confer no right whatsoever under it.
(2002 Code, sec. 3.904(f)–(i))
When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the code official shall notify the owner of the abutting property to reconstruct or repair same. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within thirty (30) days from the date of the written notice from the code official to do so shall be guilty of a misdemeanor.
(2002 Code, sec. 3.906(a))
It shall be unlawful for any person to mix concrete or mortar or any mixture or substance containing cement on any existing pavement on public property or to leave or cause to be left any excess concrete or mortar or any mixture or substance containing cement on any existing pavement on public property or to allow same to leak or fall from any container or receptacle onto pavement on public property. If any concrete, mortar or any mixture or substance containing cement is accidentally dropped or placed upon any pavement on public property within the city, the person responsible shall immediately remove same before said substance hardens or sets on the pavement.
(2002 Code, sec. 3.906(c))
Whenever water from roofs of adjacent buildings is drained or conducted under sidewalks from downspout drains to the street gutters through aqueducts or concrete troughs, these openings in the sidewalk shall be fitted with strong metal covers which shall be securely held in place with screws or other fasteners which will not rust or corrode. Such cover shall be set flush with the surface of the sidewalk and securely bolted, fastened or so constructed that it cannot slip, shift or become out of alignment with the surface of the sidewalk.
(2002 Code, sec. 3.906(d))
The provisions of this article shall not prevent the use of types of construction or materials or methods of construction offered as an alternate for the types of construction or materials or methods of construction specifically required by this article, but such alternate types of construction or materials or methods of construction to be given consideration shall be offered for approval as being sufficient, safe and equal to the standards set out in this article. When specifically authorized by the code official, upon review of the access facilities by the city manager and of the types of construction or materials or methods of construction by the city manager, materials and construction which have been approved shall be used and installed in accordance with the terms of approval. Such approvals and the conditions upon which they are issued shall be specific, shall be reasonable when considered in the light of convenience and safety to the general public, shall not create an injustice, and shall be made a matter of public record.
(2002 Code, sec. 3.907)
Materials used in sidewalks, driveways, curbs and gutters, setbacks, drainage facilities, pavement of public streets, highways, alleys or other public places and appurtenances and structures thereto shall be in accordance with the provisions of the construction specifications, design criteria standards and specifications provided by city council Resolution No. 14-83.
(2002 Code, sec. 3.905(a))
(a) 
Sidewalks, public, private and including lead walks, shall be constructed with a minimum thickness of four (4) inches. They shall utilize NCTCOG class A concrete with 3000 psi and #3 steel bar reinforcement laid on a spacing of eighteen (18) inch centers each direction and tied at all cross-sections, greased smooth dowels every twenty (20) feet with an approved expansion joint material. Every four (4) feet on four (4) foot wide sidewalks, or five (5) feet on every five (5) foot wide sidewalks, shall have a concrete joint.
(b) 
Sidewalks shall be a minimum of four (4) feet in width. The sidewalk shall be located on the city parkway adjacent to the private property line. Sidewalks shall be graded at one-quarter (1/4) inch per foot such that the sidewalk at the property line shall be no greater than two and one-half (2-1/2) inches higher than the top of curb on a typical ten (10) foot parkway.
(c) 
All fire hydrants, streetlights and utility poles that conflict with sidewalks or barrier-free ramps shall be relocated at the utility contractor's expense.
(d) 
Entrances to sidewalks and streets or approaches shall meet the current Americans with Disabilities Act (ADA) standards.
(2002 Code, sec. 3.905(b))
(a) 
Residential driveways.
Residential driveways shall be dowelled into alley or street approaches.
(1) 
General standards.
All approaches shall be constructed of six (6) inch thick NCTCOG class A reinforced concrete pavement with number three (#3) steel bars on eighteen (18) inch centers each way. The driveway approach shall begin at the street curb and extend to the property line. The driveway approach shall be constructed such that the height of the drive approach at the property ROW with a normal ten (10) feet parkway shall be two and one-half (2-1/2) inches higher than the top of the curb. Two-foot asphalt transition shall be required on asphalt streets.
(2) 
Width of driveway approaches.
Residential driveway approaches shall not be less than twelve (12) feet in width nor more than twenty (20) feet wide measured at the property line. Specific variance to this criteria may be requested by the property owner. Any variance granted based on a specific design submittal must have the approval of the public works department.
(3) 
Radius.
Residential driveways shall be constructed with the return curbs having a rolled face disappearing at the sidewalk and joining the street curb with a minimum five (5) foot radius with a typical ten (10) foot radius requirement.
(4) 
Provision for joint approaches.
Driveway approaches shall be located entirely within the frontage of the premises they serve, except that joint or cooperative driveways with adjoining property holders may be permitted and may be required by the public works director. When the joint drive approach is proposed by the developer, the request must be made by all the interested parties and all property owners involved. The design of the joint driveway facilities must be submitted with the request to be approved by the public works director.
(5) 
Driveway approaches for corner lots.
The drive approach on corner lots must be located to approximately line up with the side of the house or garage that is farthest from the intersection. The drive approach edge farthest from the street intersection must be within three (3) feet of the far side of the house or garage.
Only drive approaches in accordance with the above criteria will be allowed onto residential streets or the minor street at a street intersection. If both streets are residentially classified, a circular drive will be allowed on a corner lot if one of its two approaches meets the above location criteria. The other drive approach can have its near side no closer than twenty-five (25) feet to the property corner closest to the intersection. If both streets have the same classification, other than residential per the currently adopted city thoroughfare plan, the public works director shall make the determination as to which street access will be allowed.
(b) 
Commercial/industrial driveway approaches.
(1) 
General standards.
Commercial and industrial driveway approaches shall be constructed of six (6) inch thick NCTCOG class A concrete with #3 steel bars on eighteen (18) inch centers each way. The driveway shall begin at the curb of the street and extend to the property line. The drive approach shall be constructed such that the height of the drive approach at the property line shall be two and one-half (2-1/2) inches higher than the top of curb at the street. Radius and width of approaches shall meet the city design guidelines. Maximum width shall be reviewed and approved by city staff.
(2) 
Width of driveway approach.
The width of any commercial or industrial driveway approach shall not be less than thirty-five (35) feet measured along the property line. Specific variance to this criteria may be requested by the developer. Any variance granted based upon a specific design submittal must have the approval of the city manager or city manager's designee.
(3) 
Radius.
Commercial and industrial driveways shall be constructed with the return curbs having a rolled face disappearing at the sidewalk and joining the street curb with a minimum ten (10) foot radius and a maximum thirty (30) foot radius. Fire lanes shall have a turning radius of thirty (30) feet.
(4) 
Allowable spacing for driveway approaches.
On streets classified as collector streets, the minimum centerline spacing between driveways shall be at least the minimum lot width for the zoning district in which the use of the driveway is proposed. On streets classified as arterials, minimum spacing shall be per the general design standards and approved by the public works director. This arterial spacing criteria shall be applied irrespective of the number of individual properties located within the intervening distance. Deviation from this criteria may be requested by the developer. Any deviation granted will be based on a specific design submittal and must have the approval of the public works director.
(5) 
Provision for joint approaches.
Driveway approaches shall be located entirely within the frontage of the premises and shall be located no closer than ten (10) feet from each side property line, except that joint or cooperative drive approaches with adjoining property holders may be permitted in order to conform with the provisions of subsection (4) above. Any request for joint drive access must be by agreement of all parties involved and a specific plan submittal must be included for approval of the public works director. Both properties will be required to dedicate public ingress and egress easements to cover the approach and joint access area and must be filed on the plat and filed with the county court of records and one copy of this record must be submitted to the city.
(6) 
Driveway approaches on corner lots.
The driveway for the corner lot, if allowed, must be located a minimum of the lot width for the zoning district in which the use of the driveway is proposed from the point of intersection of the curblines of both streets.
(7) 
Angle of driveway approach.
The angle of the driveway approach with the curbline shall be ninety degrees (90°).
(8) 
Sidewalk to be removed.
Where a driveway approach is to be built, the sidewalk shall be removed and the entire area replaced as a driveway. The drive approach shall extend to the property line. The sidewalk removed shall be tied back into the approach by 18 inches on center, and meet American Disabilities with Act (ADA) requirements to be barrier-free.
(c) 
Driveways crossing bar ditches.
(1) 
Culvert pipe.
The minimum twelve-inch (12") culvert pipe size of inside diameter will be determined based upon the drainage area that it serves. The ends of all culvert pipes shall be cut at a 6:1 slope.
(2) 
Radius.
Driveways shall be constructed with the return curbs joining the edge of pavement at the street with a minimum five (5) foot radius.
(3) 
Sloped area around culvert pipe.
The maximum slope from the edge of the driveway to the top of the culvert pipe shall be 3:1. The sloped area around the end of the culvert pipe shall be sodded or hydromulched to resist erosion. Safety devices shall be installed as required by the design engineer.
(4) 
Cross-slope; longitudinal slope.
The minimum cross-slope on the drive shall be 1/8 inch per foot. The minimum longitudinal slope between the edge of pavement at the street and the valley over the culvert pipe shall be 1/4 inch per foot.
(5) 
Maintenance.
Future maintenance of the drive approach, sidewalks and culvert pipe is the responsibility of the property owner.
(6) 
Ditch grading.
During the drive approach installation, all ditch grading upstream and downstream of the proposed driveway culvert is the responsibility of the property owner, approved by the city.
(d) 
General standards.
(1) 
Driveway approaches at street intersections or pedestrian crossings.
Driveway approaches shall not be located in street intersections or at established pedestrian crossings.
(2) 
Driveway approaches near obstructions.
Driveways shall be kept at a minimum of five (5) feet away from obstructions such as streetlight posts, fire hydrants, traffic signals, etc.
(3) 
Driveway approach not to be obstructed.
Driveway approaches shall not be constructed or designed for parking of vehicles or for use as angle parking.
(4) 
Accumulative width of driveway approaches.
Driveway approaches shall not occupy more than forty (40) percent of the frontage of a lot or tract unless approved by the city.
(2002 Code, sec. 3.905(c))
Curbs, curbs and gutters, and separate gutters shall comply with all applicable standards, details and specifications adopted by city council Resolution No. 14-83.
(2002 Code, sec. 3.905(d))
The installation of walks, drives, curbs, gutters, drainage facilities, pavements and appurtenances and water and sewer lines and appurtenances shall comply with the following requirements:
(1) 
Approval of materials.
No materials of any kind shall be used until they have been examined and approved by the city manager or his authorized representative. The contractor shall furnish the required samples for the making of tests and other required examinations prior to the use of same.
(2) 
Alignment and grade.
The work authorized by such permits shall be aligned with the stakes and set to the grade as approved by the city manager.
(3) 
Stakes.
Stakes approved by the city manager shall be protected by the contractor.
(4) 
Lights and guards.
The contractor shall provide necessary red lanterns and flares and safeguards so placed that pedestrians will not be injured and vehicular traffic shall not be unnecessarily impeded and be protected from injury. Provisions shall be made for the passage of water in the street gutter.
(5) 
Cleanup.
Immediately upon completion of the work, the contractor shall remove from the area all unused material, dirt, debris and loose concrete. He shall see that the entire area is broom-clean and usable.
(6) 
Retaining walls, fences, etc., on public property.
No buttresses, steps, projections, retaining walls or fences shall be constructed on any public property unless such construction is approved by the city.
(7) 
Nameplate.
Sidewalks, curbs and gutters shall be marked by means of a suitable stamp or die of a design approved by the code official, making an impression in the finish with the contractor's name and the month and the year the work is done. No lettering or signs shall be imprinted in the surfacing material except as above mentioned.
(2002 Code, sec. 3.905(e))
Walks, curbs, gutters, pavements and appurtenances on public property, and other facilities to provide access to abutting property, shall be constructed, provided or repaired in accordance with the following standards:
(1) 
Residential driveway approaches.
Residential driveway approaches shall comply with the following standards:
(A) 
Width of driveway approach.
Residential driveway approaches shall not be less than ten (10) feet nor more than thirty (30) feet in width measured at the property line.
(B) 
Radius.
Residential driveway approaches shall be constructed with the return curbs having a rolled face disappearing at the sidewalk and joining the street curb with a five-foot minimum radius, except that on major thoroughfares the minimum radius shall be ten (10) feet.
(C) 
Sidewalk to be removed.
Where the residential driveway approach is designed to cross an existing sidewalk, the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach.
(D) 
Curb and gutter to be removed.
Where a driveway approach is to be constructed at a location where there exists a curb and gutter, the curb and gutter shall be removed to the nearest construction joint, the steel exposed and tied into the new steel. The driveway approach shall extend to the back side of the existing or future sidewalk.
(2) 
Commercial driveway approaches.
Walks, drives, curbs, gutters, pavements and appurtenances on public property, and other facilities to provide access to premises used for other than residential purposes, shall be constructed, provided or repaired in accordance with the following standards and requirements, except on state or federal highways, freeways or interstate routes and city major thoroughfares of right-of-way width of eighty (80) feet or more:
(A) 
Width of driveway approach.
The width of any commercial driveway approach shall be not less than twelve (12) feet nor more than forty (40) feet measured along the property line, except that driveway approaches for motor vehicle docks within a building shall not exceed sixty (60) feet in width at the property line. Where more dock space is required, the driveway approaches shall be separated by a traffic island meeting the standards set out in subsection (2)(D) below. On state and federal highways, freeways or interstate routes and city major thoroughfares of right-of-way width of eighty (80) feet or more, driveway approaches shall be according to the current state highway department standard regulations for access driveways to state highways as to design only. All materials and methods of construction shall conform to this article.
(B) 
Maximum space to be occupied by driveway approaches.
Driveway approaches shall not occupy more than seventy (70) percent of the frontage abutting the roadway of the tract of ground devoted to one use which abuts the roadway.
(C) 
Number of driveway approaches allowed.
Not more than two (2) driveway approaches shall be permitted on any parcel of property with a frontage of one hundred fifty (150) feet or less. Additional openings for parcels of property having a frontage of one hundred fifty (150) feet or less may be permitted after proof to the city manager of necessity and convenience to the public.
(D) 
Separation between driveway approaches.
When more than one (1) driveway approach is required to serve a parcel of property, a traffic island shall separate the driveway approaches. The width of the traffic island at the property line shall be a minimum of twenty (20) feet. Where the grade at the property line is the same as the sidewalk, a six-inch raised curb shall be constructed at the back of the traffic island along the property line and on private property. The raised curb shall be constructed so as to end twenty-four (24) inches from the intersection of the driveway approach with the property line.
(E) 
Provision for joint approaches.
Driveway approaches shall be located entirely within the frontage of the premises abutting the work and shall be located not less than five (5) feet from each side of the property line, except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties and the width set out in subsection (A) above is not exceeded.
(F) 
Angle of driveway approach.
The angle of the driveway approach with the curbline shall be not less than forty-five (45) degrees.
(G) 
Radius.
Commercial driveway approaches shall be constructed with the return curbs having a roll face disappearing at the sidewalk and joining the street curb with a twenty-foot minimum radius.
(H) 
Sidewalk to be removed.
Where a commercial driveway approach is to be built, the sidewalk shall be removed and the entire area replaced as a driveway. The driveway approach shall extend to the back side of the existing or future sidewalk.
(I) 
Curb and gutter to be removed.
Where a driveway approach is to be constructed at a location where there exists a curb and gutter, said curb and gutter shall be removed to the nearest construction joint. The driveway approach shall extend to the back side of the existing or future sidewalk.
(J) 
Driveway approaches near intersections.
Where existing right-of-way permits, driveway approaches nearest an intersection of two (2) streets shall meet the following minimum requirements: The corner rounding shall have curbs constructed with a minimum radius of twenty (20) feet continuously between the points of tangency of the curblines of both streets. The first driveway may start from the point of tangency of the curbline and corner radius and be cut in with a five-foot minimum radius.
(K) 
Driveway approaches near roadway facilities.
Driveway approaches at or near streets and traffic interchanges, grade separations and traffic circles shall be so located that traffic entering or leaving the street will not impede, confuse, imperil or otherwise interfere with vehicular traffic.
(L) 
Driveway approaches at street intersections or pedestrian crossings.
Driveway approaches shall not be located at street intersections or at established pedestrian crossings.
(M) 
Driveway approaches in angle parking areas.
Driveway approaches shall not be constructed in existing angle parking areas, except when the curb is restored to its normal location along the roadway in front of the premises.
(N) 
Driveway approach not to be obstructed.
Driveway approaches shall not be constructed or designed for use for the standing or parking of vehicles or for use as angle parking.
(O) 
Premises used as motor vehicle service stations or parking lots.
Premises used as motor vehicle service stations or parking lots shall have a six-inch raised curb or other approved traffic barrier along the entire street frontage except at the driveway approaches and access walks. The curb shall be placed so that automobile bumpers shall not extend over the sidewalk or public property.
(P) 
Additional standards.
The pavement of public streets, highways, alleys or other public places, and appurtenances and structures thereto, construction of drainage facilities, and construction of water and sewer lines and appurtenances and structures thereto shall be in accordance with applicable sections of the city subdivision regulations and/or city council Resolution No. 14-83 for construction specifications, design criteria and general design standards.
(2002 Code, sec. 3.905(f))