The design standards in sections 94-97 through 94-99 shall govern the location, construction, demolition and/or repair of curbs, gutters, driveway approaches and other construction in the right-of-way of streets or alleys for all property except residential development.
(1966 Code, sec. 27-24.1; 2001 Code, sec. 94-96)
Construction and/or repairs of curbs, gutters, driveway approaches and other construction in the right-of-way of streets or alleys shall be in accordance with the latest revision of the city
standard specifications in effect at the date of issuance of the permit, which are on file in the office of the Department of Public Works. Construction or repairs not meeting these requirements shall be removed at the expense of the permittee.
(1966 Code, sec. 27-24.2; 2001 Code, sec. 94-97)
(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.
The location and angle of intersections shall be as follows:
(1) 
No driveway approach shall be permitted to encroach upon any municipal facility. However, the relocation of municipal facilities may be authorized by the director of community development if the construction of a driveway approach under section 94-96 through this section shall encroach thereon, and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the director of community development in the permit issued therefor.
(2) 
At street intersections, no curb cut for a driveway approach shall be permitted within 30 feet of the extended curbline (see plate A). This distance shall be increased to 50 feet at the intersection of two major collectors or higher functional classification streets. The driveway shall be placed to provide a minimum tangent of 20 feet between driveway curb return and street radius.
(3) 
Where sidewalks exist or are to be constructed, the beginning of the driveway approach shall not commence nearer the corner than the inside edge of the sidewalk, and in no case shall it violate the condition of subsection (b)(2) of this section.
(4) 
The interior angle formed by the extension of the axis of the driveway approach and the centerline of the street shall fall between 45 degrees and 90 degrees.
(5) 
Adjacent driveway approaches shall be separated by a safety island of 25 feet minimum width as shown on plate A.
(6) 
On interior lots, the tangent point of the driveway curb at the street curbline shall not extend beyond a property line.
(c) 
Driveway approach width.
The driveway approach width shall be as follows:
(1) 
Where adjacent owners are using or will use off-street parking as a common parking lot or when there are no physical barriers to prevent the use of the parking area as a common parking lot, the area in question shall be deemed to be one tract devoted to one use for purposes of section 94-96 through this section.
(2) 
The width or throat of a driveway approach shall not be greater than 35 feet for commercial or public establishments, measured at right angles to the axis of the driveway approach, except that a driveway for a service station shall not be greater than 40 feet.
(3) 
Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as 60 feet. Where more dock space is required, the driveway approach shall be separated by a traffic island meeting the requirements of section 94-96 through this section. Approaches built under this subsection need not be limited as to number of driveway approaches but must comply with all other provisions of section 94-96 through this section.
(d) 
Number of driveway approaches allowed.
The number of driveway approaches allowed shall be as follows:
(1) 
Not more than two driveway approaches shall be permitted on any tract with a frontage of 100 feet or less.
(2) 
Not more than three driveway approaches shall be permitted on any tract with frontage of more than 100 feet but less than 300 feet.
(3) 
Not more than four driveway approaches shall be allowed for any tract with more than 300 feet but less than 600 feet.
(4) 
For tracts with frontage in excess of 600 feet, one additional approach may be allowed for each additional 300 feet of frontage in excess of 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, dock, or an off-street parking lot with sufficient room for the vehicle to maneuver and reenter the street front first from the parking lot.
(f) 
Exceptions.
It is the intent of section 94-96 through this section that exceptions to subsections (a) through (e) of this section be granted only for extreme circumstances and only when the public interest would be served by such exceptions. The director of public works is authorized to permit those exceptions which meet the requirements of subsections (a) through (e) of this section.
(g) 
Appeals.
If the applicant is dissatisfied with the decision of the director of public works, he may appeal such decision to the city council. The city council shall consider all evidence submitted by the applicant and the director of public works and shall make a final decision as to whether or not an exception shall be granted.
(h) 
Effect of noncompliance.
If the applicant shall refuse to obey the final decision of the director of public works or the city council, the building inspector shall refuse to issue the applicant a building permit.
(1966 Code, sec. 27-24.5; 2001 Code, sec. 94-98; Ordinance 56-2006, sec. 1, adopted 7/18/06)
(a) 
Where the use, convenience, and necessity of the public require, the director of community development shall have authority to order the owner or agent in charge of the property adjacent to which subcuts are maintained to alter the curb cut in such manner as he shall find reasonably necessary under the circumstances and, where the nature of the use of the abutting property is changed, to order the owner or agent in charge of such property to alter or construct the curb cuts in such manner as he shall find reasonably necessary under the circumstances.
(b) 
The notice required by this section shall:
(1) 
Require compliance by the permittee within 90 days after the notice is received.
(2) 
Be in writing.
(3) 
Be served upon the permittee by United States registered mail.
(1966 Code, sec. 27-25; 2001 Code, sec. 94-99; Ordinance 56-2006, sec. 1, adopted 7/18/06)
(a) 
Generally.
Curbs and gutters, where required under appendix A, shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision. Curbs and gutters shall be constructed to city specifications.
(b) 
Exceptions to curb and gutter requirements for residential developments.
(1) 
Curbs and gutters shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no curb and gutter. This shall not include subdivisions where new street or new street extensions are being constructed.
(2) 
Curbs and gutters shall not be required where the lot frontage is a minimum of 200 feet, and the lot, tract or parcel is a minimum of two acres, and is on a street frontage where no other curb and gutter exist. If the lot, tract or parcel is subdivided to allow smaller lots, there shall be installed curb and gutter along all frontages that are included in the subdivision and along boundary streets as applicable. This requirement shall apply even if only a portion of the lot frontages following a replatting are less than the minimum allowed.
(3) 
Curbs and gutters shall not be required if exempted or prohibited on rights-of-way owned or under the control of state or federal government entities.
(4) 
Curbs and gutters shall not be required if jointly determined by the Department of Community Development and Department of Public Works that the installation of curb and gutter is technically unfeasible or will not serve the intent of this provision.
(2001 Code, sec. 94-100; Ordinance 56-2006, sec. 1, adopted 7/18/06)