Any owner, authorized agent, lessee, or contractor who desires
to construct, enlarge, alter, or repair commercial access driveways
to streets within the city shall first make application to the city
secretary to obtain a permit therefor. No work shall be undertaken
on such commercial access driveways until the executed permit has
been received by the applicant.
(2005 Code, sec. 12.1.20)
All materials used in commercial access driveways [or] appurtenances
on a right-of-way shall be the responsibility of the grantee. The
city reserves the right to inspect these installations at the time
of construction and at all times thereafter, and to require such changes,
maintenance, and repairs be made as may at any time be considered
necessary to provide protection of life and property on or adjacent
to the street. The cost of changes, maintenance and repair shall be
borne by the grantee.
(2005 Code, sec. 12.1.21)
No commercial driveway, approach, or other improvement constructed
on the right-of-way shall be relocated or its dimensions altered without
a duly executed permit from the city.
(2005 Code, sec. 12.1.22)
The grantee shall hold harmless the city, its officials, duly
appointed agents, and employees against any action for personal injury
or property damage sustained by reason of the exercise of a permit
issued hereunder.
(2005 Code, sec. 12.1.23)
Common design requirements for commercial access driveways are
as follows:
(1) All
parts of entrances and exits on the street right-of-way shall be confined
within the grantee’s property frontage. Frontage is that portion
of the right-of-way lying between the two most distant possible lines
drawn perpendicular from the centerline of the street to the grantee’s
abutting property.
(2) The
location of a commercial access driveway shall be selected to provide
maximum safety for street traffic and for users of the driveway.
(3) At any intersection where additional sight distance right-of-way exists, no commercial access driveway will be permitted within the frontage thereof. At any other intersection, commercial access driveways shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it. All parts of any commercial access driveway, including the radii, shall be a minimum of ten feet inside the abutting property frontage, except as provided in subsection
(7) of this section.
(4) Drainage
in side ditches shall not be altered or impeded.
(5) Radii for all access driveways shall be not less than two and one-half feet, except as provided in subsection
(7) of this section.
(6) The
restricted areas adjacent to commercial access driveways may be filled
in provided the requirements herein are fully complied with.
(A) Surface drainage shall be provided so that all surface water on the
filled-in area shall be carried away from the street roadbed in a
suitable manner.
(B) The drainage opening underneath the filled-in area shall be adequate
to carry the water in the side ditches.
(C) The filled-in area shall extend from the sidewalk or, where no sidewalk
exists, from the right-of-way line to the shoulder line or curbed
pavement as the case may be, provided that other limits may be specified
by the city engineer to provide conformance with proposed future improvements
to the existing highway section.
(7) The
city engineer may authorize or require certain changes in the design
limits herein where such changes are necessary to preserve the normal
and safe movement of traffic or to permit reasonable access. In consideration
of type, speed, and volume of street and access driveway traffic,
larger curb return radii than the minimum herein may be required by
the city engineer. When physical factors make it impractical to obtain
reasonable access within the requirements herein, appropriate variations
may be authorized by the city engineer; provided, however, that, in
all cases, curb radii shall be confined to the grantee’s property
frontage and shall not be less than five feet wide, [and no] driveway
or its radii shall extend beyond the property line extensions at street
intersections.
(2005 Code, sec. 12.1.24)
The grantee shall do all work and pay all costs in connection
with the construction of commercial access driveways and their appurtenances
on the right-of-way.
(2005 Code, sec. 12.1.25)
(a) Width.
The width of commercial access driveways shall not exceed forty-five (45) feet measured at right angles to the center of the driveway, except as increased by permissible radii or as provided in section
3.07.145(7).
(b) Restricted areas.
(1) All parts of the street right-of-way between the curb or shoulder
line and the right-of-way line along grantee’s property frontage,
except the areas contained in the commercial access driveways, shall
be restricted areas.
(2) Restricted areas between drives shall be not less than twenty-five (25) feet in width, except as provided in section
3.07.145(7), and generally shall be a minimum of one-third the width of the property frontage. Curbs or posts shall be installed by the grantee as may be necessary to prohibit vehicle parking and access in restricted areas. If curbs are used, they shall be round, six inches in height. If posts are used, they shall be round, six inches in diameter, with domed tops, two and three-fourths feet in length; and they shall be installed six feet apart extending fifteen inches above the ground, and shall be painted white. The barrier line nearest the street shall be on line with existing curbs, established curblines, or not less than twenty-two (22) feet from the center of the street; provided the city engineer or his authorized representative may require a greater distance when needed to preserve safety and utility of the street or to provide conformance with proposed street improvements.
(2005 Code, sec. 12.1.26)
The minimum distance from the right-of-way line to the near
edge of service pumps, vendor stands, tanks or water hydrants shall
be twelve feet. To permit free movement of large vehicles and in certain
instances to insure that they be entirely off of the street right-of-way
while being serviced, a greater distance may be required by the city
engineer.
(2005 Code, sec. 12.1.28)