The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Culvert.
A covered structure that conveys a flow of drainage under a driveway, parking lot, or other obstruction. Culverts are mainly used to divert stream or rainfall runoff to prevent erosion or flooding on highways.
Department.
The department of public works.
Director.
The city director of public works, or his or her designee.
Driveway.
That portion of a parking lot that consists of a travel lane providing ingress or egress from a public street, or a lane providing vehicular ingress or egress for a residential lot from a public street.
Facility.
Any residential, commercial, or industrial structure or complex.
Parking aisle.
The portion of the parking lot consisting of lanes providing direct access to parking spaces.
Parking lot.
That portion of any lot that is used by vehicles for access, circulation, parking, loading and unloading. It comprises travel lanes, parking aisles, parking spaces, driveways, and loading and unloading areas.
Permit.
A parking lot/driveway permit as required in this article.
Travel lane.
That portion of the parking lot which is used for the circulation of traffic entering, exiting, or traveling through a parking lot and is not used for parking spaces or parking aisles.
(Ordinance 443-10, sec. 2, adopted 8/17/10)
Any violation of any of the terms of this article, whether denominated in this article as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each incidence of violation. Each violation is considered a separate offense and will be punished separately.
(Ordinance 443-10, sec. 5, adopted 8/17/10)
After the effective date of this article, no person shall construct, reconstruct, replace, alter, enlarge, improve or perform any work on or make use of any parking lot or driveway on any property within the city for which a permit is required, except in accordance with the requirements of this article.
(Ordinance 443-10, sec. 3, adopted 8/17/10)
(a) 
Required.
(1) 
A permit shall be required under this article for:
(A) 
The construction of a new parking lot or for the improvement, construction, enlargement, relocation or alteration of any existing parking lot;
(B) 
The construction of a new driveway or the reconstruction, relocation or alteration of an existing driveway; and
(C) 
The alteration or rearrangement of parking spaces, travel lanes, stacking lanes, maneuvering areas or fire lanes of existing parking lots.
(2) 
A permit shall also be required under this article as an additional requirement in conjunction with any city ordinances or regulations governing:
(A) 
Any application submitted after the effective date of this article seeking approval of a plat, amended plat, or replat for property on which there is an existing driveway; and
(B) 
Any application submitted after the effective date of this article for a certificate of occupancy for any use of property on which there is an existing parking lot or driveway which does not comply with the requirements of this article, if the property has been vacant for a period of more than six months immediately prior to the application.
(b) 
Application.
The application for which a permit is required shall be submitted to the department on a form furnished for that purpose, along with the required fee, if any. If all of the information required for the application is submitted with or shown on any other plan or application required under any other ordinance of the city, including an application for a building permit, a required landscape site plan, or a planned development detailed plan (collectively, “alternate application”), then no separate application for a permit shall be required. However, the minimum standards for driveways, parking lots and related appurtenances under this article shall apply to construction that is the subject of an alternate application. The department may waive, in whole or part, the submission of any information or plans otherwise required, if it determines that the nature or scope of the work is such that the information or plans are not necessary to obtain or determine compliance with this article. Otherwise, the application for each property for which a permit is required shall:
(1) 
Describe the location of the property for which the permit is requested;
(2) 
Be accompanied by plans and specifications, in the manner and form as specified by the director, showing the number and dimensions of the parking spaces; the location and dimensions of travel lanes, fire lanes, driveways and stacking areas; and the minimum storage capacity on the lot for the drive-through facilities, if any;
(3) 
For any existing driveways or parking lots which violate a requirement of this article, show how compliance is to be met (relocation, rearrangement, closing of the driveway, reconstruction, etc.), or if any proposed or existing driveway or parking lot will not be in compliance with a requirement of this article, give detailed information why compliance is not possible or should not be required. In such cases, the director may require the applicant to submit a traffic study performed in accordance with accepted professional traffic engineering standards, containing information specified by the city engineer, to show any adverse impact that may result from approval of the permit;
(4) 
For any proposed or existing driveway accessing an arterial or collector street, be accompanied by a site plan, drawn to a scale of at least one inch to 50 feet, showing the following:
(A) 
The proposed land use and the location of existing and proposed structures or buildings;
(B) 
The general layout of any existing or proposed parking lot for the property, including any parking lots or portions thereof located on other properties which are not totally separated or designed to be used independently;
(C) 
The dimensions, location and design of the driveway on the property for which the application is made; and
(D) 
All significant traffic features of the street accessed or to be accessed by the driveway to the nearest intersecting streets on each side of the driveway which are not abutting the property, including the width, number of lanes, street parking, distance to the intersecting streets and the location and distance to other driveways on either side of the street;
(5) 
Contain any other information, plans or specifications required by the department to determine compliance with this article, including without limitation the specifications concerning driveways, parking lots and culverts attached to Ordinance 443-10 as exhibit A, which is incorporated herein for all purposes; and
(6) 
Plans or a letter signed and sealed by a registered professional engineer retained by the applicant and certifying that the construction of the proposed driveway or parking lot will not result in any foreseeable damage to persons or to upstream or downstream property due to any change in the drainage characteristics of the subject property.
(c) 
Issuance; conditions.
The application, plans and specifications shall be reviewed by the director or his designee to verify compliance with the requirements of this article or any other ordinance. If the department finds that the plans for the parking lot or driveway for the property covered by the application conform to this article and other applicable ordinances, the permit shall be issued upon payment of required fees. The department may issue a permit for property where any parking lot or driveway is not in compliance with this article if the department determines that, because of some condition peculiar to the property, compliance is not reasonably possible. Any permit issued may impose reasonable conditions or limitations that would serve the purpose of any requirement of this article or would otherwise be necessary to provide for traffic or public safety, including but not limited to the following:
(1) 
Requiring that any existing driveway be relocated or that a new driveway be located so as to provide for joint or shared access by adjacent properties for present or future development;
(2) 
Providing for use restrictions or special design requirements for the driveway or the parking lot it serves, such as divided one-way traffic, controlled turning movements into or out of the driveway or controlled access from the street;
(3) 
Providing for temporary use of a driveway or parking lot for a specified time or for a limited purpose or until the occurrence of a specified event; and
(4) 
Providing for the use of a culvert with certain specifications running under a driveway or parking lot.
(d) 
Appeals.
An applicant may appeal any denial, condition, or limitation of a permit to the board of adjustment. If the committee upholds the refusal, condition or limitation, the applicant may appeal to the city council, which shall make a final determination.
(e) 
Compliance; closing of existing driveway.
(1) 
All driveways and parking lots shall be designed, installed, located and constructed in accordance with the approved specifications, plans, conditions and requirements of the permit issued for the property and the requirements of this article. No certificate of occupancy shall be issued for any building on any property for which a permit is required until the construction, improvements, alterations or other work covered by the permit is completed in accordance with the permit issued, the requirements of this article or the provisions of any other applicable ordinance. Where no building permit was required in connection with the requested permit, no parking lot or driveway on the property for which the permit was issued shall be issued until and unless the work is completed in accordance with the permit and this article.
(2) 
Where the closing or relocating of one or more existing driveways or portions thereof is necessary to comply with this article or a permit issued under this article, access shall be closed by the installation of curb and gutter along the gutter line of the street, if any, and the filling of the existing driveway approach depression with asphalt or concrete, all in accordance with city specifications. If there is no existing curb and gutter on the street, the driveway shall be closed in the manner specified by the city engineer.
(f) 
Expiration.
Any permit issued under this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.
(g) 
Modifications.
After the work performed under the permit is approved, no person shall thereafter alter or change the approved driveway or parking lot without submitting a new application in accordance with the provisions of this article.
(Ordinance 443-10, sec. 4, adopted 8/17/10)
Driveways shall be separated as follows:
(1) 
The regulations of this section are for the purpose of ensuring that all driveways are separated by sufficient distance so as to avoid interfering with the safe movement of traffic. In interpreting and applying the separation requirements, the following shall apply:
(A) 
The separation requirements shall be determined in reference to any existing driveways on or off the property. Where applied to a property which is located adjacent to an undeveloped tract, the separation requirements shall account for the placement of future driveways on the adjacent undeveloped property.
(B) 
The minimum separation specified may be reduced if the amount of street frontage for the property is insufficient to allow for one driveway access that would have the necessary separation from an existing driveway on adjacent property. If a reduction in the minimum separation specified is allowed, the separation shall be reduced only to the degree necessary to allow for the driveway.
(C) 
The separation distances specified shall be measured from the nearest edge of each driveway at the right-of-way line.
(2) 
The minimum driveway separation standards are as follows:
Street
Minimum in Feet
Arterials
300
Collectors
75
Local/estate
10
(Ordinance 254-97, sec. IV, adopted 9/16/97)
Corner clearance standards shall be as follows:
(1) 
To ensure that the traffic movements from driveways do not unduly conflict with the movement of traffic on intersecting public streets, the minimum distances between driveways and the intersections of public streets are adopted in this section. In interpreting and applying the standards, the following shall apply:
(A) 
A reduced requirement may only be used if absolutely necessary to provide driveway access to property where no other means of access meeting the corner clearance requirement is reasonably possible.
(B) 
The specified distances shall be measured at the right-of-way line from the edge of the driveway nearest the intersecting street to the right-of-way line of the intersecting street.
(2) 
The minimum corner clearance requirements are as follows:
Intersection Type
Minimum in Feet
Arterial - Arterial
250
Arterial - Collector
150
Arterial - Local
50
Collector - Local
50
(Ordinance 254-97, sec. V, adopted 9/16/97)
Driveway widths and grades shall be as follows:
(1) 
Widths.
Driveways shall meet the following width standards, unless adjoining properties provide for shared access of one driveway, in which case a driveway of greater width as necessary to serve traffic from both properties may be permitted upon approval of the city engineer:
 
 
Width
(ft.)
Curb Radius
(ft.)
(A)
Single- or two-family use:
 
 
 
Maximum
30
5
 
(3-car garage/carport or more)
 
 
 
Maximum
20
5
 
Minimum
10
5
(B)
Other land uses:
 
 
 
Two-way driveway:
 
 
 
Maximum
30
20
 
Minimum
24
10
 
One-way driveway, single lane entry/exit:
 
 
 
Maximum
15
20
 
Minimum
12
10
 
Two-way lane, exit only:
 
 
 
Maximum
30
20
 
Minimum
24
10
(C)
Upon showing that significant projected truck traffic creates the need for modification of the above, the following maximum driveway designs may be permitted upon approval of the city engineer:
 
 
 
Two-way driveway
35
30
(2) 
Grades.
All driveways accessing public streets shall have no more than a 15 percent grade and shall have a minimum six-inch rise from the gutter line to the radius point.
(Ordinance 254-97, sec. VI, adopted 9/16/97)
All driveway culvert construction shall be inspected by the city during construction and shall meet the following requirements:
(1) 
Culverts shall be of sufficient size to carry the expected water flow within the channel, be made of approved classes of reinforced concrete pipe (RCP) or corrugated metal pipe (CMP), and shall be jointed together properly by materials approved by the city engineer.
(2) 
The safety standards for ends to driveway culverts adopted by the state department of transportation, as amended, on file in the office of the city engineer, are hereby adopted by reference to the following extent:
(A) 
Culverts of 21 inches in size or larger shall have six to one safety end sections. The ground around the end section shall have a grade of six to one.
(B) 
Culverts less than 21 inches in size shall have type B end sections (state department of transportation drawing CH11). Type B headwalls and guardrails may be used for pipes larger than 21 inches, when approved by the city engineer.
(C) 
Culverts of 30 inches or less do not require safety pipe runners. Culverts above 30 inches shall meet state department of transportation standards.
(Ordinance 254-97, sec. VII, adopted 9/16/97)
In order to ensure that the use and design of parking lots do not unreasonably interfere with the efficient and safe use of the public streets, the following regulations shall apply:
(1) 
All properties shall provide for the number of parking spaces as required by the currently adopted zoning ordinance.
(2) 
The dimensions of all parking spaces shall be in accordance with the dimensions shown in the currently adopted zoning ordinance.
(3) 
Parking lots shall be located or designed so as not to require vehicles to back into a public street, a parking lot travel lane or the area where parking area aisles intersect with travel lanes.
(4) 
Parking lots shall be designed so that no part of any public street will be used as a maneuvering area, a travel lane or a parking area aisle for any parking lot. Each driveway shall have the required vehicle stacking distance within the parking lot; provided, however, the city engineer may impose a greater stacking distance in particular cases, when clearly necessary to prevent interference with the use of any public street. Each stacking area shall be designed to be separated from the remaining portion of the parking lot.
(5) 
Each property on which is located a business or facility which offers drive-through window service, such as fast-food restaurants and banks, shall provide the minimum required vehicle reservoir capacity within the parking lot, so that vehicles will not interfere with the use of any public street.
(6) 
No property shall be designed to make use of the parking lot of another property without the express written permission of the owner of the other property.
(7) 
All parking lots shall be so designed and constructed without view obstructions so that vehicles may enter, circulate through and exit the parking lot in reasonable safety without danger to pedestrians or other vehicles.
(8) 
Parking lots shall be designed, constructed and maintained so that vehicles cannot extend beyond the perimeter of the lot onto adjacent properties, public rights-of-way, sidewalks or areas used as walkways.
(9) 
No portion of any parking lot, other than a driveway, shall be located within five feet of any public street right-of-way.
(10) 
Parking lots shall comply with the landscaping requirements of any other ordinance.
(11) 
All parking lots shall be constructed in accordance with the specifications of the applicable provisions of the city’s currently adopted zoning ordinance. All parking lots shall be surfaced with concrete or asphalt, except pavers may be used if they meet the minimum load limits for the type and amount of vehicular traffic for the parking lot, in accordance with the manufacturer’s specifications. Parking lots shall be maintained in good condition so as to be free of potholes or other defects and so that all parking space lines or other markings are kept visible and distinct. The provisions of this subsection shall not apply to parking areas for land primarily used for rodeos or fairgrounds.
(12) 
All commercial parking lots must comply with the Americans with Disabilities Act (ADA).
(Ordinance 254-97, sec. VIII, adopted 9/16/97; Ordinance adopting Code)