12.28.050 Driveway construction—Regulations

12.28.050 Driveway construction—Regulations.

Every driveway hereafter constructed or altered in street right of way shall conform to the following regulations:

1. No driveway shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements.

2. Unless otherwise approved by the city engineer, all driveways including the returns shall be confined within lines perpendicular to the curb line and passing through the property corners.

3. Whenever it is necessary for the purpose of construction of such driveway to move and relocate any street lighting standard, traffic regulation device or fire hydrant, the same shall be done at the sole cost and expense of the property owner and such removal and relocation shall be performed under the direction of and to the satisfaction of the city engineer.

4. Every driveway must provide access to something definite on private property, requiring the entrance of vehicles.

5. No construction, alteration or repair shall be permitted for any driveway which can be used only as a parking space or which provides access only to the area between the street roadway and private property.

1. Except as otherwise provided herein, the width of any driveway shall not exceed thirty (30) feet exclusive of the radii of the returns, the measurement being made parallel to the center line of the street roadway. Where driveways are to enter on courts, or alleys having a right-of-way width of forty (40) feet or less, the width of the driveways may exceed thirty (30) feet and the limitation of the percentage of property frontage in driveways may be waived; provided, the overall plan of the location of such driveways shall meet the approval of the city engineer.

2. The width of any driveway shall not be less than ten feet exclusive of the radii of the returns, the measurement being made perpendicular to the center line of the driveway.

3. Except as otherwise provided in subsection (B)(1) of this section, the total width of all driveways for any one ownership on a street shall not exceed fifty (50) percent of the frontage of that ownership along the street. Any driveway, which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway with a standard curb and sidewalk to be constructed according to the city's general specifications.

a. Whenever in a single ownership the total width of existing driveways on a street is over fifty (50) percent of the frontage of the ownership on that street, such existing driveways shall be made to conform to the provisions of this chapter in the event of any of the following changes:

(i) Any alteration or repair of such existing driveways in excess of twenty-five (25) percent of the frontage of the ownership on that street, or any widening of any such existing driveways;

(ii) Any construction of additional driveways in the ownership or the alteration or repair of any driveways in the ownership in excess of twenty-five percent (25%) of the frontage on which the driveways are to be altered or repaired, when the ownership has frontage on two or more streets.

(iii) Any change of use of the ownership as defined in Section 12.28.020.

b. Upon the alteration or repair of any one or more of the driveways, as aforesaid, the city engineer may require such changes in any or all of the driveways of that ownership as he may deem necessary for the better movement of traffic or to provide better protection to pedestrians.

c. Where a single ownership is developed into more than one unit of operation each sufficient in itself to meet the requirements of off-street parking and/or loading, as required by the zoning ordinance, and where the city engineer determines that the safety of pedestrians or vehicular traffic is not endangered, then and in those events the requirements outlined above shall be construed to apply to each separate unit of operation rather than to the entire ownership.

4. There shall be not more than two driveways on one street for any one ownership, except where a single ownership is developed into more than one unit of operation each sufficient in itself to meet the requirements of off-street parking and/or loading as required by the zoning ordinance and where the necessity for separate access to the street is evident. In such cases there shall be not more than two driveways on one street for any one unit of operation.

5. The radius for any driveway return shall be five feet unless otherwise directed by the city engineer.

6. The angle between any driveway and the street roadway or curb line shall not be less than forty-five (45) degrees.

7. The two side borders of each driveway shall be parallel.

1. Where standard curbs and gutters of Portland cement concrete are existing or to be constructed in conjunction with driveways, the following provisions shall apply to the driveway construction:

a. When Portland cement concrete sidewalks are existing, driveways shall be placed from the curb line to the existing sidewalk line, and shall be constructed of Portland cement concrete. When that section of sidewalk in line with the proposed driveway is in poor condition and determined by the city engineer to be unsafe, the driveway section shall be constructed of Portland cement concrete through the sidewalk to that edge of the sidewalk which faces the property line. Any portion of the remaining sidewalk which is in poor condition shall be repaired or replaced. In either case, driveways may also be extended to the property line either with Portland concrete cement or asphaltic cement concrete.

b. Whenever any driveway is constructed to cross an existing sidewalk which has been determined by the city engineer to differ in grade from the established grade, the driveway shall nevertheless be placed at the established grade, and shall be constructed of Portland cement concrete through the sidewalk to that edge of the sidewalk which faces the property line. Such driveways may also be extended to the property line either with Portland cement concrete or asphaltic cement concrete. If the existing sidewalk is below the established grade, an approved temporary patch shall be applied over the sidewalk to meet the driveway, and such patch shall be feathered out to a smooth and even edge. If the sidewalk is above the established grade, a suitable amount of sidewalk shall be removed and replaced as directed by the city engineer to meet the driveway at the proper elevation. Such changes of sidewalk grade shall be confined to the limits of the frontage of the property involved, unless written agreements form the adjoining property owners are presented to the city engineer. Warps, dips, or other conditions existing in the sidewalk which would cause an uneven joint between such sidewalk and a driveway shall be repaired as directed by the city engineer.

c. When Portland cement concrete sidewalks are to be placed in conjunction with driveways, the driveways shall be constructed of Portland cement concrete from the curb line to that edge of the sidewalk which faces the property line. Such driveways may also be extended to the property line either with Portland cement concrete or asphaltic cement concrete.

d. When Portland cement concrete sidewalks are neither existing nor included in the immediate project under proposal, driveways shall be paved as follows:

(i) Where the proposed distance between the curb and the sidewalk area is less than five feet, driveways shall be constructed of Portland cement concrete from the curb line to that line of the proposed sidewalk nearest to the property line.

(ii) Where the proposed distance between the curb and the sidewalk area is five feet or more, driveways shall be constructed of Portland cement concrete from the curb line a distance of five feet toward the property line.

(iii) Such driveways shall be placed to conform to the established curb grade and sloped as directed by the city engineer to attain the proper elevation for a true fit with future sidewalks.

(iv) It shall be permissible to place either Portland cement concrete or asphaltic concrete from the limits outlined above toward and into private property; provided, that the proper grade is maintained through the sidewalk area when Portland cement concrete is used. In the event asphaltic cement concrete is used, the pavement shall be considered temporary and subject to removal and replacement, the cost of which shall be paid by or assessed against the abutting property owner at such time as the sidewalks are placed.

2. Where standard curbs and gutters of Portland cement concrete are not existing, the following provisions shall apply to the construction of driveways:

a. In such location it shall not be mandatory to pave driveways for property developed for residential use only. Where such driveways are to be paved, the construction shall be of asphaltic cement concrete from the edge of the roadway to the sidewalk if the sidewalk is existing. Such driveways may also be extended to the property line either with Portland cement concrete or asphaltic cement concrete. If the existing sidewalk has been determined by the city engineer to differ in grade from the established grade, asphaltic cement concrete only shall be used between the sidewalk and the property line as such paving shall in any case be considered a temporary measure to be replaced at such time as the sidewalk is readjusted to the established grade.

Where Portland cement concrete sidewalks are neither existing nor being constructed in conjunction with driveways, driveways of asphaltic cement concrete may be constructed form the line of the street roadway to the property line. Such driveways shall be considered temporary and subject to the removal and replacement at the expense of the abutting property owner at such time as standard curbs and gutters or sidewalks are constructed. Portland cement concrete driveways shall not be permitted unless standard curbs and gutters are constructed.

b. When driveways are constructed to serve any other property than that developed for residential use only, the following improvements shall be required in connection with such driveway construction:

(i) Where the existing roadway is at the established grade line or if it is practical to establish the curb grade, and where adequate storm water drainage is provided, the construction of standard curbs and gutters of Portland cement concrete along the ultimate edge of the pavement as determined by the city engineer shall be continuous between any two driveways for one ownership. Standard curbs and gutters of Portland cement concrete shall also be continuous between any two driveways and lines extended from the property corners perpendicular to the curb line. Where a single ownership is developed into more than one unit of operation, each sufficient in itself to meet the requirements of off-street parking and/or loading as required by the zoning ordinance, the requirements for curbs and gutters as outline above shall be construed to apply to each separate unit of operation above shall be to the entire ownership. Construction of the driveways shall be as outlined in subsection (B)(1) of this section.

(ii) Where it is not practical to establish the grade and/or where there are no provisions for storm water drainage, driveways shall be properly delineated by spot posts or other means as directed. The driveways shall be of asphaltic cement concrete from the existing roadway line to the property line. Such driveways shall be considered temporary and subject to removal and replacement at the expense of the abutting property owner at such time as standard curbs and gutters or sidewalks are constructed.