A. General: All construction of crossings under this section shall be done in a manner and with such materials as are prescribed by the New Mexico department of transportation unless noted in this section. Prior to any construction of crossings specified in this section, an access permit is required. Application for an access permit can be obtained from the building inspector. The building inspector, city engineer, or designee shall approve the access permit.
B. Required: The owner of any land desiring to construct a crossing of any sidewalk or public right of way for use by trucks, tractors, trailers, buses, automobiles or any other vehicles so as to enter any private or other alley or way on such premises or so as to give access to any entrance or exit to any such premises shall first obtain a permit from the building inspector. Such construction or future maintenance of the crossing is the responsibility of the owner in accordance with the following requirements. Such construction or future maintenance is the financial responsibility of the owner. The construction is subject to approval by the building inspector or city engineer.
C. Application Submission: Application and construction documents shall be submitted for each application for permit. The construction documents shall be prepared by a design professional. The city engineer, building inspector, or designee is authorized to waive the submission of documents prepared by a registered design professional if it is found that the nature of the work applied for is such that an in depth review is not necessary. Where special conditions exist, additional documents or data, including, but not limited to, traffic studies, may be required for approval of the permit.
D. Light Traffic Commercial/Industrial Areas: In all light traffic commercial/industrial areas, which shall include all office buildings or other commercial buildings not more than two (2) stories in height, the width of curb cuts or driveways shall be a minimum of twelve feet (12') and a maximum of twenty five feet (25'). No curb cuts or driveways shall be closer than thirty feet (30') from side property lines. All other requirements shall be the same as in residential areas.
E. Heavy Traffic Commercial/Industrial Areas: In all heavy traffic commercial/industrial areas, which include, but are not limited to, all drive-in type establishments, no curb cut or driveway shall be closer than thirty feet (30') from side property lines. The width of curb cuts or driveways shall be a minimum of twenty feet (20') and a maximum of thirty five feet (35'), provided that the city engineer approves a curb cut or driveway over thirty five feet (35') in width when justified after a complete study of the following factors:
1. Traffic volume.
2. Pedestrian volume.
3. One-way streets.
4. Type of business making the request.
5. All other requirements shall be the same as in residential areas.
F. Residential Areas: In all residential areas, which shall include all dwelling units, single-family, apartments or otherwise, the following shall apply:
1. The minimum width of curb cuts shall be twelve feet (12') and the maximum width shall be twenty two feet (22').
2. No curb cut or driveway shall be closer than five feet (5') from interior side property lines.
3. A minimum of twenty two feet (22') of the standing curb must remain between any two (2) curb cuts on the same lot or single parcel of land. If more than one lot or parcel of land is being put to a single land use, this requirement shall apply to that land use.
4. No double or circle drives shall be installed unless the property has a minimum of sixty feet (60') of frontage on the street affected thereby.
5. Corner property curb cuts shall be no closer to the intersecting street than fifteen feet (15') from the property line of the intersecting street, but the driveway shall not encroach on the corner curb return of intersections. No driveway shall be allowed on the one-way turning roadways of channelized intersections. Where traffic volumes are heavy or where the intersection is signalized, the corner clearance shall be at least twice the stated minimum value on the stopping side of the intersection.
G. Exceptions: The city engineer may issue a waiver for any single curb cut, driveway or circle drive in cases where frontage is not adequate to meet the requirement and where based on unique property characteristics that prohibit compliance as long as public safety is not compromised.
H. Abandoned And Nonconforming Curb Cuts Or Driveways: If any vehicular or other sidewalk crossing is clearly abandoned as a crossing or no longer used for its intended purpose, any permit granted for the use of the crossing as such shall be subject to revocation by the city of Deming only after thirty (30) days' written notice of such proposed revocation has been given to the owner of the property to which the crossing is appurtenant. The owner's name and address will be ascertained from the county tax rolls. It shall be sufficient notice under this section to make delivery of the notices by certified mail with return receipt requested.
I. Consideration, Approval: After examination and consideration of the application for a permit required by the city of Deming and the plan and examination of the premises if deemed necessary, the building inspector or designee is authorized and directed to approve a permit for the construction if the use of the right of way or crossing will not unreasonably interfere with the proper and safe use of the sidewalk or right of way to be crossed or the proper and safe use of the street or other public way to which ingress and egress is made from private premises. No construction shall be made until such permit has been granted.
J. Access Permit Fees Established: An application fee of 0.05 percent of the proposed construction value or a minimum of twenty five dollars ($25.00) will be assessed by the building inspector if not in conjunction with a concurrent building permit. (Ord. 1216, 9-13-2011)