1175.09 ACCESS DRIVES AND PARKING FACILITIES FOR USES OTHER THAN ONE AND TWO HOUSEHOLD USES.
   The following regulations and standards shall apply to access drives and parking facilities for other than one or two household uses (i.e.: commercial, industrial, institutional, religious places of worship and other non-one and two household uses):
   A.   Owners of private property are responsible for the construction and maintenance of access drives that serve such properties, including the portion of the access drives located within the public right-of-way. No person shall hereafter construct, build, establish or alter any access drives over, across or upon any public sidewalk or tree lawn without first obtaining a driveway permit in addition to the building permit in accordance with this section.
   B.   An application for a driveway permit shall be made by the property owner or his or her agent on a permit form furnished by the City Engineer. The applicant is responsible for the preparation of a detailed plan of the proposed drives. The plan submitted shall become a part of the permit record and shall contain information sufficient for:
      1.   A review of the application;
      2.   A contractor to construct the proposed driveway in accordance with the terms of the permit; and
      3.   Serving as a record of the work authorized by the City Engineer.
   A non-refundable permit fee for each curb cut, as established by Council, shall be paid at the time of issuance of the permit. Each construction, building, establishment or alteration of any access drive over, across or upon any public sidewalk or tree lawn shall require a separate permit.
   The detailed plan shall be drawn to a scale of one inch to forty (40) feet or less and three (3) copies shall be submitted. The City Engineer shall retain two copies of the detailed plan and return one copy to the petitioner upon approval or disapproval thereof. The detailed plan shall contain the following information:
      1.   General.
   The north point, scale and date of the plan;
      2.   Property.
   The property boundary lines and dimensions thereof, the source of the same for which the access drive approval is requested, including existing easements and right-of-way lines, adjacent properties on the same frontage and adjacent properties on the opposite frontage, indicating the location of existing and/or known proposed ingress and egress to such properties;
      3.   Topography.
   Topographical data, including existing street widths and the location of edges, curbs, islands, sidewalks, catch basins, inlets, fire hydrants, culverts, drainage ditches or water courses and other items located in the street right-of-way along the frontage of the property being served by the proposed access drives, the exact location and dimensions of existing curb cuts, if any, and the existing directions of traffic flow on the subject property and into and from public ways;
       4.   Proposed Access Drives.
   The exact location, dimensions and type of construction of proposed facilities of ingress and egress to the subject property, proposed curb cuts, if any, and the proposed direction of traffic flow on the subject property and into and from public ways. The detailed plan of the driveway shall be accompanied by a detailed site plan, if needed, to show all information both on and off the street right-of-way that will affect traffic movement, such as curbs, parking facilities, buildings, pump islands and loading dock locations;
      5.   Drainage.
   The method of surface water (storm water) run-off control that ensures that concentrated flows will not be directed by the proposed driveway across sidewalks or public street pavements or curbs, and the location and description of proposed drainage structures within the public right-of-way, if any;
      6.   Applicant.
   The name and address of the person seeking approval of the proposed access drive; and
      7.   Approval Blank.
   Provision on the face of the site plan for the approval stamp of the City Engineer.
   C.   Approval of a driveway permit shall be considered only as approval of proposed work within the public street right-of-way. The location and design of all items related to traffic movement upon the private property, such as curbs, parking facilities, parking aisles and pump islands, shall be subject to the review and approval of the Building Inspector.
   D.   The City Engineer shall determine whether or not the proposed access drive conforms with the following requirements:
      1.   Driveway Width.
   The minimum width of a drive for commercial, institutional, religious places of worship and other non-one and two household uses, excluding industrial uses shall be fifteen (15) feet for a one-way drive and twenty-four (24) feet for a two-way drive, and the maximum width shall be eighteen (18) feet for a one-way drive and thirty-six (36) feet for a two-way drive at moderate volume locations (150 parking spaces or less). The minimum width for commercial or multi-household driveways at high-volume locations (over 150 parking spaces) shall be the same and the maximum width shall be forty-eight (48) feet plus a median width that may vary between four (4) and twelve (12) feet.
   The median width may be delineated with raised curb or surface traffic painting. The width of an industrial driveway shall be a minimum of twenty (20) feet for a one-way drive and twenty-eight (28) feet for a two-way drive, and the maximum width shall be twenty-four (24) feet for a one-way drive and thirty-six (36) feet for a two-way drive, unless a median is provided in the driveway, in which case the maximum width may be the same as the maximum commercial or multi-household driveway. The width shall be measured along the line parallel to the centerline of the street at the street right-of-way line or at the location where the radius flare becomes tangent to a line perpendicular to the street.
      2.   Driveway Alignment.
   The intersection angle of the centerline of the driveway and the street shall be between seventy (70) and ninety (90) degrees except for gasoline stations, which shall be between forty-five (45) and ninety (90) degrees.
      3.   Curb Requirements; Curbed Streets.
   Drives abutting curbed streets may be either curbed or uncurbed. Where a drive abuts a street with a rolled-type curb with a maximum width of four (4) inches, the owner may either install a depressed curb two (2) inches high or construct the drive flush with the top of the curb. Where a proposed drive abuts a street with a vertical-type curb, the owner shall install a depressed curb not higher than two (2) inches above the original gutter line of the street.
      4.   Curb Requirements; Uncurbed Streets.
   Drives abutting uncurbed streets may be either curbed or uncurbed. However, the drive curb shall not extend closer to the through pavement edge than eight (8) feet.
         5.   Sidewalk Ramp.
   Where a drive curb is extended past a sidewalk, a sidewalk ramp shall be installed.
      6.   Driveway Edge Turning Radius.
   When the drive apron is constructed with a radius edge, the minimum radius shall be twenty (20) feet for uncurbed street locations and fifteen (15) feet for curbed street locations. When the drive apron is constructed with straight edges, the paved surface area shall provide for the turning movements that can be made on a radius drive with the minimum radius specified in this paragraph. For determining acceptable straight edge design the turning radius may be considered as being tangent to a line two (2) feet to the street side of the back of the street curb, and tangent to a line one (1) foot to the drive side of the edge of the drive.
      7.   Length of Dropped Curb.
   The maximum length of a dropped curb or the maximum length of a drive apron meeting the back of a rolled curb shall be eighty (80) feet.
       8.   Material Requirements.
   Drive aprons constructed on curbed streets shall be constructed with Portland cement concrete. The minimum thickness shall be six (6) inches for drives to be used by passenger cars and light trucks and eight (8) inches for drives to be used by heavy trucks.
   Drive aprons constructed on uncurbed streets may be constructed with either Portland cement concrete or asphalt concrete. Concrete thickness shall be as noted above. The minimum thickness of a drive shall be either two and one-half (21/2) inches of asphalt concrete over eight (8) inches of aggregate base or one (1) inch of asphalt concrete over five (5) inches of bituminous aggregate. The owner shall use additional thicknesses of material for locations where heavy trucks will use the driveway.
   On concrete drive aprons, expansion joint material shall be provided between the curb and apron and between the apron and the sidewalk.
   Where an apron crosses an existing sidewalk of less thickness than the required concrete the sidewalk shall be removed and reconstructed.
   The sidewalk area through an asphalt drive shall be constructed with concrete.
      9.   Offset Location.
   All drives shall be located to minimize the offset distance from another drive or a street intersection on the far side of the street.
      10.   Spacing Between Curb Cuts.
   The minimum spacing between curb cuts serving the same property shall be eighty (80) feet along arterial streets, sixty (60) feet along collector streets and twenty (20) feet along local streets.
      11.   Sight Distance.
   A drive to be located along a property frontage that has less sight distance available than the minimum sight distance required for making all turning movements safely shall be located to provide the maximum sight distance available for right turns for ingress and egress and shall be restricted in use to right turns only.
      12.   Number of Curb Cuts.
   The maximum number of curb cuts to be allowed for one property along one frontage on both arterial and collector streets shall be two. Any number of curb cuts meeting the length and spacing requirements may be installed along local streets.
   As used in this paragraph "property" means:
         a.   A platted lot under single ownership which is of record at the time of passage of this section;
         b.   Two or more platted lots or combinations of lots with continuous frontage under single ownership which are of record on such date; or
         c.   An unplatted parcel of land with continuous frontage under single ownership, except land where a final plat is approved by the Planning Commission after such date, in which case each new parcel shall be considered as one property.
      13.   Spacing at Corners.
   The minimum spacing from the end of a curb cut for a drive to a public street intersection shall be ten (10) feet plus the radius of the intersection curb or the edge of the pavement, but not less than thirty-five (35) feet as measured from the curb line or edge of the pavement projected from the cross street to the curb cut along the street curb line.
      14.   Major Traffic Generators.
   Access drives for major traffic generator developments with over one hundred (100) parking spaces shall be located not less than two hundred (200) feet on arterial streets and collector streets and not less than one hundred (100) feet on local streets from a street intersection as measured from the near curb line or the edge of the pavement projected from the cross street to the centerline of the driveway.
      15.   City Utility Adjustments.
   If the drive requires a change in any City owned item, the owner shall be responsible for the expense of the adjustment as required for the following:
         a.   Pole relocation;
         b.   Manhole cover adjustment to grade;
         c.   Relocation or adjustment to grade of a water valve box;
         d.   Relocation or change on a street inlet; and
         e.   Moving a fire hydrant to provide six (6) feet of clearance from the edge of the apron and the centerline of the hydrant.
      16.   Joint Use Driveways.
   A permit may be issued for a joint use drive, provided the owners of both properties file a joint application for the drive.
      17.   Median Openings.
   No new median openings for drives shall be permitted on divided streets.
      18.   Parking Aisles.
   No on-site vehicular parking aisle or on-site access drive shall be located less than thirty (30) feet from any parallel public street, measured from the nearest curb line of the aisle or access drive to the nearest right-of-way line of the parallel public street.
   Commercial drives serving parking facilities with one hundred (100) or more parking spaces constructed along any classification of street should be designed to prevent cross movement of internal traffic on the property for a distance of one hundred (100) feet from the street right-of-way line. This may be accomplished by the use of a raised divider or by the use of curbing.
   Industrial drives serving parking facilities with one hundred (100) or more parking spaces constructed along an arterial street should be designed to prevent cross movement of internal traffic on the property side of the street right-of-way line for a distance of one hundred (100) feet from the street right-of-way line.
      19.   Driveway grades.
   Where possible, the driveway crossing of the sidewalk shall be made with no change in the sidewalk grade. Where conditions preclude meeting this objective, the sidewalk shall be warped to meet the driveway grade. Sidewalk step-down sections shall not be used.
   Within the right-of-way limits, the drive grade shall be limited to a maximum of six (6) percent. Where possible, the profile of the commercial or industrial drive shall have a relatively flat area thirty (30) feet long from the edge of the pavement to permit vehicles from turning off a roadway without immediately climbing or descending.
   The drive shall have small sag or crest rounding as may be required in the vertical profile, at a grade change point, to provide vehicle clearance.
   E.   The following exceptions to subsections A. through D. hereof shall be made for gasoline service stations. At street intersections, a minimum distance of ten (10) feet shall be provided between the terminus of the public street curb radius and the intersection of the curb lines extended of the public street and the edge of the access drive, but in no case shall the distance between the intersection of the curb lines extended of the public street and the access drive and the intersection of the nearest curb lines extended of the nearest intersecting public street be less than thirty (30) feet. A distance of twenty-five (25) feet shall be provided between access drives measured from the nearest curb lines thereof. Not more than two access drives per street frontage shall be allowed.
   F.   A specific land parcel to be developed with such uses as a drive-in restaurant, drive-in financial institution, drive-in car wash stall, drive-in beer or liquor store or similar use requiring a continuous flow of one-way traffic onto and off of the particular parcel and which has a frontage of less than two hundred ten (210) feet, shall be permitted two (2) access drives per frontage, provided that one access drive is for entrance only and one access drive is for exit only.
   G.   If an existing drive is to be abandoned with the redevelopment of a property, the owner shall remove the unused drive apron at his or her expense. The owner shall also replace any dropped curb section along the street at an abandoned driveway with a new curb of a design approved by the City Engineer.
   H.   If any lot, by reason of location or size, cannot be developed in accordance with this section, access shall be provided at locations which most closely comply with this section in the judgment of the City Engineer. Under no circumstances shall access be denied to any property.
   I.   The proposed location of the access drive shall make due provision for:
      1.   Automotive and pedestrian safety;
      2.   Traffic flow and control;
      3.   Accessibility for emergency vehicles; and
      4.   The economic, noise, glare or odor effects of the proposed access drive, loading facilities and parking facilities on adjoining properties.
   J.   Except as provided in subsection N. of this Section 1175.09, the City Engineer shall, within ten days after receiving a completed driveway permit application as required under subsection B. hereof, approve or disapprove the location of the proposed access drive. If the decision is negative, the City Engineer shall state the reasons in writing. The City Engineer shall, within ten days after receiving a completed driveway permit application for any parcel of real property location within the area described in Exhibit A, attached to Ordinance No. 2001-172 and made a part hereof, by reference, refer any such application to the City Council for approval or disapproval under Section 1175.09 N.
   K.   Appeals from a decision of the City Engineer shall be filed with the Secretary of the Board of Zoning Appeals within thirty (30) days of such decision.
   L.   Drive culverts shall be installed at the property owner's expense and in accordance with the specifications of the City Engineer.
   M.   The issuance of a permit for a drive shall not obligate the City to allow and/or provide for all possible traffic turning movements to or from a specific drive. If, at any time in the future, traffic flow conditions, in the opinion of the proper City officials, become congested or a hazard due to left turning movements to and/or from a driveway, the left turn movements may be prohibited by the installation of traffic control devices and/or a street median barrier curb.
   N.   No driveway permit as provided for under Section 1175.09, for any parcel of real property located within the area described in Exhibit A attached to Ordinance 2001-172 and made a part hereof by reference, shall be approved by the City Engineer until such driveway permit has been first approved by the City Council.
(Ord. 98-176. Passed 8-3-98; Ord. 2001-172. Passed 10-15-01.)