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135.14 DRIVEWAY AND CURB CUT STANDARDS.
   1.   Purpose. The purpose of this chapter is to ensure safe and efficient access to or from the public street network by establishing standards to protect the capacity for handling peak traffic volumes of public streets, to maintain smooth traffic flow, to control the location and number of access points, to separate and control intersection conflict areas, and to provide adequate spacing between driveways. These standards help to ensure that the city's street network is designed to balance the functions of access to adjoining property, pedestrian circulation, and vehicular traffic circulation. This chapter has been established to meet the following objectives:
      A.   To provide maximum safety and protection to the public through the regulation of vehicles entering and exiting public streets;
      B.   To provide a uniform ordinance for the design, location, operation, and construction of driveways throughout the City of Indianola; and
      C.   To provide owners of abutting property with the maximum service feasible, consistent with the safe and efficient use of the public streets.
   2.   Definitions.
      A.   The word "shall" is mandatory and the word "may" is permissive.
      B.   As used in this chapter, the following terms shall have the definitions set out below:
      Applicant: The property owner or the property owner's authorized legal agent who is applying for a permit.
      Access: The place, means or way by which pedestrians or vehicles have ingress and egress to a property or parking area.
      Arterial Street: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. Arterial streets, as referenced in this title, are those streets shown and defined on the City of Indianola's Comprehensive Plan, as amended, and Iowa Department of Transportation's federal functional classification.
      Collector Street: A street, the principal function of which is carrying traffic from local streets to arterial streets. Collector streets, as referenced in this title, are those streets shown and defined on the City of Indianola's Comprehensive Plan, as amended, and Iowa Department of Transportation's federal functional classification.
      Circle driveway: A private drive, one-way driveway which enters and leaves private property at two points within the same frontage.
       Clear vision area: Land acquired or used by and in accordance with standard practices of the agency having jurisdiction over the road for the purpose of maintaining unobstructed vision.
      Commercial driveway: A driveway serving a commercial establishment, industry, government or educational institution, hospital, church, multifamily residential building, mobile home park, and all other facilities not included in the definitions for residential, field or utility structure driveways.
       Controlled access: A road right-of-way in which owners or occupants of abutting lands, and other persons, have no legal right to access those abutting lands except at such point only, and in such manner as determined by the city.
      Culvert: Closed conduit used for the passage of surface drainage under the driveway(s).
      Driveway width: The narrowest distance of the driveway running parallel with the edge of pavement.
      Field driveway: Any driveway serving a farm yard, cultivated or uncultivated field, timberland or undeveloped land not used for industrial, commercial or residential purposes.
      Frontage: The private lot line that abuts the road right(s)-of-way.
      Local Streets: A street used primarily for access to abutting property and for moving local traffic.
      Property owner: A person, firm, association, partnership, corporation, or combination of any of these, or any other party having an interest in the land involved.
      Residential driveway: A driveway serving a private single-family or two-family dwelling.
      Right-of-way: That property owned by the governmental body on which the roadway system exists and which may be accessed with the construction of driveways.
      Utility structure driveway: Any driveway serving a structure or utility installation, such as a pump house or substation, which operates automatically and requires only occasional access.
   3.   Driveway/curb-cut permit required.
      A.   Permit Required:
         (1)   The construction of any new driveway or the creation of any new curb-cut for an access point to private property shall require that a permit be obtained from the Zoning Administrator or designee.
         (2)   When a driveway permit is issued, existing curb cuts that are no longer in use shall be filled in with curb and gutter pursuant to city standards. Curb and gutter shall be installed together as one unit.
         (3)   For access to a state highway, an access permit must be approved by the Iowa department of transportation (IDOT), with a recommendation from the city. A recommendation from the city is required prior to filing an application with the IDOT. However, a separate city access permit is not required.
         (4)   The Public Works Director or designee may waive or vary this driveway requirement where unique circumstances exist.
      B.   Fee. The fee for a permit required by this section shall be as set by Resolution of the City Council.
      C.   Failure to Reconstruct Pavement. If, after 30 days after the breaking out or removal of any concrete curb or pavement, the person doing the work fails or refuses to pave the driveway as required by this section, the City shall have the right to do so without notice, and assess the cost thereof as a special tax against the abutting property and collect the tax according to law.
   4.   Driveway Spacing Standards 
      A.   Purpose. Driveway spacing simplifies driving by reducing the amount of information a driver must process and react to. Adequate spacing between driveways and roadways or other driveways can reduce confusion, decreases the potential for congestion and accidents for both through traffic and vehicles using the driveway. Inadequate spacing requires drivers to watch for ingress and egress traffic at several points, while simultaneously trying to control their vehicle and monitor other traffic ahead of and behind them.
      B.   Driveway spacing:
         (1)   Driveways shall be located to limit undue interference with the free movement of road traffic and to provide the required sight distance.
         (2)   Driveways, including the radii and tapers, shall be located entirely within the subject property's right-of-way frontage. This right-of-way frontage is determined by projecting the lot lines to the edge of pavement of the road. Encroachment of curb and radii on adjacent right-of-way frontage shall be permitted only upon written certifications from the adjacent property owner(s) (agreeing to such encroachment) and/or when the city has determined that such encroachment is necessary to preserve safe roadway conditions.
         (3)   Access points to the property shall be limited based on the adjacent public roadway's functional classification as identified in the Indianola Comprehensive Plan.
         (4)   Driveway spacing from street intersections and between driveways shall be one hundred fifty feet (150') on arterial streets, one hundred feet (100') on collector streets, and fifty feet (50') on all other streets.
            a.   The driveway spacing between a driveway and a street intersection will be measured at the curb line from the beginning of the radius of a street intersection to the beginning of a driveway curb cut.
            b.   The driveway spacing between two driveways will be measured at the curb line between driveway curb cuts.
         (5)   The city may adjust the driveway spacing standards so that driveways line up with existing driveways across the street.
         (6)   To reduce left-turn conflicts, new driveways shall be aligned with those across the roadway where possible. If alignment is not possible, driveways should be offset to meet the minimum spacing requirements on Section 135.14-4-B-4 from those on the opposite side of the roadway. Longer offsets may be required depending on the expected, inbound left-turn volumes of the driveways.
   5.   Driveway Design Standards
      A.   Purpose: The design features described herein shall be used by the applicant in designing proposed driveways or driveway systems. These standard dimensions shall be used, unless the city determines that conditions require a deviation or the applicant can demonstrate cause for deviation. The city reserves the right to determine whether this deviation shall be granted. In addition, based upon anticipated traffic volumes on the driveway(s) and the roadway, type of traffic to use the driveway, type of development, and other safety and operational considerations, the city may request changes or specify particular dimensions to ensure safe operations.
      B.   Single-family residential, Two-family residential, Utility, and Field driveways:
         (1)   Number of access points allowed:
            a.   One residential driveway shall be permitted for each platted lot or for unplatted residential property with less than one hundred feet (100') of frontage.
            b.   One additional residential driveway may be permitted along a local street for residential property with more than one hundred feet (100') of frontage. If two (2) access points are approved for a single lot, the primary access drive must be from the lower classified street.
            c.   In lieu of the above, two residential driveways may be permitted on the same property to serve as a one-way circle driveway if the frontage of the property is one hundred feet (100') or more along a local street.
            d.   Field entrance and utility structure driveways will be reviewed on a case-by-case basis. The city review will take into the proximity of the adjacent driveways and intersecting streets, as well as traffic volumes along the roadway.
         (2)   Shared Driveways: Dwellings may, and are encouraged to, share drives and aisles; provided, that a shared access easement is secured from the owners of each property sharing the drive or aisle. The easement must be recorded and proof of such recording must be submitted prior to issuance of a driveway permit.
         (3)   Paving Standards:
            a.   All residential and utility driveways shall be paved in their entirety, using either concrete, asphalt, or permeable pavers.
            b.   Field driveways shall only be required to be paved from the roadway edge of pavement to the roadway right-of-way line.
         (4)   Dimensional Standards:
            a.   For alley or rear lane access, the driveway is allowed to be as wide as necessary to provide access to the garage or parking space(s).
            b.   For properties with a single access point, the maximum driveway width is twenty-four feet (24') measured at the property line and thirty feet (30') measured at the curb line.
            c.   If two (2) access points are approved on a single frontage lot, the maximum dimension for each driveway is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line.
            d.   For single-family uses, if two (2) access points are approved, one from an alley or private rear lane, and one from a street, the primary access drive must be from the alley or private rear lane. In such a case, the maximum driveway width for the secondary driveway from the street is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line. The access drive from the alley or rear lane is allowed to be as wide as necessary to provide access to the garage or parking space(s).
            e.   For single-family uses, if two (2) access points are approved on a double frontage or corner lot, one on each frontage, maximum driveway width for the primary driveway is twenty-four feet (24') measured at the property line and thirty feet (30') measured at the curb line. The maximum driveway width for the secondary driveway is twelve feet (12') measured at the property line and eighteen feet (18') measured at the curb line.
            f.   For two-family uses, if two (2) access points are approved, one from an alley or private rear lane, and one from a street, the maximum driveway width for the driveway from the street is twenty feet (20') at the property line and twenty-six feet (26') at the curb line. The access drive from the alley or rear lane is allowed to be as wide as necessary to provide access to the garage or parking space(s).
            g.   For two-family uses, if two (2) access points are approved on a double frontage or corner lot, one on each frontage, the maximum driveway width for each driveway is twenty feet (20') at the property line and twenty-six feet (26') at the curb line.
            h.   The maximum width for shared driveways is twenty-four feet (24') measured at the property line and thirty feet (30') measured at the curb line.
         (5)   Visibility Standard: Clear vision areas (triangular in shape) shall be maintained on both sides of all residential, utility, and field drives. A clear vision area shall be determined using the following three points:
            a.   The point of intersection of the side line of a driveway projected to the roadway edge of pavement, and
            b.   Two points, fifteen feet (15') in distance from that point of intersection. One shall be measured outward from the driveway along the edge of pavement. The other shall be measured along the side driveway line leading onto the subject property.
      C.   Multi-family, Group living, and Nonresidential driveways:
         (1)   Number of access points allowed:
            a.   For lots or parcels existing prior to the adoption of this ordinance, one driveway may be permitted for each separately owned parcel with less than 100 feet of frontage, provided that the parcel is wide enough for the minimum driveway width, plus the required radii. Where parcel size is insufficient, a shared driveway or other means of access may be required.
            b.   Additional driveways may be permitted as follows:
               i.   One additional driveway may be allowed for a site with continuous frontage of one hundred fifty feet (150') or more if no other access opportunities are available; or
               ii.   Two additional driveways may be allowed for a site with continuous frontage of three hundred feet (300') or more if no other access opportunities are available.
            c.   Additional access such as that outlined above may be allowed if the applicant provides justification based upon standard traffic engineering criteria that encompass analyses of trip generation, distribution, and level of service. The city has the final decision regardless of conclusions drawn from these analyses.
            d.   Two driveways may be permitted, in lieu of the above, to serve as a one-way circle drive if the frontage is one hundred twenty five feet (125') or more.
         (2)   Shared driveways: Adjacent property owners may, and are encouraged to, consolidate their driveways by using either a joint driveway system or a frontage road. All frontage roads are to be placed on private property outside of the right-of-way. The easements from participating property owners must be recorded and proof of such recording must be submitted prior to issuance of an access permit.
         (3)   Paving Standards:
            a.   All commercial driveways shall be paved in their entirety, using either concrete, asphalt, or permeable pavers.
            b.   All commercial driveways shall be constructed with concrete curb and gutter along the entire required-entry and exit radii for the driveway.
         (4)   Dimensional Standards:
            a.   The city will determine driveway specifications, including width and configuration of lanes, for multi-family, group living, and nonresidential uses based on the size of the development, the anticipated traffic generated by the use, the location, the surrounding land uses, and the functional classification of the street to which the driveway provides access.
            b.   Multi-family and Group living uses: Driveway widths for multi-family and group living uses may not exceed twenty-four feet (24') measured at the property line and thirty-two feet (32') at the curb line, except as required by the city for high traffic volume situations.
            c.   Nonresidential Uses: Driveway widths for non-residential uses may not exceed thirty-four feet (34') measured at the property line and forty two feet (42') at the curb line, except as required by the city for high traffic volume situations and for commercial and industrial properties that need to accommodate large truck traffic.
         (5)   Visibility Standard: Clear vision areas (triangular in shape) shall be maintained on both sides of all commercial drives. A clear vision area shall be determined using the following three points:
            a.   The point of intersection of the side line of a driveway projected to the roadway edge of pavement, and
            b.   Two points, twenty-five (25) feet in distance from that point of intersection. One shall be measured outward from the driveway along the edge of pavement. The other shall be measured along the side driveway line leading onto the subject property.
   6.   Appeals.
      A.   After reviewing a driveway design, the Zoning Administrator or designee may:
         (1)   Approve design as submitted; or
         (2)   Approve design with corrections to conform the design to the requirements of this Chapter; or
         (3)   Approve design with variations from the requirements of this Chapter, provided that the roadway drainage can still be designed without adversely affecting private properties and driveway design with variations will not adversely affect public safety.
      B.   If the applicant disagrees with the final decision of the Zoning Administrator or designee, the applicant shall have the right to appeal such decision in writing, along with the appropriate studies and justification to support the variance request. The variance request will be submitted to the Board of Adjustment created under the Zoning Code. The appeal shall be made by the applicant within five business days of the final decision and filed with the City of Indianola Community Development Department. Procedures for administrative hearings as provided in Section 165.02-3(B) of the City of Indianola Zoning Code shall govern appeals made pursuant to this paragraph. The decision of the Board of Adjustment shall be the final decision of the City of Indianola.
   7.   Penalties. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined for each offense up to the maximum amount as allowed by the Code of Iowa. Each day that a violation is permitted to exist constitutes a separate offense.