A. Purpose: Cross access easements provide the opportunity to minimize the number of access points along an arterial street in order to maximize the traffic carrying capacity of the street and improve the overall safety of the transportation corridor.
B. Applicability And Rules Of Interpretation:
1. If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any multi-family, group living, commercial, or industrial use, a cross access easement must be provided by the property owner to all adjoining properties that front on the same arterial street that are or may be developed as multi-family, group living, commercial, or industrial uses.
2. The city may waive the requirement for a cross access easement in cases where unusual topography, existing buildings, utility substations or other unique conditions would render such an easement functionally unusable. The city may also waive cross access easement requirements between properties that contain dissimilar uses, such as between residential uses and commercial or industrial uses.
3. The city may approve the vacation of cross access easements in those cases where the adjoining parcels are subsequently developed with a dissimilar use such as a single-family dwelling or duplex, multi-family dwellings adjacent to commercial uses, or other similar situation.
C. Requirements:
1. The cross access easement must be at least twenty four feet (24') in width, unless a narrower width is approved by the city due to topography, existing buildings, or other site conditions.
2. The drive or lane constructed in the cross access easement must be at least twenty feet (20') wide, unless a greater width is required due to fire apparatus access drive requirements or driveway width requirements contained in chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
3. The cross access drive must meet any other applicable standards for access drives contained in chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
4. Cross access easements should function as rear service lanes or as traffic circulation drives between parking areas of adjacent properties. See figures 5C.2 and 5C.3 below.
5. Permanent structures that would interfere with the proposed access are not permitted within the easement. Improvements such as medians and parking islands may be constructed within a cross access easement if it can be demonstrated that adequate circulation and cross access will be accomplished.
6. The property owner is responsible for properly maintaining the cross access easement. (Ord. 05-4186, 12-15-2005)