(A) No curbcut for a driveway approach shall be made within three feet of the extended side property line of the property to be serviced by the driveway, unless a joint-use driveway for the two adjoining properties is located on the common property line by written agreement running with the land, filed with the city and signed by all the owners of the adjoining property using the common driveway. The execution of the agreement must be acknowledged by all parties executing it (notarized). Driveways on residential lots shall be allowed at zero lot lines to encourage side entrance garages.
(B) The city shall be authorized to require the establishment of joint-use driveways, cross-access easements, and frontage roads, in connection with the reduction of the driveway spacing in accordance with the following guidelines.
(C) Access to arterial and collector streets. Properties fronting on arterial or collector streets with less than 300 linear frontage feet should have indirect access to the arterial or collector street by means of either joint-use driveways or service roads, or in the case of corner parcels, by access to the collector or the facility (if not an arterial) that intersects the collector. The following conditions shall apply:
(1) When a parcel of property is located where there is no existing or planned service road, and the planned use of the subject property is incompatible with existing uses of abutting properties (such as, single-family residential), or development of abutting properties is not anticipated, making a joint use driveway undesirable, a temporary driveway with direct access to the arterial or collector street, or, in the case of a corner parcel, to the collector or the facility (if not an arterial) that intersects the collector streets, will be allowed, provided that:
(a) Access rights to the parcel are dedicated to the city; and
(b) The necessary cross-access easement shall be conveyed to the city, in order to provide for (d) below.
(c) When the use of an abutting property changes to a compatible use, a joint-use driveway shall be provided by the owners of the abutting property which use has changed, at a location approved by the City Commission, and the temporary driveway discontinued (if not used as the joint-use driveway); and
(d) Joint-use driveways, with required cross-access easements, serve as many adjoining properties as necessary to maintain the minimum spacing of driveways.
(2) When a parcel of property is located where there is no existing service road, but a service road is planned, and the planned use of the subject property is incompatible with existing uses of adjoining properties, (such as, single-family residential), or the development of abutting properties is not anticipated, making a joint-use driveway undesirable, a temporary driveway with direct access to the arterial or collector street, or, in the case of a corner parcel, to the collector or facility (if not an arterial) that intersects the collector street, will be allowed, provided that:
(a) Access rights shall be dedicated to the city, and
(b) The necessary cross-access easement for the planned service road shall be conveyed to the city; and
(c) When the use of an adjoining property changes to a compatible use, a joint-use driveway shall be provided by the owners of the subject property jointly with the owners of the adjoining property which use has changed, at a location approved by the City Commission, and the temporary driveway discontinued (if not used as the joint-use driveway); or
(d) When the use of two or more adjoining properties changes to compatible uses, a service road, fronting the subject properties, shall be provided by the owners of the subject properties, and the necessary cross-access easement for the service road conveyed to the city, and access to the subject properties shall be from the service road only; and the service road shall access the arterial collector, or facility (if not an arterial) intersecting the arterial or collector, at a location approved by the City Commission.
(3) When a parcel of property is located where there is an existing service road to the adjoining properties, an extension of the service road, fronting the subject property, shall be provided by the owners of the subject property and the necessary cross-access easement for the service road conveyed to the city and access to the subject property shall be from the service road only and the service road shall access the arterial or collector or a facility (if not an arterial) intersecting the arterial or collector at a location approved by the City Commission.
(D) Properties with 300 or more linear frontage feet.
(1) Properties fronting on collector or arterial streets with 300 or more linear frontage feet where there are existing or planned service roads shall have the same requirement as properties, with less than 300 linear frontage feet.
(2) Properties fronting on arterial or collector streets with 300 or more linear frontage feet where there are no existing or planned service roads shall have the spacing of adjacent driveways regulated as listed under spacing. If those spacing requirements cannot be met, joint-use driveways shall be required as listed under joint use driveways.
(Ord. 241, passed 11-27-85; Am. Ord. 640, passed 6-3-93) Penalty, see § 23