(a) Application Procedure.
(1) All driveway approaches and curb cuts are subject to the regulations in this chapter.
(2) Determination of Application Procedure. Any owner or subdivider intending to apply for the placement of a new roadway, driveway approach, or curb cut within the City shall first inquire of the Engineering Division as to the type of application procedure required. The Engineering and Environmental Services Director shall consider street classification, access type, configuration of the access point, and the zoning of the property in order to determine that either a right-of-way permit is required, or that the application for such roadway, driveway approach or curb cut shall be submitted as part of the subdivision process, a site plan process, or as part of the PUD process.
(3) Right-of-Way Permit. If, according to division (b) of this section, the Engineering and Environmental Services Director determines that a permit to work in the right-of-way is required, such permit shall be filed according to that chapter.
(b) No person, corporation or firm shall construct a driveway approach connecting to a public street or right-of-way, or cut, break out or remove any curb along any street or other public way without first obtaining a permit. Applications for such curb cut permits shall be made in the Engineering Division, according to the application procedures in this chapter. The Engineering and Environmental Services Director or his or her designate may require such construction plans or drawings with the permit application as he deems necessary to:
(1) Permit all reviewing authorities to make an intelligent and conclusive review of the application;
(2) Enable the contractor to construct the proposed facility in accordance with the terms of the permit;
(3) Enable the individual responsible for inspection to ensure that the facility is constructed in accordance with the terms of the permit; and
(4) Serve as a record of the construction authorized by the permit.
(c) The Engineering and Environmental Services Director may impose conditions in the permit upon the construction of the driveway approach/curb cut, which conditions are designed to facilitate the safe movement of pedestrian traffic and the safe and expeditious movement of motor vehicles on the public streets or ways affected by the driveway approaches/curb cuts. The conditions imposed upon driveway approaches/curb cuts under this section shall take into consideration the designed speed limit and sight distance at the location and may include, but are not limited to, the following:
(1) Limitations of the number, size and location of driveway approaches/curb cuts for any premises to which the permit applies;
(2) Requiring the use of alternative means of access such as service or private drives or frontage roads, to run parallel to the public street or way, rather than direct connection to the public street or way where such alternate means are accessible to the premises to which the permit applies and/or requiring that direct connection of driveway approaches/curb cuts to the public street or way be limited and used only until alternative means of access such as service or private drives or frontage roads are made accessible to the permit premises;
(3) Limiting the construction of driveway approaches/curb cuts to only one public street or way where the premises to which the permit applies abuts more than one public street or way;
(4) Requiring that driveway approaches/curb cuts be marked and/or constructed to allow only entrance to or only exit from the permit premises;
(5) Requiring the construction of safety islands to separate two driveway approaches/curb cuts;
(6) Requiring the construction of right hand and/or left hand deceleration/ acceleration and/or storage lanes, which shall be required to be a minimum of 200 feet each way with a 100-foot taper, or longer as determined by the Traffic Impact Study. Such lanes may be permitted to be decreased, based on the physical conditions, characteristics and use of the property. Such lanes shall meet the requirements of the Manual of Design and include the appropriate traffic control devices, including, but not limited to, signals, as necessary;
(7) Requiring the construction of driveway turnaround facilities so that vehicular traffic can change direction on the permit premises and enter the roadway in a forward direction;
(8) Requiring the consolidation of access points. Major access points on opposite sides of roadways shall be located opposite each other. If not so located, turning movement restrictions may be imposed as determined necessary by the Engineering and Environmental Services Director. In addition, in order to maximize the efficient utilization of access points, access drives shall be designed, located, and constructed in a manner to provide and make possible the coordination of access with and between adjacent properties developed (present or future) for similar or compatible uses. As a condition of approval for construction, use, or reuse of any access point, the Engineering & Environmental Services Director may require that unobstructed and unencumbered access, in accordance with the provisions of this chapter, be provided from any such access point to adjacent properties;
(9) Requiring the consolidation of existing access points. Whenever the use of a parcel of land changes, or two or more parcels of land are assembled under one purpose, plan, entity, or usage, the existing driveway permits shall become void and the new permit shall be based upon the owner/developer's plans to use some existing driveways and/or close or relocate other driveways. Any such new or reauthorized access point must be in compliance with all applicable sections of this regulation.
(d) The conditions for the construction of driveway approaches/curb cuts specified by the Engineering and Environmental Services Director under this chapter shall be provided in writing to the applicant at the time the permit is issued.
(e) The Engineering and Environmental Services Director may require a bond from the applicant or property owner to assure compliance with the conditions imposed.
(f) In any case in which an application for a building permit includes a change in the primary use of the premises, or in any case in which there is construction, reconstruction, enlargement or expansion for larger and essentially commercial construction which must comply with the formal administrative procedures for a zoning certificate, the existing driveway approaches/curb cuts for the premises may be reviewed in accordance with the provisions of this chapter.
(g) The Engineering and Environmental Services Director may establish general conditions applicable to the construction of all driveway approaches/curb cuts for premises within specific land use categories.
(h) When a proposed driveway approach/curb cut or any facilities required to be constructed in conjunction with any driveway approach/curb cut interferes with street light poles or posts, traffic signal standards, signs, storm water inlets, hydrants, utility poles, fire alarm supports, underground ducts or pipes, drainage facilities or other necessary street structures, the owner of the parcel of land served by the driveway approach/curb cut shall pay the expense of moving and/or altering such structure as determined to be necessary by the Engineering and Environmental Services Director.
(i) Proposed driveway approaches and curb cuts or improvements to existing driveway approaches and curb cuts shall comply with the Street Master Plan, the design and improvement standards under the Manual of Design, and with the purpose and restrictions of the Zoning Ordinance before a permit is issued. Whenever a driveway approach and/or curb cut or improvements to existing driveway approaches and/or curb cuts embraces any part of a roadway, such part of the public way shall be platted by the owner or subdivider in the location and at the width indicated by the aforementioned documents.
(Ord. O2007-24, passed 3-20-2007)