No person shall contract or permit to be constructed on property owned, leased or controlled by him/her any new driveway or other new point of ingress or egress to a public street within the City of Ontario that does not comply with the following requirements:
(a) Driveway Standards.
(1) In the R Residential Zoning District, only one (1) driveway opening shall be permitted per lot, except that lots improved with a two-family dwelling containing non-contiguous garages may have two driveways. Additional driveway openings may be permitted if they are no closer than seventy-five feet (75') from the property line and are located at least one hundred fifty feet (150') from other existing driveways. Each driveway shall not exceed twenty-four feet (24') in width measured at the right-of-way line. No curb cut shall exceed twenty-eight feet (28'). (Ord. 08-37. Passed 10-2-08.)
A. A residential drive shall have a minimum width of sixteen feet at the curb and ten feet at the back of sidewalk. The drive section between the curb and sidewalk shall be a minimum of: six inch cement concrete, or approved equal; or six inch stabilized crushed aggregate, or approved equal plus two and one-half inches asphalt surface or approved equal. The drive section between the sidewalk and the garage shall be a minimum thickness of four inch cement concrete, or approved equal; or six inch stabilized crushed aggregate or approved equal plus two and one-half inches asphalt surface, or approved equal. (Ord. 16-37. Passed 12-7-16.)
(2) In areas zoned for office, business or industrial use one (1) driveway opening shall be permitted per lot. Additional driveway openings may be permitted if they are no closer than seventy-five feet (75') from the property line and are located at least one hundred and fifty feet (150') from other existing driveways. Each driveway shall be no less than twenty-four feet (24') or more than thirty-six feet (36') wide measured at the right-of-way line, unless directed by the City Engineer. Radii or tapers shall not be less than fifteen feet (15').
(3) All driveways shall be located in accordance with the generally accepted traffic engineering standards set forth by the Ohio Department of Transportation.
(4) All driveways shall be designed to complement and not interfere with the drainage along any public street or highway.
A. Driveways on streets with no curb and gutter:
1. Driveways shall match the edge of pavement elevation and must slope away from the edge of pavement at least four feet (4’) at a minimum rate of 3/16” per foot.
2. The driveway shall provide culverts. The minimum diameter of the culvert shall be twelve inches (12”).
B. Driveways on streets with curb and gutter:
1. Driveways may drain to the street.
2. The driveway, at the edge of pavement, shall be a minimum of one inch (1”) and a maximum of two inches (2”) above the edge of pavement elevation.
(5) A. No curb shall be changed or removed in conjunction with the construction of a driveway or point of access to a public street, and no driveway, or point of access to a public street or public street right-of-way, shall be installed or modified without first having a permit from the City Service/Safety Director. This section shall not apply when the work is done by the City of Ontario, or under a contract administered by the City, or when the curb cut or new access is made with respect to property for which a site plan has been approved by the Planning Commission.
(Ord. 08-37. Passed 10-2-08.)
B. All newly installed driveways shall be concrete or paved asphalt as specified above from curb to building as of the effective date of this ordinance.
(6) Temporary Driveways. The placement and opening of temporary driveways onto a public street shall be reviewed and approved by the Service-Safety Director as part of the approval of the site plan.
(Ord. 16-37. Passed 12-7-16.)
(b) Maintenance and Repair.
(1) Responsibility. The City shall not be charged with the new installation of any driveway for the benefit of private property, nor shall the City be charged with the care, control, maintenance or repair of any private driveway even though this driveway may be in whole or in part on the public street right-of-way.
(2) Permissive improvement. The City may, through the Street Department or by contract, improve a portion of a private driveway within the street right of way and/or easement as part of repair or improvement work in the street right of way.
(Ord. 08-37. Passed 10-2-08.)
(Ord. 08-37. Passed 10-2-08.)
(3) Repair and replacement standards. The repair or replacement of a driveway within the street right-of-way shall be subject to the requirements of this chapter.
A. When an existing driveway is being improved with new concrete or asphalt and no changes in the right-of-way are being made, a permit will not be required.
B. When an existing driveway is being improved and there are changes to the width of the driveway in the right-of-way, a driveway permit will be required and issued at no charge after approval from the Service-safety Director.
C. Any time a new driveway with or without a curb cut in a residential district or any type of business district is proposed, a driveway permit and fee will be required before any work may begin on the driveway. Upon issuance of the approved permit from the City Service-safety Director, work may begin.
(Ord. 16-37. Passed 12-7-16.)
(4) Inspection of work. All work within the street right of way shall be subject to inspection by the City during its performance and upon its completion.
(Ord. 08-37. Passed 10-2-08.)
(c) Application Procedures.
(1) An application shall be filed with the City Zoning Inspector for a driveway opening. The application shall contain the following information:
(Ord. 16-37. Passed 12-7-16.)
A. Name, address and phone number of the owner, applicant and contractor.
B. Location of the work area.
C. Attached plans showing details of the proposed alterations.
D. Such other information as the City Service-Safety Director shall find reasonably necessary to make a determination of whether a permit should be granted hereunder.
(2) The City Service-Safety Director shall issue a driveway opening permit when it is determined that:
A. The plans for the proposed construction of a driveway opening have been approved by the City Engineer. The City Service-Safety Director shall forward the proposed driveway construction plans to the City Engineer within a reasonable time after receipt thereof;
B. The work shall be completed according to the standard specifications of the City for public work of like character;
C. The construction will not unreasonably interfere with vehicular or pedestrian traffic, the demand or necessity for parking spaces, and the means of ingress or egress to and from the lot affected and adjacent lots;
D. The health, safety and welfare of the public will not be unreasonably impaired; and,
E. The construction plans show that the existing surface water drainage shall be maintained or improved upon.
(Ord. 08-37. Passed 10-2-08.)
(d) Inspection of Work. Upon receipt of a permit, the City Service-Safety Director or whomever he or she may designate reserves the right to inspect upon completion.
(e) Expiration of Driveway Opening Permit. A driveway opening permit shall expire if not completed before occupancy according to Section 1145.07 driveways, and a new driveway opening permit shall be required before commencing construction or completing the work.
(Ord. 16-37. Passed 12-7-16.)
(Ord. 16-37. Passed 12-7-16.)
(f) Violation. Whoever fails to obtain a driveway opening permit as required under this Section or otherwise violates any provision of this Section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day on which a violation occurs or continues.
(Ord. 08-37. Passed 10-2-08.)