Curb-cuts and driveways shall be located only upon the approval of the City and the appropriate County and State authorities as required by law; provided, however, such approval shall not be given where such curb-cuts and driveways shall cause an unreasonable increase in traffic hazards including, but not limited to, allowing adequate sight distance for ingress and egress.
(a) All plans for new, modified or replacement driveways shall require a zoning permit from the City prior to the start of any construction. Applications for driveways shall indicate the location and dimensions of the drive on either a site plan or a plot plan.
(b) All driveways shall meet the following standards:
(1) No permit shall be issued unless such driveways access is onto a public or private street or alley.
(2) Corner lots shall take their access from the street that presents the least hazard in the opinion of the Planning and Zoning Administrator.
(3) Culverts shall be installed in line with and at the same grade as the road ditch in the event there is no storm sewer system.
(4) Drives shall enter perpendicular to the existing public-street or private road.
(5) No portion of the driveway entrance within the right-of-way shall have a grade of greater than ten percent (10%) (one (1) foot vertical rise in ten (10) feet of horizontal distance).
(6) The driveway shall meet the clear vision standards of this Zoning Code.
(7) No portion of a driveway shall be closer than five (5) feet to a side or rear property line unless an authorized waiver (on file in the Planning and Zoning office) is provided indicating the permission from the adjoining property owner or if a waiver cannot be obtained a variance from the Board of Zoning Appeals can be sought.
(8) All portions of a driveway on private property shall be constructed of concrete, asphalt driveway pavers or similar dustless surface. In those instances where driveway pavers are utilized, a six (6) inch compacted depth of fine grade sand or screenings on top of six (6) inches of #411 stone shall be used for a total of twelve (12) inches of compacted base.
(9) Any portion of a driveway within the public right-of-way shall be constructed of six (6) inch plain concrete on a four (4) inch stone base or two (2) inch asphalt on a four (4) inch stone base. Pavers are not permitted.
(10) Concrete driveways shall require expansion joint to fully separate curbs and sidewalks in accordance with Section 1022.15
(11) The location of new driveways shall conform to road improvement plans or corridor plans that have been adopted by the City, Wood County, or Ohio Department of Transportation.
(12) All driveways shall continue at full width across the private property line to a main structure or an accessory structure located on the private property.
(13) All driveways are required to have a plain six (6) inch thick concrete sidewalk installed through the driveway and extending one (1) foot on each side of the driveway that is physically separated from the driveway by expansion joint.
(c) Residential Driveways. In addition to Section 1250.51(b), residential driveways shall also meet the following standards:
(1) Residential driveways shall be a minimum of fifty (50) feet from the nearest right-of-way line of an intersecting road or street, unless waived by the City.
(2) Residential driveways shall be a minimum of ten (10) feet wide and a maximum of twenty four (24) feet wide where it meets the curb, alley or street.
(3) Only one (1) access/curb-cut onto a public street shall be permitted.
(4) No driveway shall serve more than one (1) single family dwelling.
(5) The total area of a driveway shall not exceed thirty-five percent (35%) of the area of the front yard located on private property.
(d) Commercial Driveways. In addition to Section 1250.51(b), commercial driveways shall also meet the following standards:
(1) Vehicle ingress and egress points shall not be closer than one-hundred (100) feet to the intersection of any two (2) public streets, or closer than eighty (80) feet to an adjacent driveway within a commercial or industrial district.
(2) New driveways shall align with existing or planned driveways, where reasonable and practical. This shall only be required if the resulting alignment provides safe access and if all other requirements of this Zoning Code are met.
(3) No driveways providing access to nonresidential uses and structures shall cross residentially zoned property.
(4) Commercial driveways shall be a maximum of thirty-five (35) feet wide where it meets the curb, alley or street unless waived by the City Engineer after determining additional width is necessary to navigate the turn.
(e) Existing Non-conforming Driveways.
(1) A residential driveway is considered non-conforming if any of the following conditions exist:
A. The driveway has a width greater than twenty-four (24) feet where it meets the street or alley.
B. The driveway coverage area exceeds thirty-five percent (35%) of the front yard.
C. The driveway has more than one (1) access point or curb cut to a street or alley.
D. The driveway is constructed of a material other than asphalt, concrete or impervious pavers.
E. The driveway is closer than five (5) feet to a side or rear property line.
(2) If an existing non-conforming residential driveway is being replaced, the Planning and Zoning Division must perform an on-site inspection of the driveway to be replaced and document the dimensions of the current driveway prior to it being removed. Failure to allow for this on-site, pre-inspection of a non-conforming driveway shall require the new driveway to conform to all current requirements. In the event that an existing driveway is found to be in conflict with Section 1250.51(c)(1) the driveway shall not be permitted to be replaced in its existing location and must conform to all current requirements.
(f) Inspection. The City shall inspect all finished driveway work for compliance with applicable codes.
(g) Repair and Maintenance. Repair and maintenance of existing pavement shall be encouraged. For the purposes of these requirements repair and maintenance work shall be exempt from the permitting requirements of this code section providing that the work is limited to the following:
(1) Seal coating of existing asphalt.
(2) Removal and replacement of ten percent (10%) or less of the existing area of the surface.
(3) Leveling of an existing surface.
(4) Filling pot holes or repairing areas around drainage structures.
(h) Variances. Regarding driveways, the jurisdiction of the Board of Zoning Appeals shall be limited to chapter sections; 1250.51(b)(7), 1250.51(c)(2), 1250.51(c)(3), and 1250.51(c)(5). Only these subsections may be appealed to the Board of Zoning Appeals. Any appeal shall be treated as a variance and shall be subject to the requirements of Section 1275.02(c).
(i) Temporary Waiver. Regarding driveways, the City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall have limited jurisdiction to authorize a temporary waiver from the strict application of Section 1250.51(b)(13). Through this temporary waiver, the City of Perrysburg would agree to waive the sidewalk requirement for a new driveway until such time when sidewalks are installed in the subdivision or across the property. At that time of sidewalk installation, the owner(s), or their successors and assigns, shall agree to install sidewalks through the driveway at the property owner's expense to conform to the sidewalk requirements of the City.
(1) The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall have the power to authorize a temporary waiver from the strict application of the provisions of this Zoning Code where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property or subdivision, the strict application of the regulations enacted would result in practical difficulties to the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Zoning Code. The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall state the grounds upon which it justified the granting of a temporary waiver.
(2) The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall grant such temporary waivers only if they find that at least three (3) of the following four (4) conditions [A. through D.] exist:
A. The property or subdivision in question contains exceptional topographic conditions or other extraordinary or exceptional conditions.
B. The essential character of the neighborhood would not be altered nor would adjoining properties suffer a substantial detriment as a result of the temporary waiver.
C. The temporary waiver would not adversely affect the delivery of governmental services.
D. The spirit and intent of this Zoning Code would be observed and substantial justice would be done by granting the temporary waiver.
(3) If a temporary waiver is granted, the Owner of the property, at the Owner's Sole Expense shall file a record of the temporary waiver with the Wood County Recorder's Office. No construction shall occur prior to the recording of the temporary waiver with the Wood County Recorder's Office and proof of said recording being submitted to the Planning and Zoning Division of the City of Perrysburg. If the Owner of the property fails to record the temporary waiver or provide proof of the recording to the City, the waiver shall be deemed invalid and the Owner shall strictly comply with all aspects of the Zoning Code. All temporary waivers shall run with the land and be binding upon all subsequent owners, their successors and assigns and shall be in place until such time when sidewalks are installed in the subdivision or across the property. (Ord. 52-2024. Passed 7-2-24.)