(A) Generally. A permit shall not be issued for the new construction of any sidewalk, curb and gutter or driveway within the limit of any street or alley in the city, unless the grades, plans, and specifications for such new construction are filed in the office of the City Engineer, and are in full compliance with the following regulations for construction, copies of which are available at the office of the City Engineer. The City Engineer will review all plans for new construction to ensure the ingress/egress at proposed curb cut locations will not cause any negative effects on traffic conditions. Final approval for the issuance of all curb cut permits shall be at the discretion of the City Engineer.
(B) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BUSINESS DRIVEWAY. A driveway providing access to property in areas zoned for business (B and CBD), to institutional and public recreation facilities permitted in areas zoned residential (R-1), and to multi-family structures in excess of eight units.
CURB CUT. The lowering of the normal height of a curb within a certain area for ease of entrance and exit of vehicles from private property.
DRIVE WIDTH. The distance measured along the right-of-way line from one edge of the driveway to the other, parallel to the curb line or edge of pavement.
DRIVEWAY. Any area constructed within a public right-of-way, connecting a public roadway with private property for the purpose of access by motor vehicles.
INDUSTRIAL DRIVEWAY. A driveway providing access to property in areas zoned industrial (I-1 and I-2).
RESIDENTIAL DRIVEWAY. A driveway providing access to private property in areas zoned residential (R-1AA, R-1A, R-1, R-2 and R-3), except driveways for multi-family structures in excess of eight units.
(C) Permits and fees. No driveway or curb cut shall be constructed, enlarged, or relocated until a permit is issued by the City Engineer, who shall review the permit request and approve or disapprove the request within five working days. Traffic and pedestrian safety shall constitute a primary factor in reviewing such requests. The fees for driveway or curb cut permits are as follows:
(1) Residential: $20
(2) Business: $30
(3) Industrial: $30
(4) Special: $50
(D) Construction. All driveway and curb construction shall conform to the standards as established by the city. All driveways shall be a minimum of 10 feet wide and a maximum of 24 feet for residential, 36 feet for business and 46 feet for industrial driveways.
(E) General restrictions.
(1) All driveways shall be flared on each side a distance of one foot for each two feet of distance between the front of the sidewalk and the curb line.
(2) Driveways shall be constructed at a 90-degree angle to the curb line.
(3) No driveway entrance shall interfere with municipal facilities such as street lights, traffic signs and signals, catch basins, hydrants, crosswalks, utility poles, underground pipe or duct, or other necessary structures. Arrangements shall be made with the proper authorities concerning these facilities before a permit will be issued.
(4) At a property line with an adjacent property or alley, no part of the curb opening or flare for a driveway shall extend beyond the property line projected at right angles to the curb line.
(5) No driveway shall be nearer to the side or rear yard property line than three feet except in R-2 and R-3 districts, where adjacent properties may share a common drive, in which case the driveway may be zero feet from the property line.
(6) At intersections, a distance of not less than 35 feet shall be left between the near edge of the driveway and the curb line of the crossroad extended, but in no case shall the undisturbed curb length between the near edge of the driveway and the point of curvature of the intersection curb return radius be less than 15 feet.
(7) A curb length of not less than ten feet shall be left undisturbed between adjacent driveways on the same property, and not less than three feet of undisturbed curb length shall remain between driveways on adjacent properties.
(F) Maximum number of driveways per lot.
(1) Lots with 50 feet frontage or less: 1 driveway
(2) Lots with 51 - 100 feet frontage: 2 driveways
(3) Lots with more than 100 feet frontage: 2 driveways plus 1 driveway for each additional 100 feet of lot frontage.
(4) In no case shall total sum of the drive widths of all driveways on a lot exceed 45% of the total lot frontage.
(G) Special driveways.
(1) Special driveways are those driveways that do not meet the standard driveway criteria, including, but not limited to, oversized driveways, driveways with curved returns, multiple driveways, and driveways not meeting required setback or undisturbed curb length separation distances.
(2) Requests for special driveways shall be submitted to the Board of Zoning Appeals for review. The City Engineer shall review all requests for special driveways and make comments to the Board of Zoning Appeals in writing. The fee for appearance before the Board shall be included in the $50 fee for special driveways and curb cuts, and shall be non-refundable. No additional variance request fee shall be required.
(H) Appeals. When any person seeks relief from a decision of the City Engineer, he or she may appeal in writing to the Board of Zoning Appeals within 15 days of his or her receipt of the decision. The Board of Zoning Appeals shall schedule a hearing and shall by majority vote affirm, annul, or modify the decision of the City Engineer. Further recourse shall be had through legal procedures.
(‘97 Code, § 93.02) (Ord. C-91, passed 4-20-31; Am. Ord. 78-79, passed 12-3-79; Am. Ord. 8-18, passed 4-17-18) Penalty, see § 10.99
Cross-reference:
Improvements and assessments, see Charter sections 91 et seq.
Statutory reference:
General provisions concerning municipal streets, see R.C. §§ 723.01 et seq.