(A) Applicability. This chapter shall apply to all public streets within the city and to all properties that abut these streets.
(B) Access permit. Access to a public street may require an access permit in accordance with the following procedures:
(1) Permits for access to city streets shall be subject to review and approval by the city based on the standards and provisions of the most recent applicable ODOT/APWA standards and/or specific city standards. An access permit may be in the form of a letter to the applicant, or it may be attached to a land use decision notice as a condition of approval.
(2) Permits for access to the state highways shall be subject to review and approval by the State Department of Transportation (ODOT) except when ODOT has delegated this responsibility to the city. In that case, the city or county shall determine whether access is granted based on its adopted standards.
(3) Permits for access to county highways shall be subject to review and approved by county roads, except where the county has delegated this responsibility to the city in which case the city shall determine whether access is granted based on adopted county standards.
(C) Conditions of approval. The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing into a public street.
(D) Access methods. When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities and the like), access shall be provided by one of the following methods (a minimum of ten feet per lane is required). A developer/subdivider may use one of the following methods unless the city requires a specific method:
(1) Access is from an existing or proposed alley or mid-block lane. If a property has access to an alley or lane, direct access to a public street is not permitted;
(2) Access is from a private street or driveway connected to an adjoining property that has direct access to a public street (i.e., "shared driveway"). A public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the private street/drive; and
(3) Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards.
(E) Subdivisions fronting onto an arterial street. New residential divisions fronting onto an arterial street shall be required to provide alleys or secondary (local or collector) streets for access to individual lots. When alleys or secondary streets cannot be constructed due to topographic or other physical constraints, access may be provided by consolidating driveways for clusters of two or more lots (e.g., includes flag lots and mid-block lanes).
(F) Double frontage lots.
(1) (a) When a lot has a frontage onto two or more streets, access shall be provided first from the street with the lowest classification.
(b) For example, access shall be provided from a local street before a collector or arterial street.
(c) Except for corner lots, the creation of new double-frontage lots shall be prohibited in the residential district, unless topographic or physical constraints require the formation of the lots.
(d) When double-frontage lots are permitted in the residential district, a landscape buffer with trees and/or shrubs and ground cover not less than ten to 20 feet wide shall be provided between the back yard fence/wall and the sidewalk or street; maintenance shall be assured by the owner (i.e., through the homeowner's association and the like).
(2) Other sections and ordinances may require buildings placed at or near the front property line and driveways and parking areas oriented to the side or rear yard. The city may require the dedication of public right-of-way and construction of a street (e.g., frontage road, alley or other street) when the development impact is proportionate to the need for a street.
(G) Access spacing. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures.
(1) Local streets. A minimum of 50 foot separation as measured from the sides of the driveway/street shall be required on local streets (i.e., streets not designated as collectors or arterial), except as provided in division (G)(3) below.
(2) Arterial and collector streets. Access spacing on collector and arterial streets shall be determined by the city.
(3) Special provisions for all streets.
(a) Direct street access may be restricted for some land uses.
(b) For example, access consolidation, shared access and/or access separation greater than that specified by divisions (G)(1) and (2) above may be required by the city, county or ODOT for the purpose of protecting the functions, safety and operation of the street for all users (see driveway openings).
(c) Where no other alternatives exist, the permitting agency may allow construction of an access connection along the property line farthest from an intersection.
(d) In such cases, directional connections (i.e., right in/out, right in only or right out only) may be required.
(H) Number of access points.
(1) (a) One access point is permitted per lot for single-family (detached and attached), two-family, and three-family housing types, when alley access cannot otherwise be provided.
(b) Two access points may be permitted for two-family and three-family housing on corner lots (i.e., no more than one access per street), subject to the access spacing standards in access spacing.
(2) (a) The number of street access points for multiple-family, commercial, industrial and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users.
(b) Shared access may be required, in conformance with the shared driveways division, in order to maintain the required access spacing, and minimize the number of access points.
(I) Shared driveways.
(1) The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible.
(2) The city shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes.
(3) Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways are required, they shall be stubbed to adjacent developable parcels to indicate future extension.
(4) Access easements (i.e., for the benefit of affected properties) shall be recorded for all shared driveways, including pathways, at the time of final plat approval. (Ref. Private Road Maintenance and Access Agreement-Subdivision Ordinance).
(5) (a) Shared driveways are not required when existing development patterns or physical constraints (e.g., topography, parcel configuration and similar conditions) prevent extending the street/driveway in the future.
(b) Cul-de-sacs may be required.
(J) Street connectivity and formation of blocks. In order to promote efficient vehicular and pedestrian circulation throughout the city, land divisions and large site developments shall produce complete blocks bounded by a connecting network of public and/or private streets, in accordance with the following standards:
(1) Block length and perimeter shall conform to city standards and policies;
(2) Public and private streets shall conform to city standards; and
(3) Exceptions to the above standards may be granted by the city.
(K) Driveway openings and street cuts. Driveway openings (or curb cuts) and street cuts shall conform to the most recent ODOT/APWA standards and/or specific city standards, and approved by the city. A permit will be required to perform all work within the public right-of-way.
(L) Fire access and parking area turn-around. A fire equipment access drive shall be provided for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive. Parking areas shall provide adequate aisles or turn-around areas for service and delivery vehicles so that all vehicles may enter the street in a "forward manner".
(M) Vertical clearances. Driveways, private streets, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13 feet, six inches, for their entire length and width.
(N) Vision clearance. No signs, structures or vegetation in excess of three feet in height shall be placed in "vision clearance areas", as shown in Figure 95-4 below. The minimum vision clearance area may be increased by the city upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment and the like).
(O) Construction. The following development and maintenance standards shall apply to all driveways and private streets, (except that the standards do not apply to driveways serving one single-family detached dwelling):
(1) Surface options. Driveways, parking areas, aisles, and turnaround may be paved with asphalt, concrete or comparable surfacing or a durable non-paving material may be used to reduce surface water runoff and protect water quality. Paving surfaces shall be subject to review and approval by the city.
(2) Surface water management. When a paved surface is used, all driveways, parking areas, aisles and turn-around shall manage surface water as approved by the city to eliminate sheet flow of such waters onto public rights-of-way and abutting property. Surface water facilities shall be constructed in conformance with the most recent ODOT/APWA standards and/or specific city standards.
(3) Driveway aprons. When driveway approaches or "aprons" are required to connect driveways to the public right-of-way, they shall conform to the most recent ODOT/APWA standards and/or specific city standards.
(Ord. 223, passed 11-18-2004)