Chapter 12.25
DRIVEWAYS, CURBS, AND SIDEWALKS

Sections:

12.25.010    “Driveway” defined; width and separation of driveways.

12.25.020    Replacement of curb and sidewalk at abandoned driveways.

12.25.030    Maintenance and repair of sidewalks.

12.25.040    Liability for personal injury and property damage.

12.25.010 “Driveway” defined; width and separation of driveways.

(a) “Driveway” defined. Any approach to and from the street over or upon the curbing or parking and/or planting strips, or sidewalk area, or [for] the purposes of a driveway and that portion of the sidewalk directly fronting upon such approach from the street is hereby defined as a driveway.

(b) Width and separation of business and industrial driveways. No driveway, measured from the top of curb between outside edges of the ramp tops, shall be of greater width than 50 percent of the actual lot frontage on any one street. No driveway shall be more the 38 feet in width between the bottoms of the ramps at the ends of the driveway where the speed limit on the street abutting is 25 miles per hour or less, or more than 48 feet between the bottoms of ramps at the ends of the driveway where the speed limit on the street abutting is 35 miles per hour or more. In case of more than one driveway in front of any property, the total width, as defined above, of all driveways shall not exceed the 50 percent frontage hereinbefore mentioned, and there shall be 20 feet, or a multiple thereof, of standard curb, gutter, and sidewalk between such driveways. No driveway shall be less than 33 feet in width between the bottoms of ramps at the ends of the driveway.

(c) Width residential driveways. Single driveways shall not be less than 12 feet in width and double driveways shall not exceed 28 feet in width between the bottoms of the ramps at the end of the driveways.

(d) Modification of requirements. Notwithstanding the driveway standards imposed under subsections (b) and (c) of this section, the City Engineer may modify such standards provided he first makes the following findings:

(1) That the land area to which the driveway will provide ingress and egress will be more adequately served, from a traffic standpoint, by a driveway, the standards for which are different from those set forth under either subsection (b) or (c) of this section;

(2) That the public safety would not suffer because of any modification of said driveway standards;

(3) That sound engineering practices dictate a modification of said standards.

(e) Appeal. Any person dissatisfied with any action taken by the City Engineer under this article may appeal to the City Council in accordance with Title 2 of this Code.

(Code 1965, § 7500; Code 2002, § 90-341. Ord. No. 826; Ord. No. 845)

Cross references: Definitions generally, § 1.05.100.

12.25.020 Replacement of curb and sidewalk at abandoned driveways.

(a) Abandoned driveways: Any driveway for which there is no immediate reasonable use as such, or where the use or condition of the abutting property has been so changed that the driveway is no longer needed.

(b) Any such abandoned driveway shall be removed and replaced with standard curb, gutter, and sidewalk to fit the existing line and grade of adjacent standard curb, gutter, and sidewalk, within 30 days after the driveway has become abandoned.

(c) Any driveway abandoned, as above defined, and not removed or reconstructed within 30 days after its abandonment shall justify the city in removing the driveway and replacing the same with standard curb, gutter, and sidewalk.

(Code 1965, § 7501; Code 2002, § 90-342. Ord. No. 234)

12.25.030 Maintenance and repair of sidewalks.

The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefore. Maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property owners or persons using the sidewalk in a reasonable manner and in a condition which will not interfere with the public convenience and use of said sidewalk area.

(Code 2002, § 90-343. Ord. No. 07-7)

12.25.040 Liability for personal injury and property damage.

The property owner required by section 12.25.030 to maintain and repair the sidewalk area shall owe a duty of care to the members of the public to keep and maintain this sidewalk area in a safe and non-dangerous condition. If, as a result of a failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by section 12.25.030, any person suffers injury or damage to personal property, the property owner shall be liable to such person for the resulting damage or injury.

(Code 2002, § 90-344. Ord. No. 07-7)