Chapter 17.84
ACCESS, EGRESS, AND CIRCULATION

Sections:

17.84.010    Purpose.

17.84.020    Applicability and general provisions.

17.84.025    Applicability of provisions.

17.84.030    Joint access and reciprocal access easements.

17.84.040    Public street access.

17.84.050    Required walkway location.

17.84.060    Inadequate or hazardous access.

17.84.070    Minimum requirements – Residential use.

17.84.080    Minimum requirements – Commercial and industrial use.

17.84.090    Width and location of curb cuts.

17.84.100    One-way vehicular access points.

17.84.110    Director’s authority to restrict access.

17.84.120    Variances to access standards.

17.84.130    Administration and approval process.

17.84.140    Expiration of approval – Standards for extension of time.

17.84.150    Approval standards.

17.84.160    Application submission requirements.

17.84.010 Purpose.

The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. (Ord. 2875 § 1.116.010, 2003)

17.84.020 Applicability and general provisions.

(1) The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this code.

(2) The provisions and maintenance of access and egress stipulated in this code are continuing requirements for the use of any structure or parcel of real property in the city.

(3) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress, and circulation requirements are to be fulfilled.

(4) Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this code to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. (Ord. 2875 § 1.116.020, 2003)

17.84.025 Applicability of provisions.

(1) The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see SHMC 17.96.020), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements.

(2) Where the provisions of Chapter 17.96 SHMC, Site Development Review, do not apply, the director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter. No notice is required. The decision may be appealed as provided by Chapter 17.24 SHMC.

(3) The applicant shall submit a site plan which includes:

(a) The location of the structures on the property and on the adjoining property;

(b) The location of parking and loading areas and their dimensions;

(c) The location of the circulation area necessary to serve the spaces;

(d) The location of the access point(s) on the site and on the adjoining properties and on both sides of abutting streets within 200 feet of the subject site;

(e) The location of curb cuts on adjoining properties and on the subject site;

(f) The location and dimensions of all landscaping, including the type and size of plant material to be used, as well as any other landscape material incorporated into the overall plan;

(g) The proposed grading and drainage plans; and

(h) Specifications as to signs. (Ord. 2875 § 1.116.025, 2003)

17.84.030 Joint access and reciprocal access easements.

Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this code, provided:

(1) Satisfactory legal evidence shall be presented in the form of deeds, easements, leases, or contracts to establish the joint use; and

(2) Copies of the deeds, easements, leases, or contracts are placed on permanent file with the city. (Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.116.030, 2003)

17.84.040 Public street access.

(1) All vehicular access and egress as required in SHMC 17.84.070 and 17.84.080 shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis.

(2) Vehicular access to structures shall be provided to residential uses and shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units.

(3) Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances.

(4) Access to State Streets, Highways, and Interchanges. Access to a transportation facility under the jurisdiction of the Oregon Department of Transportation (ODOT) shall be subject to the requirements of OAR 734-051. ODOT’s current access spacing requirements for Highway 30 reflect the functional classification of Highway 30 as both a statewide highway and freight route. Table 17.84.040-1 illustrates the access spacing standards for public and private approaches along Highway 30 within St. Helens.

Table 17.84.040-1: Highway 30 Access Spacing Standards for Private and Public Approaches1

Posted Speed (miles per hour)

Minimum Space Required *(feet)

≤ 25

520

30 and 35

720

40 and 45

990

50

1,100

≥ 55

1,320

1    These access management spacing standards do not apply to approaches in existence prior to April 1, 2000, except as provided in OAR 734-051-0115(1)(c) and 734-051-0125(1)(c).

*    Measurement of the approach road spacing is from center to center on the same side of the roadway.

(5) Spacing Standards for Access to City Streets. The following are the minimum spacing requirements for access points and intersections for streets under the jurisdiction of the city of St. Helens.

 

Table 17.84.040-2: Access Spacing Standards on City Streets

Functional Classification

Public Street

(street-to-street) (feet)

Private Access Drive

(street-to-drive or drive-to drive) (feet)

Local Street

150

501

Collector

300

100

Minor Arterial

350 or block length

200 or mid-block

Major Arterial2

350 or block length

350 or block length

1 This applies to street-to-drive spacing only. There is no minimum spacing standard for access points (drive-to-drive) on local streets.

2 Access standards identified in the Oregon Highway Plan supersede this table on all state highways.

(6) Measuring Distance between Access Points. The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent roadway or driveway.

(7) Development Fronting onto an Arterial Street.

(a) New residential land divisions fronting onto an arterial street shall be required to provide secondary (local or collector) streets for access to individual lots. When 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).

(b) Nonresidential projects proposed on arterials shall include a frontage or service road and shall take access from the frontage or service road rather than the arterial. Frontage or service road design shall conform to applicable jurisdictional design standards. This access requirement may be met through the use of interconnecting parking lots that abut the arterial provided the necessary easements and agreements are obtained.

(8) Number of Access Points. All access points, including additional ones as noted below, are subject to the access spacing standards in subsection (5) of this section and all other provisions of this chapter. Specific standards based on use are as follows:

(a) For single-family dwellings, detached and duplexes, one street access point is permitted per lot/parcel except an additional (second) access point may be allowed when:

(i) The property is a corner lot/parcel and the additional access point is on the other street (i.e., one access per street).

(ii) The lot/parcel does not abut a street that provides any on-street parking on either side.

(b) For single-family dwellings, attached, one street access point is permitted per lot/parcel.

(c) The number of street access points for multiple dwelling unit residential, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the streets, bikeways, sidewalks, etc. for all users. Shared access may be required, in conformance with subsection (9) of this section, in order to maintain the required access spacing, and minimize the number of access points.

(9) Shared Driveways. 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. The city shall require shared driveways as a condition of land division or site development review, as applicable, for traffic safety and access management purposes in accordance with the following standards:

(a) Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. “Stub” means that a driveway or street temporarily ends at the property line, but may be extended in the future as the adjacent parcel develops. “Developable” means that a parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential).

(b) Reciprocal 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 or as a condition of site development approval.

(c) Exception. 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. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3181 § 4 (Att. C), 2015; Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.116.040, 2003)

17.84.050 Required walkway location.

(1) Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multibuilding commercial, institutional, and industrial complexes. Walkways also shall provide access to existing and planned transit stops adjacent to the development site. Unless impractical, walkways should be constructed between a new development and neighboring developments.

(2) Within all attached housing and multifamily developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities.

(3) Where a site for proposed commercial, institutional, or multifamily development is located within at least one-quarter mile of an existing or planned transit stop, the proposed pedestrian circulation system must include a safe and direct pedestrian walkway from building entrances to the transit stop or to a public right-of-way that provides access to the transit stop.

(4) In parking lots one acre or larger, pedestrian walkways shall connect from buildings to sidewalks in the adjacent rights-of-way, and shall be provided at least every 150 feet between rows of parking.

(5) Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards.

(6) Required walkways shall be paved with hard-surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways shall be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. (Ord. 3181 § 4 (Att. C), 2015; Ord. 3150 § 3 (Att. B), 2011; Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.116.050, 2003)

17.84.060 Inadequate or hazardous access.

(1) Applications for building permits shall be referred to the commission for review when, in the opinion of the director, the access proposed:

(a) Would cause or increase existing hazardous traffic conditions; or

(b) Would provide inadequate access for emergency vehicles; or

(c) Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare.

(2) Direct individual access to minor arterial streets from single detached or attached dwelling units and duplexes shall be discouraged. Direct access to major arterial streets shall be considered only if there is no practical alternative way to access the site.

(3) In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley or local street. (Ord. 2875 § 1.116.060, 2003)

17.84.070 Minimum requirements – Residential use.

(1) Vehicular access and egress for single-dwelling units, duplexes or attached single-dwelling units on individual lots, residential use, shall comply with the following:

RESIDENTIAL DWELLING USE
Figure 15 

Number Dwelling Units/Lot

Minimum Number of Driveways Required

Minimum/Maximum Access Width

Minimum Pavement Width

1 or 2

1

15'/24'

10'

3 to 6

1

24'/30'

20'

(2) Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code.

(3) Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus in accordance with the engineering standards of SHMC Title 18 and/or as approved by the fire marshal.

(4) Vehicle turnouts (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet) may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length.

(5) Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site.

(6) Vehicular access and egress for multiple-dwelling unit uses shall comply with the following:

MULTIDWELLING UNIT USE
Figure 16 

Dwelling Units

Minimum Number of Driveways Required

Minimum/Maximum Access Required

Minimum Pavement Sidewalks, Etc.

3 to 19

1

24'/30'

24' if two-way,

15' if one-way; curbs and 5' walkway required

20 to 49

1 or 2

24'/30'

24' if two-way,

15' if one-way; curbs and 5' walkway required

50 to 100

2

24'/30'

24' curbs and 5' walkway required

over 100

2 plus 1 additional driveway to a public street for every 200 units or portion thereof in excess of 100 units

 

 

(Ord. 3150 § 3 (Att. B), 2011; Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.116.070, 2003)

17.84.080 Minimum requirements – Commercial and industrial use.

(1) Vehicle access, egress and circulation for commercial and industrial use shall comply with the following:

COMMERCIAL AND INDUSTRIAL USE
Figure 17 

Required Parking Spaces

Minimum Number of Driveways Required

Minimum/Maximum Access Width

Minimum Pavement

0 to 100

1

30'/40'

24' curbs required

over 100

2

30'/40'

24' curbs required

over 100

1

40'/50'

40' curbs required

(2) Additional requirements for truck traffic or traffic control may be placed as conditions of site development review or conditional use permit. (Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.116.080, 2003)

17.84.090 Width and location of curb cuts.

Curb cuts shall be in accordance with SHMC 17.152.030(14). (Ord. 2875 § 1.116.090, 2003)

17.84.100 One-way vehicular access points.

Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. (Ord. 2875 § 1.116.100, 2003)

17.84.110 Director’s authority to restrict access.

(1) In order to provide for increased traffic movement on congested streets and to eliminate turning movement problems, the director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would:

(a) Cause or increase existing hazardous traffic conditions; or

(b) Provide inadequate access for emergency vehicles; or

(c) Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare.

(2) In order to eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The director shall require access easements between properties where necessary to provide for parking area connections.

(3) In order to facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses.

(4) A decision by the director may be appealed to the commission as provided by SHMC 17.24.310(1), Determination of appropriate reviewing body. (Ord. 2875 § 1.116.110, 2003)

17.84.120 Variances to access standards.

In all zoning districts where access and egress drives cannot be readily designed to conform to code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the commission may grant a variance to the access requirements of this chapter based on the standards set forth in SHMC 17.84.150. This does not apply to highway access. (Ord. 3189 § 2 (Att. A), 2015; Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.116.120, 2003)

17.84.130 Administration and approval process.

(1) The applicant for an access variance shall be the recorded owner of the affected property or an agent authorized in writing by the owner.

(2) A preapplication conference with city staff is required.

(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months:

(a) Another preapplication conference is required if an application is submitted six months after the preapplication conference; and

(b) Failure of the director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria, or requirements of the applications.

(4) The commission shall approve, approve with conditions, or deny any application for an access variance. The commission shall apply the standards set forth in SHMC 17.84.150 when reviewing an application for an access variance.

(5) The decision of the commission may be appealed in accordance with SHMC 17.24.310(1).

(6) The director shall mail notice of the decision to the persons who are entitled to notice in accordance with SHMC 17.24.120. (Ord. 3189 § 2 (Att. A), 2015; Ord. 2875 § 1.116.130, 2003)

17.84.140 Expiration of approval – Standards for extension of time.

(1) An access variance approval by the commission shall lapse if:

(a) Substantial construction of the approved plan has not begun within a one-and-one-half-year period; or

(b) Construction of the site is a departure from the approved plan.

(2) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:

(a) No changes are made on the original access variance plan as approved by the director;

(b) The applicant can show positive steps have been taken to initiate construction of the site within the one-year extension period; and

(c) There have been no substantial changes in the facts or applicable policies and ordinance provisions on which the approval was based.

(3) The decision of the director may be appealed as provided by SHMC 17.24.310(1). No notice of the director’s decision need be given. (Ord. 3189 § 2 (Att. A), 2015; Ord. 2875 § 1.116.140, 2003)

17.84.150 Approval standards.

The commission may approve, approve with conditions, or deny a request for an access variance based on findings that:

(1) It is not possible to share access;

(2) There are no other alternative access points on the street in question or from another street;

(3) The access separation requirements cannot be met;

(4) There are unique or special conditions that make strict application of the standards impractical;

(5) No engineering or construction solutions can be applied to mitigate the condition;

(6) The request is the minimum variance required to provide adequate access;

(7) The approved access or access approved with conditions will result in a safe access and will not result in the degradation of operational and safety integrity of the transportation system;

(8) The visual clearance requirements of Chapter 17.76 SHMC will be met; and

(9) No variance shall be granted where such hardship is self-created. (Ord. 3189 § 2 (Att. A), 2015; Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.116.150, 2003)

17.84.160 Application submission requirements.

(1) All applications shall be made on forms provided by the director and shall be accompanied by:

(a) Copies of site plan(s) (number to be determined at the preapplication conference), and necessary data or narrative which explains how the access variance proposal conforms to the standards:

(i) The site plan(s) drawings shall be drawn on sheets preferably not exceeding 18 inches by 24 inches; and

(ii) The scale shall be an engineering scale.

(b) The required fee.

(2) The proposed access variance site plan shall include the following information:

(a) The section, township, range, and tax lot number;

(b) The relationship of the lot to the road system;

(c) The location of access points on adjoining lots and on the lots across the street;

(d) The location and setback of structures and parking areas on the lot and on the adjoining lots;

(e) The location of the proposed access;

(f) The sight distances from the proposed access point; and

(g) Other information as may be deemed necessary by the director to evaluate the request. (Ord. 2875 § 1.116.160, 2003)