Chapter 12.06


12.06.010    Definitions.

12.06.020    Improvement permit required.

12.06.040    Improvement permit issuance.

12.06.050    Prohibited locations.

12.06.060    Length of driveway approach apron.

12.06.070    Construction details.

12.06.080    Driveway approaches near alleys.

12.06.090    Areas of limited street improvements.

12.06.100    Public property.

12.06.110    Unusual conditions.

12.06.120    Replacement or discontinued use.

12.06.010 Definitions.

For the purpose of this chapter the following definitions shall apply:

A.    The “apron” is that portion of the driveway approach extending from the gutter flow line to the sidewalk section and lying between the end slopes of the driveway approach.

B.    The “curb return” is the curved portion of a street curb at street intersections, or the curved portion of a curb in the end slopes of a driveway approach.

C.    A “driveway” is an area on private property where automobiles and other vehicles are operated or allowed to stand.

D.    “Driveway approach” is an area, construction or improvement between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door at least seven feet wide intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or the curb return and sidewalk section.

E.    The “end slopes” are those portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return, together with the area between the projected tangents of the curb return.

F.    The “sidewalk section” is that portion of the driveway approach lying between the back edge of the sidewalk and the apron, plus the end slopes measured at the front edge of the sidewalk. (Ord. 1501 § 1, 1991).

12.06.020 Improvement permit required.

No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other improvement in the right-of-way of any public street, alley or other property owned by or dedicated to or used by the city and over which it has jurisdiction to regulate the matters covered hereby without first obtaining a permit from the city building inspector. No permit shall be granted until the applicant shall file with the city engineer for his approval a copy of a drawing showing the location and size of all such proposed improvements to serve the property affected. (Ord. 1501 § 2, 1991).

12.06.040 Improvement permit issuance.

Before approving the drawing of such improvement and issuing the permit the city engineer shall determine that the proposed improvement is in conformance with the provisions and standards hereinafter set forth and shall stamp his approval on the application. (Ord. 1501 § 4, 1991).

12.06.050 Prohibited locations.

A.    No driveway approach shall be permitted to encompass any municipal facility under the permit provided for herein. Applicant may be authorized to relocate any municipal facility including any within the limits of a curb return which may be encroached upon as allowed under subsections C and D of this section;

B.    At street intersections, no portion of any driveway approach, including end slopes, shall be permitted between the limits of the intersection of the prolonged property lines and the curb, except as may be allowed under subsections C and D of this section;

C.    At street intersections no portion of any driveway approach, including end slopes, shall be permitted between the limits of the intersection of the prolonged back edges of the sidewalks and the curb, except as may be allowed under subsection D of this section;

D.    On all curb returns at street intersections, where the radius is twenty-five feet or more, driveway approaches, including distance equal to twelve and one-half percent of the total length of the arc of the curb return, thus leaving at least seventy-five percent of the length of the arc of the curb return face free from driveway encroachment;

E.    Notwithstanding the provisions of subsections B and C of this section, at street intersections no portion of any driveway approach including end slopes shall be permitted between the points of curvature of the curb return where the radius of the curb is twenty feet or less;

F.    No permit for a driveway approach shall be granted where reasonable egress and ingress, for the purpose for which the property is used, can be secured from the alley;

G.    No driveway approach for commercial purposes shall be allowed unless sufficient space is provided for vehicles twenty feet in length to turn around before returning to the street, or unless an exit to an alley or secondary street is provided, or unless approved by the city council. (Ord. 1501 § 5, 1991).

12.06.060 Length of driveway approach apron.

The length of a driveway approach apron shall conform to the following dimensions:

A.    For residential driveways, not less than ten feet nor more than twelve feet for single driveways, and not more than twenty feet for double driveways;

B.    For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed thirty feet in length, if the property abuts a street where the posted speed limit is twenty-five miles or less per hour, or thirty-five feet where the posted speed limit is above twenty-five but under forty-five miles per hour, or forty feet where the posted speed limit is forty-five miles per hour, but any length in excess of thirty feet is subject to the approval of the city engineer. A safety island of not less than six feet of full height curb shall in all cases be provided between driveway approaches and a safety island of not less than twenty feet of full height curb shall in all cases be provided between driveway approaches serving any one property frontage;

C.    Property frontage referred to herein includes approach areas directly in front of property owned or under the control of the applicant and such area as may be opposite adjoining property which is used for approach purposes by right of easement or agreement with the adjoining property owner;

D.    No driveway approach shall project beyond the extension of the side property line to the curb, unless the owner of the adjacent property is a co-signer of the application. (Ord. 1501 § 6, 1991).

12.06.070 Construction details.

A.    That portion of the driveway approach, between the front and back edges of the existing sidewalk, shall be constructed of portland cement concrete. The remaining portion of the driveway approach shall be constructed of portland cement concrete or of other suitable material if approved by the city engineer and excepting as provided in Section 12.06.090 hereof. The concrete of the driveway approach, including the sidewalk section, shall be six inches thick for both residential and commercial approaches.

B.    The sidewalk section of the driveway approach shall be finished and scored as specified by the city for typical sidewalk construction. Apron and end slope areas of the driveway approach shall be finished after troweling smooth and scoring with a fiber push broom drawn over the surface parallel to the curb line.

C.    All driveway approaches constructed pursuant to a permit shall be constructed in accordance with the city specifications and under the supervision of the city, and any portion or whole that does not comply with the city specifications shall be removed and replaced when so directed by the city engineer.

D.    All construction shall be in accordance with the APWA Standard Specifications for Municipal Public Works Construction.

E.    Residential driveway/culvert construction for streets without paved sidewalks and curbs shall be in accordance with an approved drawing and plan which must be submitted with the application. An exhibit of such drawing and plan is attached hereto and described as Exhibit 12.06.070. (Ord. 1501 § 7, 1991).

12.06.080 Driveway approaches near alleys.

Driveway approaches located within six feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return. The total apron length plus the alley width measured at the curb line of the apron to the opposite alley line shall not exceed forty feet. (Ord. 1501 § 8, 1991).

12.06.090 Areas of limited street improvements.

A.    Where standard curbs and gutters have been installed, but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curb line to the applicant’s premises of the same materials as those used for paving the applicant’s premises. Such driveway approach shall be constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. The permit shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed the applicant or his successor shall install a concrete driveway approach.

B.    Where standard curbs and gutters have not been installed, the apron length set forth in Section 12.06.060 hereof shall be measured along the property line and there shall be not less than six feet of frontage between all driveway approaches and twenty feet of frontage between driveway approaches serving any one property. Permits shall not be issued for any surface improvement or paving on the street right-of-way between driveway approaches unless a concrete curb or other physical obstruction of a design satisfactory to the city engineer is constructed and maintained by the applicant along his property line so that the entrance and exit of vehicles to and from applicant’s property will be restricted to the established driveway approaches. Pursuant to the permit provided for herein, applicant may surface the driveway approaches or other areas within the right-of-way by extending the same type of paving used on applicant’s premises so that it merges with the street pavement, provided applicant’s paving is adequate and suitable for the traffic to be carried. Such extended paving shall be to established grade or other slope fixed by the city to provide for proper run-off and all work shall conform to city specifications and shall be approved by the city engineer. Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safety deceleration of vehicles turning into the applicant’s premises. If applicant’s paving is extended beyond the property line into a street right-of-way at an intersection or crossroad, the city engineer may require applicant to construct a suitable traffic island or curb to provide for the protection of such municipal facilities as may be necessary. (Ord. 1501 § 9, 1991).

12.06.100 Public property.

City street right-of-way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless the vehicles to be served or serviced can be parked entirely within the private property lines. (Ord. 1501 § 10, 1991).

12.06.110 Unusual conditions.

The city council is authorized to grant, in writing, variances from the regulations and requirements of this chapter, providing they first determine that the following conditions are present:

A.    The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation upon the applicant’s property;

B.    The variance requested is not against the public interest, particularly safety, convenience and general welfare;

C.    The granting of the permit for the variance will not adversely affect the rights of the adjacent property owners or tenants;

D.    The terms of this chapter will work unnecessary hardship on the applicant, property owner or tenant. (Ord. 1501 § 11, 1991).

12.06.120 Replacement or discontinued use.

When, in the judgment of the city council the continued use of a driveway approach is hazardous to pedestrians or traffic or whenever the use of the driveway shall be discontinued, the owner of the abutting property shall upon notice from the city council remove the driveway approach and replace the sidewalk and public property in accordance with city specifications and under the supervision of the city engineer. (Ord. 1501 § 12, 1991).

Exhibit 12.06.070