The purpose of this article is to provide access standards which will facilitate through traffic operations, ensure public safety along roadways, and protect the public investment in the street system; while providing property owners with reasonable, though not always direct, access. The standards are specifically designed for streets whose primary function is the movement of through traffic, as opposed to local street whose primary function is access to adjacent properties.

(Ord. of 9-5-2006)

(a)

The development of access and roadways or driveways within the City of Clare shall be consistent with Public Act 135 of 2010 and the Michigan Department of Transportation Complete Streets Policy.

(b)

The access standards contained herein shall be required in addition to, and where permissible shall supersede, the requirements of the Clare County Road Commission (CCRC) and the Michigan Department of Transportation (MDOT).

(c)

The standards contained in this article shall apply to all uses, except permitted single-family and two-family dwelling units.

(d)

For expansion and/or redevelopment of existing sites where the planning commission determines that compliance with all the standards of this article is unreasonable, the standards shall be applied to the maximum extent possible. In such situations, suitable alternatives which substantially achieve the purpose of this article may be accepted by the planning commission, provided that the applicant demonstrates all of the following apply:

(1)

Size of the parcel is insufficient to meet the dimensional standards.

(2)

The spacing of existing, adjacent driveways or environmental constraints prohibit adherence to the access standards at a reasonable cost.

(3)

The use will generate less than 500 total vehicle trips per day or less than 75 total vehicle trips in the peak hour of travel on the adjacent street, based on the most recent rates developed by the Institute of Transportation Engineers (ITE).

(4)

There are no other reasonable means of access.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

(a)

"Complete streets" is defined as a design principle to promote a safe network of access for pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.

(b)

It is the policy of the city to encourage complete streets, and in furtherance of that policy:

(1)

There shall be a nonmotorized network plan approved by the public service department, in consultation with the transportation division.

(2)

The nonmotorized network plan shall include, at a minimum, accommodations for accessibility, sidewalks, curb ramps and cuts, trails and pathways, signage, and bike lanes, and shall incorporate principles of complete streets and maximize walkable and bikeable streets within the city.

(3)

To the extent financially feasible, future construction or re-construction of city rights-of-way or any parts thereof shall be in conformity with the nonmotorized network plan.

(4)

It shall be a goal of the city to fund adequately the implementation of the nonmotorized network plan, which shall include targeting at least five percent of State Act 51 funds received by the city annually in furtherance of the plan's implementation.

(5)

The nonmotorized network plan shall be updated, at a minimum, every five years from the date of its initial adoption by the public service department.

(Ord. No. 2014-008, 10-6-2014)

(a)

(1)

Access to a parcel shall consist of either a single two-way driveway or a pair of one-way driveways wherein one driveway is designed and appropriately signed to accommodate ingress movements and the other egress movements.

(2)

Access to a parcel that runs through a city block, abutting two streets, may have a second access driveway, or curb-cut, with written authority granted by the street administrator.

(b)

Where parcel frontage is insufficient to provide a driveway meeting the minimum driveway width and radii, a shared driveway or other means of access may be required.

(c)

Where parcels of at least two acres in area, have frontage along two streets, access should be provided only along the street with the lower average daily traffic volume, unless the planning commission determines this would negatively affect traffic operations or surrounding land uses.

(d)

Where the property has continuous frontage of over 300 feet and the applicant can demonstrate, using the Institute of Transportation Engineers Manual Trip General (Trip Generation Manual) or another accepted reference, that a second access is warranted, the planning commission may allow an additional access point. Where possible, this access should be spaced accordingly to the standards contained herein, located on a side street, shared with an adjacent property, and/or be constructed to restrict one or both left turn movements.

(e)

Where the property has continuous frontage of over 600 feet, a maximum of three driveways may be allowed, with at least one such driveway being constructed and signed for right-turns-in, right-turns-out only.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014; Ord. No. 2020-008, 11-2-2020)

Editor's note— Ord. No. 2014-008, adopted Oct. 6, 2014, amended and renumbered former §§ 52-517—52-523 as §§ 52-518—52-524.

(a)

Shared use of access between two or more property owners should be encouraged through use of driveways constructed along property lines, connecting parking lots and construction on-site of frontage roads and rear service drives; particularly within one-quarter mile of major intersections, for sites having frontage on two or more streets, where frontage dimensions are less than 300 feet, at locations with sight distance problems, and/or along roadway segments experiencing congestion or accidents. In such cases, shared access of some type may be the only access design allowed.

(b)

In cases where a site is adjacent to an existing frontage road, parking lot of a compatible use, or rear service drive, a connection to the adjacent facility may be required by the planning commission.

(c)

In cases where a site is adjacent to undeveloped property, the site should be designed to accommodate a future frontage road, parking lot connection or rear service drive.

(d)

The applicant shall provide the city with letters of agreement or access easements from all affected property owners.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

(a)

Requirements for minimum intersection or corner site [sight] distance for driveways, shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines defined in chapter 9 of A Policy on Geometric Design of Highways and Streets, 1994.

(b)

The planning commission may adjust driveway location where there is inadequate sight distance.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

(a)

Driveway spacing from intersections shall be measured from the centerline of the driveway to the extended edge of the intersecting street's right-of-way line.

(b)

In order to preserve intersection operations and safety, the minimum distance between a driveway and an intersecting street right-of-way shall be based on the following:

(1)

For locations in the vicinity of intersections experiencing congestion (peak hour operations below level of service "C" for one or more movements) and/or a significant number of traffic accidents (five or more annually), the planning commission may require that access be constructed along the property line furthest from the intersection.

(2)

For locations within 200 feet of any signalized or four-way stop intersection, driveways shall be spaced a minimum of 150 feet from the intersection. Where this spacing cannot be provided, driveways designed for "right-turn in, right-turn out only" movements may be allowed, with a minimum spacing of 75 feet from the intersecting street right-of-way.

(3)

For locations not addressed by subsection (2), above, not including single-family parcels, driveways shall be spaced 100 feet from the intersection.

(4)

Driveways shall be spaced a minimum of three hundred (300) feet from the centerline of the U.S. 127 on and off ramps.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

(a)

Driveway spacing from other driveways shall be measured from the centerline of each driveway at the point where it crosses the street right-of-way line.

(b)

Minimum driveway spacing from other driveways along the same side of the street shall be determined based on posted speed limits along the parcel for each particular frontage, as follows:

(c)

Driveways shall be directly aligned with those across the street or, where offset, the minimum driveway spacing from driveways across the street shall be a minimum of 150 feet, as determined by the planning commission, excluding when one or both driveways are designed and signed for right-turn-in, right-turn-out only.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

(a)

Standards. Driveways shall be designed to the standards of the Clare County Road Commission, except where stricter standards are including herein or by the city driveway construction standards.

(b)

Driveway width and radii. The typical driveway design shall include one ingress and one egress lane, with a combined maximum throat width of 30 feet, measured from face to face of curb.

(1)

Wherever the planning commission determines that traffic volumes or conditions may cause significant delays for traffic exiting left, two exit lanes may be required.

(2)

For one-way paired driveway systems, each driveway shall be 16 feet wide, measured perpendicularly.

(3)

In areas with pedestrian traffic, the exit and enter lanes may be separated by a median with a maximum width of 25 feet.

(4)

Driveways shall be designed with 25-foot radii; 30-foot radii where daily semi truck traffic is expected.

(c)

Driveway storage. Driveway storage shall be determined by the planning commission based on traffic volumes and conditions. A minimum of 40 feet of driveway storage shall be provided for less-intense developments and a minimum of 120 feet of driveway storage shall be required for larger developments. Driveway storage shall be measured from the right-of-way line.

(d)

Directional driveways, divided driveways, and deceleration tapers and/or bypass lanes. Directional driveways, divided driveways, and deceleration tapers and/or bypass lanes may be required by the planning commission where they are necessary to reduce congestion and accident potential for vehicles accessing the proposed use or site. Right-turn tapers shall be a minimum of 75 feet in length and at least 11 feet wide.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

Frontage roads, rear service drives and drives connecting two or more parking lots shall be constructed in accordance with the following requirements:

(a)

Pavement width shall be a maximum of 30 feet, measured face of curb to face of curb; intersection approaches may be widened to 39 feet for a left-turn lane.

(b)

Frontage road access to public streets shall be spaced according to the standards of section 52-521, driveway spacing from intersections and U.S. 127 ramps and section 52-522, driveway spacing from other driveways.

(c)

Frontage roads shall have a minimum setback of 30 feet between the outer edge of pavement and the right-of-way line, with a minimum 60 feet of uninterrupted queuing (stacking) space at the intersections.

(d)

Parking along or which backs into a frontage road shall be prohibited.

(e)

For properties which are currently developed or adjacent to developed uses, and the standards of subsections (a) through (d) above, are determined by the planning commission to be too restrictive, frontage roads can be defined through parking lots by a raised curb and/or painted islands, as shown, provided that at least every third island at the end of the parking row is a raised curbed island.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

Editor's note— See editor's note to § 52-518.

In the event of a conflict between the standards set forth in sections 52-515 through 52-524 and any MDOT standards or Complete Streets Standards as established by law, the provisions which provide the greater compliance with the Walkable-Bikeable Complete Streets shall prevail.

(Ord. No. 2014-008, 10-6-2014)

To the extent roads that serve the public but are private driveways or access under this chapter exist or are created, said driveways shall be maintained in a state reasonably safe for travel. Under this section, the director of public works of the city may issue a notice to the appropriate businesses or property owners that shall require immediate repairs to the driveway, frontage road, or access drive in accordance with this section. In the event that repairs are not undertaken within 30 days of the date of the notice, the director of the department of public works may issue a notice of intent to close the access drive and proceed to close the drive to vehicular access by the public. The director of public works' action under this section shall be appealable to the city commission by filing a written request for hearing before the city commission within 15 days of the notice to either repair or the notice of closure of the access way. The findings of the city commission as to the safety and condition of the road or driveway at issue shall be final and binding and is not appealable to any court.

(Ord. No. 2014-010, 11-17-2014)

Editor's note— Ord. No. 2014-010, adopted Nov. 17, 2014, enacted new provisions designated as § 52-524. Inasmuch as §§ 52-524 and 52-525 already exist, said ordinance has been added as § 52-526 at the discretion of the editor.