The purpose of this chapter is to establish development standards for safe and efficient access to public streets.

(Prior Code, § 804.001; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means a driveway approach that is no longer used for vehicle access.

Driveway approach means any access providing direct vehicle ingress and egress over public right-of-way to property.

One-way driveway means a driveway that provides only ingress or only egress.

Shared access means a driveway that jointly serves two or more lots or parcels.

Two-way driveway means a driveway that provides both ingress and egress.

(Prior Code, § 804.005; Ord. No. 31-13)

This chapter applies to the design, construction, relocation, reconstruction, enlargement, or alteration of any driveway approach.

(Prior Code, § 804.010; Ord. No. 31-13)

(a)

Except as otherwise provided in this chapter, a driveway approach permit shall be obtained prior to constructing, relocating, reconstructing, enlarging, or altering any driveway approach.

(b)

Exceptions. A driveway approach permit is not required for:

(1)

The construction, relocation, reconstruction, enlargement, or alteration of any driveway approach that requires a state highway access permit; or

(2)

The construction, relocation, reconstruction, enlargement or alteration of any driveway approach that is part of the construction of a publicly or privately engineered public improvement project.

(Prior Code, § 804.015; Ord. No. 31-13)

(a)

Required. A Class 1 driveway approach permit is required for:

(1)

A driveway approach onto a local or collector street providing access to a single family, two family, three family, or four family use.

(2)

A driveway approach onto an arterial street providing access to an existing single family, two family, three family, or four family use.

(3)

A driveway approach onto an arterial street providing access to a proposed single family, two family, three family, or four family use on an existing lot created prior to March 16, 2022.

(4)

A driveway approach for any land-locked lot or parcel providing access onto a local or collector street, unless the driveway is part of an existing shared access.

(5)

Maintenance, repair, or replacement of an existing permitted driveway approach, other than maintenance, repair, or replacement that is part of, or needed for, redevelopment of commercial or industrially zoned property.

(b)

Procedure type. A Class 1 driveway approach permit is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In lieu of the application submittal requirements under SRC chapter 300, an application for a Class 1 driveway approach permit shall include the following:

(1)

A completed application form.

(2)

A site plan, of a size and form and in the number of copies meeting the standards established by the Director, containing the following information:

(A)

The location and dimensions of the proposed driveway approach;

(B)

The relationship to nearest street intersection and adjacent driveway approaches;

(C)

The location of all utilities;

(D)

The location of any existing or proposed buildings, structures, or vehicular use areas;

(E)

The location of any trees and vegetation adjacent to the location of the proposed driveway approach that are required to be protected pursuant to SRC chapter 808; and

(F)

The location of any street trees adjacent to the location of the proposed driveway approach.

(3)

Identification of the uses or activities served, or proposed to be served, by the driveway approach.

(4)

Any other information, as determined by the Director, which may be required to adequately review and analyze the proposed driveway approach for conformance with the applicable criteria.

(d)

Criteria. A Class 1 driveway approach permit shall be granted if the proposed driveway approach meets the standards of this chapter and the Public Works Design Standards.

(Prior Code, § 804.020; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Required. A Class 2 driveway approach permit is required for:

(1)

A driveway approach onto a local, collector, minor arterial, major arterial, or parkway street providing access to a use other than single family, two family, three family, or four family;

(2)

Maintenance, repair, or replacement of an existing permitted driveway approach, which is part of, or needed for, redevelopment of commercial or industrially zoned property.

(b)

Procedure type. A Class 2 driveway approach permit is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In lieu of the application submittal requirements under SRC chapter 300, an application for a Class 2 driveway approach permit shall include the following:

(1)

A completed application form.

(2)

A site plan, of a size and form and in the number of copies meeting the standards established by the Director, containing the following information:

(A)

The location and dimensions of the proposed driveway approach;

(B)

The relationship to nearest street intersection and adjacent driveway approaches;

(C)

Topographic conditions;

(D)

The location of all utilities;

(E)

The location of any existing or proposed buildings, structures, or vehicular use areas;

(F)

The location of any trees and vegetation adjacent to the location of the proposed driveway approach that are required to be protected pursuant to SRC chapter 808; and

(G)

The location of any street trees adjacent to the location of the proposed driveway approach.

(3)

Identification of the uses or activities served, or proposed to be served, by the driveway approach.

(4)

Any other information, as determined by the Director, which may be required to adequately review and analyze the proposed driveway approach for conformance with the applicable criteria.

(d)

Criteria. A Class 2 driveway approach permit shall be granted if:

(1)

The proposed driveway approach meets the standards of this chapter and the Public Works Design Standards;

(2)

No site conditions prevent placing the driveway approach in the required location;

(3)

The number of driveway approaches onto an arterial are minimized;

(4)

The proposed driveway approach, where possible:

(A)

Is shared with an adjacent property; or

(B)

Takes access from the lowest classification of street abutting the property;

(5)

The proposed driveway approach meets vision clearance standards;

(6)

The proposed driveway approach does not create traffic hazards and provides for safe turning movements and access;

(7)

The proposed driveway approach does not result in significant adverse impacts to the vicinity;

(8)

The proposed driveway approach minimizes impact to the functionality of adjacent streets and intersections; and

(9)

The proposed driveway approach balances the adverse impacts to residentially zoned property and the functionality of adjacent streets.

(Prior Code, § 804.025; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Number of driveway approaches. Except as otherwise provided in this chapter, a lot or parcel is entitled to one driveway approach onto a local or collector street. Additional driveway approaches from a single family, two family, three family, or four family use onto a local or collector street may be allowed through Class 1 driveway permit approval.

(b)

Permitted access.

(1)

Driveway approaches onto local and collector streets shall only provide access to a permitted parking or vehicular use area, except where the driveway approach will provide access to a site controlled by a franchised utility service provider or a governmental entity.

(2)

No access shall be provided onto a local or collector street from a proposed new single family, two family, three family, or four family use on an existing lot abutting an alley.

(c)

Spacing. Driveway approaches providing direct access to a collector street shall be located no less than 200 feet from intersections with major arterials or minor arterials, measured from centerline to centerline.

(d)

Vision clearance. Driveway approaches onto local and collector streets shall comply with the vision clearance requirements set forth in SRC chapter 805.

(Prior Code, § 804.030; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Number of driveway approaches.

(1)

Except as otherwise provided in this chapter, a complex is entitled to one driveway approach onto a major or minor arterial. Additional driveway approaches for a complex may be allowed where:

(A)

A complex has more than 370 feet of frontage abutting a major or minor arterial;

(B)

There is a shared access agreement between two or more complexes; or

(C)

It is impracticable to serve the complex with only one driveway approach.

(2)

Development that is not a complex, and is other than a single family, two family, three family, or four family use, is entitled to one driveway approach onto a major or minor arterial where:

(A)

The driveway approach provides shared access;

(B)

The development does not abut a local or collector street; or

(C)

The development cannot be feasibly served by access onto a local or collector street.

(3)

A single family, two family, three family, or four family use is entitled to one driveway approach onto a major or minor arterial where:

(A)

The driveway approach provides access to an existing single family, two family, three family, or four family use; or

(B)

The driveway approach provides access to a proposed single family, two family, three family, or four family use on a lot created prior to March 16, 2022.

(b)

Traffic volume threshold. No driveway approach onto a major or minor arterial shall be allowed unless the development generates 30 or more vehicle trips per day or the driveway approach provides access to a city park or a single family, two family, three family, or four family use.

(c)

Permitted access.

(1)

Driveway approaches onto major and minor arterials shall only provide access to a permitted parking or vehicular use area, except where the driveway approach will provide access to a site controlled by a franchised utility service provider or a governmental entity.

(2)

For a corner lot that abuts a local or collector street, the driveway approach shall provide access to the street with the lower street classification.

(3)

No access shall be provided onto a major or minor arterial from a proposed new single family, two family, three family, or four family use on an existing lot abutting an alley.

(4)

No access shall be provided onto a major or minor arterial from a single family, two family, three family, or four family use constructed as part of a subdivision or partition.

(5)

Only forward in/forward out access shall be allowed onto a major or minor arterial.

(d)

Spacing. Except for driveway approaches providing access to a single family, two family, three family, or four family use, driveway approaches onto a major or minor arterial shall be no less than 370 feet from the nearest driveway or street intersection, measured from centerline to centerline.

(e)

Vision clearance. Driveway approaches onto major and minor arterials shall comply with the vision clearance requirements set forth in SRC chapter 805.

(Prior Code, § 804.035; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Number of driveway approaches. No driveway approach shall be allowed onto a parkway unless the driveway approach is for a complex that generates 10,000 or more vehicle trips per day, or the driveway approach is a service driveway approach that provides access to a site controlled by a franchised utility service provider or a governmental entity.

(b)

Permitted access. Driveway approaches onto a parkway shall only provide access to a permitted parking or vehicular use area, except where the driveway approach will provide access to a site controlled by a franchised utility service provider or a governmental entity.

(c)

Spacing. Driveway approaches onto a parkway shall be no less than one mile from the nearest driveway approach or street intersection, measured from centerline to centerline.

(d)

Vision clearance. Driveway approaches onto a parkway shall comply with the vision clearance requirements set forth in SRC chapter 805.

(e)

Temporary access. Temporary direct access from a parkway to a development site may be granted until permanent access that conforms to this chapter can be established.

(f)

No variance or adjustment. The standards set forth in this section cannot be varied or adjusted.

(Prior Code, § 804.040; Ord. No. 31-13)

(a)

Shared access may be required to serve two or more abutting lots or parcels, when necessary to mitigate or eliminate traffic impacts or safety concerns. Shared access may be provided at the request of an applicant; provided, however, that once the applicant's request has been approved, shared access shall not be eliminated without first obtaining a Class 2 driveway permit.

(b)

Shared access shall conform to this chapter and the Public Works Design Standards, and shall be provided by permanent irrevocable easements that are recorded in the appropriate county.

(c)

Lots and parcels shall be permitted to use temporary direct access onto a street until permanent shared access has been established.

(Prior Code, § 804.045; Ord. No. 31-13)

Driveway approaches shall conform to the following development standards:

(a)

Design and construction. Driveway approaches shall be designed and constructed in conformance with this chapter and the Public Works Design Standards.

(b)

Width.

(1)

Driveway approach width for single family, two family, three family, and four family uses. Driveway approaches serving single family, two family, three family, and four family uses shall conform to the minimum and maximum widths set forth in Table 804-1.

(2)

Driveway approach width for uses other than single family, two family, three family, and four family. Driveway approaches serving uses other than single family, two family, three family, and four family shall conform to the minimum and maximum widths set forth in Table 804-2.

(3)

Measurement. For purposes of this subsection, driveway approach width shall be determined by measurement of the paved surface of the driveway at the property line.

(c)

Marking and signage. Where required by the Public Works Design Standards, driveway approaches shall be clearly marked or signed and maintained in conformance with the Public Works Design Standards.

(Prior Code, § 804.050; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020)

(a)

General. The Director may require the relocation, reconstruction, or maintenance of a driveway approach where:

(1)

The driveway approach has become hazardous due to traffic congestion. The determination that a driveway approach is hazardous to the public's use of the right-of-way shall be based on traffic engineering principles and traffic investigations;

(2)

The driveway approach is not constructed in conformance with this chapter and the Public Works Design Standards;

(3)

The driveway approach is not maintained in a safe manner; or

(4)

A public street improvement project is being constructed, and relocation of the driveway approach will more closely conform to the current driveway approach standards.

(b)

Notice. Notice of driveway approach relocation, reconstruction, or maintenance shall be given, in writing, to the property owner and any affected tenants stating the grounds for the relocation, reconstruction, or maintenance, the date upon which the requirement becomes effective, and the right to appeal.

(c)

Appeals. Any person entitled to notice under subsection (b) of this section may appeal the decision to the Hearings Officer by following the process set forth in SRC 20J.220. The hearing on the appeal shall follow the contested case procedures set forth in SRC 20J.240 through 20J.430.

(d)

Effect. If no appeal is filed within the time specified, the affected owner shall have 90 days from the date of the notice to relocate, reconstruct, or maintain the driveway approach in a manner that conforms to this chapter and the Public Works Design Standards.

(e)

Failure to relocate, reconstruct, or maintain driveway approach. If the owner fails to relocate, reconstruct, or maintain the driveway approach within 90 days, the Director may cause the relocation, reconstruction, or maintenance to be completed and all expenses will be assessed against the property owner.

(Prior Code, § 804.055; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020)

(a)

General. The Director may require the closure of a driveway approach where:

(1)

The driveway approach is not constructed in conformance with this chapter and the Public Works Design Standards;

(2)

The driveway approach is not maintained in a safe manner;

(3)

A public street improvement project is being constructed, and closure of the driveway approach will more closely conform to the current driveway approach standards;

(4)

A new building or driveway is constructed on the property;

(5)

A comprehensive plan change or zone change is proposed for the property served by the driveway;

(6)

The driveway approach has been abandoned; or

(7)

There is a demonstrated safety issue.

(b)

Notice. Notice of driveway approach closure shall be given, in writing, to the property owner and any affected tenants stating the grounds for closure, the date upon which the closure becomes effective, and the right to appeal.

(c)

Appeals. Any person entitled to notice under subsection (b) of this section may appeal the decision to the Hearings Officer by following the process set forth in SRC 20J.220. The hearing on the appeal shall follow the contested case procedures set forth in SRC 20J.240 through 20J.430.

(d)

Effect. Closure shall be effective immediately upon the mailing of notice. Unless otherwise provided in the notice, closure terminates all rights to continue the use of the driveway approach for which the notice of closure has been issued.

(e)

Failure to close driveway. If the owner fails to close the driveway approach to conform to the notice within 90 days, the Director may cause the closure to be completed and all expenses will be assessed against the property owner.

(Prior Code, § 804.060; Ord. No. 31-13; Ord. No. 4-23, § 1(Exh. A), 4-24-2023)