Whitewood City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 155.060 GENERALLY.
(A) In order to accomplish the general purpose of this chapter, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, are potentially incompatible with existing development, or because the effects of such uses cannot definitely be foreseen.
(B) The following uses shall be subject to compliance with the regulations in this subchapter and with the procedure for authorizing uses permitted on review as set forth in § 155.085.
(Prior Code, § 152.055)
§ 155.061 DEVELOPMENT STANDARD FOR USES PERMITTED ON REVIEW.
(A) General. In order to accomplish the general purpose of this section it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, and are potentially incompatible with existing development.
(B) Manufactured home parks/subdivisions. The following development standards shall apply for all manufactured home parks, which shall be approved as a development permitted on review:
(1) Minimum area of manufactured park. No park shall be allowed to open on less than two acres.
(2) Manufactured homes only. Only manufactured homes shall be permitted, except for additions and accessory structures which may be constructed on-site.
(3) Minimum lot size. At least 5,000 square feet, exclusive of public street rights-of-way and private street easements.
(4) Street standards.
(a) Public streets shall meet minimum standards of the subdivision ordinance or, in the case of private streets, standards established by the Common Council in the approval process.
(b) Cul-de-sac roads shall have a maximum length of 300 feet and a minimum turnaround radius of 40 feet.
(c) Be accessible at all times to Fire Department, ambulance, police, sanitation, and utility vehicles.
(5) Street lighting. The developer shall furnish and install street lights in accordance with city standards. On private streets, lights shall be operated and maintained by the developer.
(6) Fencing and screening. The developer shall install screening, opaque fencing, or plantings on the front, side, and rear perimeters of the manufactured home park, according to site plans approved by the Planning Commission.
(7) Shade trees. The developer shall plant shade trees on the property. One tree with a minimum trunk diameter of not less than one inch shall be planted on each manufactured home lot. Trees shall be of varieties recommended by the City Parks and Recreation Department.
(8) Drainage and storm sewers. Per the State Drainage Law, being SDCL Title 46A.
(10) Utilities. Per utilities industry standards.
(11) Recreation areas. A park and recreation area shall be provided having a minimum of 150 square feet for each manufactured home site, consolidated into usable space. This requirement may be waived by the Planning Commission if the manufactured home park has minimum lot sizes of 6,000 square feet.
(12) Accessory buildings. Accessory buildings shall meet minimum setbacks in division (B)(15)(d) below.
(13) Lot width. Minimum 50 feet.
(14) Perimeter setbacks.
(a) Perimeter setback of 25 feet from all public rights-of-way.
(b) Any perimeter yard abutting a Residential District shall maintain a setback of 15 feet.
(c) All perimeter setbacks shall be maintained and landscaped.
(15) Lot setbacks.
(a) Front yard: 15 feet from all road rights-of-way within the manufactured home park.
(b) Rear yard: Ten feet.
(c) Side yard: Eight feet.
(d) Accessory structures: Five feet, side and rear.
(16) Off-street parking. There shall be a minimum of two paved, off-street parking spaces on each manufactured home lot, which may be located in the front or side yard.
(17) Storage space. The manufactured home park may provide a paved storage area for boats, campers, RV’s, and the like, for use only by tenants.
(18) Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground, at intervals approved by the Building Official. Manufactured homes, once in their permanent location upon the lot, shall be fully skirted within 60 days.
(19) Additions to manufactured homes. Building permits shall be required for all additions, which shall meet all setback requirements. No additions or structures erected shall have a height greater than the height of the manufactured home to which it is attached; and shall be supported by a foundation approved by the Building Official.
(20) Signs. The developer shall install, in accordance with standards of the city, all road and street name signs. Each manufactured home park shall be permitted to display, on each frontage, one identifying sign of maximum size of 25 square feet.
(21) Guarantees to include improvements. Guarantees may be required in an amount determined by the Planning Commission and approved by the Common Council, to assure completion of all requirements within this section.
(22) General provisions.
(a) Sidewalks from the paved driveway to the main entry of the manufactured home shall be a minimum of 36 inches in width.
(b) Each manufactured home shall have an address of three-inch high letters mounted on the side fronting the street.
(c) Each manufactured home space shall be clearly defined by permanent markers.
(d) Each manufactured home space shall be serviced by the public water and sewer system. Manufactured homes that cannot be connected to the public water and sewer system shall not be permitted.
(e) Manufactured homes shall not be used for commercial, industrial, or other nonresidential uses, except HOME OCCUPATIONS, as defined in § 155.005, and permitted as a use permitted on review.
(23) Application requirements. The application shall be accompanied by three copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect. The following information shall be shown:
(a) The location and legal description of the proposed manufactured home park;
(b) Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the manufactured home park;
(c) The proposed use of buildings shown on the site;
(d) The location and size of all manufactured home spaces;
(e) The location of all points of ingress and egress, and internal traffic circulation pattern;
(f) A landscaping plan;
(g) The location of all lighting standards to be provided;
(h) The location of all walls and fences, the indication of their height, and the materials of their construction;
(i) The name and address of the applicant;
(j) Such other architectural and engineering data as may be required to permit the Building Official and Common Council to determine if the provisions of this section are being complied with; and
(k) An estimated timetable for project development.
(C) Recreational vehicle parks. The following property development standards are established to encourage an appropriate, safe, sanitary, and attractive environment for the development of recreational vehicle parks.
(1) Development standards.
(a) Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, covered with stone screening or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
(b) Low areas subject to periodic flooding shall not be developed except for such uses that are compatible with a flood-prone area.
(c) The recreational vehicle park shall be located on a properly-drained site graded when necessary to prevent standing water and soil saturation, which would be detrimental to structures and to site use.
(d) No public rights-of-way shall dissect a recreational vehicle park.
(2) Park size and density.
(a) The minimum park area shall be two acres.
(b) The overall maximum density of the park shall not exceed 20 recreational vehicle sites per acre.
(c) Recreational vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure, such as attached awnings or carports, shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.
(d) Each site shall contain a stabilized vehicular parking pad of gravel, paving, or other suitable natural unless the site will be used exclusively for tents.
(e) A minimum of 8% of the gross site area shall be set aside and developed as common use areas for open or enclosed recreational facilities.
(3) General provisions.
(a) Internal streets shall provide safe and convenient access to the sites. Construction and maintenance shall provide a smooth, hard dense, dust-proof, well-drained surface with the alignment and grade properly adapted to the topography. Such streets shall meet the following minimum requirements: Entrance and all two-way streets (no parking): 25 feet.
(b) Yards adjacent to public streets shall be a minimum of 25 feet in depth. Yards adjacent to residential property outside the park without an intervening street shall be at least 50 feet in width; provided, however, that this requirement may be reduced to a minimum of 25 feet upon adequate fencing and vegetative screening to protect occupants of adjoining properties from adverse influences within the park.
(c) Each park shall include a sanitary dumping station to be so located as not to create a traffic hazard on the main or circulating roads, and not to be a health hazard to the occupants of the park. Such dumping station shall be constructed to meet the minimum requirements of all applicable ordinances and regulations.
(d) Management headquarters, recreational facilities, toilets, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as accessory uses to the park.
(e) All internal streets shall be lighted at night.
(f) There will be an egress and ingress access, and no one-way streets.
(4) Application for recreational vehicle park.
(a) The applicant, or his or her representative, shall submit to the Planning Commission three copies of the application for the proposed recreational vehicle park. Such copies will be reviewed and approved by the Planning Commission, the Common Council, and the Building Inspector.
(b) The application, including maps and narrative, shall contain the following information:
1. Name of the proposed recreational vehicle park;
2. Name and address, including telephone number, of the applicant;
3. Name and address, including telephone number of the engineer responsible for park design, improvement design, and surveys;
4. Date, north arrow, and graphic scale;
5. Location of the proposed recreational vehicle park by legal description;
6. Boundary of the proposed park showing its location and dimensions;
7. Location of drainage ways and areas subject to periodic flooding within the proposed park;
8. Number, size, and location of the proposed vehicle sites and other parking areas;
9. Location and widths of all points of entry and exit for vehicles and the internal circulation pattern;
10. Location and dimensions of any land to be reserved for recreational areas;
11. Location of all lighting standards to be provided within the proposed park;
12. Location of water and sewer lines;
13. Location of service buildings, sanitary stations, and any other existing or proposed structures;
14. Location of all easements or rights-of-way within the proposed park;
15. Plans and specifications of the water supply, sewage disposal, and sanitary stations; and
16. Plans and specifications of all buildings to be constructed within the proposed park.
(D) Private day nurseries and kindergartens. The facilities, operation, and maintenance shall meet the requirements of the County Health Department, State Department of Social Services, and any requirements made a part of the approval for the use on review.
(E) Customary home occupations. A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within an enclosed structure; in connection with a home occupation, no display, except a regulated sign, and no alteration to any building shall indicate from the exterior that the building is being utilized in part for any purpose other than a residential unit.
(1) The following occupations, subject to the requirements of division (E) above, are permitted as customary home occupations:
(a) Antique shops, provided, however, that outdoor display is prohibited;
(b) Barber and beauty shops operated by only two members of the residence;
(c) Dressmaker, milliner, seamstress, tailor, or interior decorator;
(d) Artist, sculptor, or author;
(e) Professional office of a physician, dentist, lawyer, engineer, architect, or accountant within a dwelling occupied by the same, provided that not more than one paid assistant shall be employed; and
(f) Any other similar use which the Common Council deems to be a home occupation.
(2) Standards for home occupation are:
(a) Not more than 25% of the floor area in the structure can be used for the home customary occupation; and
(b) Professional signs for home occupations shall be permitted if attached to the building. Such signs shall not exceed three square feet in area.
(Prior Code, § 152.056) (Ord. 2018-01, passed 5-21-2018)
§ 155.062 MISCELLANEOUS EXCEPTIONS AND CONDITIONS.
(A) Yard and building setback exceptions. No yard, open space, or lot area requirement for a building or structure shall be occupied by any other building or structure, except:
(1) Bay windows and chimneys, not to exceed two feet;
(2) Awnings and canopies, as provided for in the Uniform Building Code;
(3) Fences and walls, subject to the vision requirements of this section;
(4) Flagpoles;
(5) Landscape features, such as planting boxes;
(6) Overhanging roof, eave, gutter, cornice, or other architectural features, not to exceed three feet;
(7) Open steps or stairs, or open fire escapes, provided they do not cover more than 50 square feet;
(8) Open terraces and non-enclosed porches, provided they do not cover more than 50 square feet; and
(9) Signs, subject to the regulations set forth in § 155.064.
(B) Averaging setbacks.
(1) In a Residential District, if two or more of the lots on one side of the street between two intersecting streets are improved with buildings at the time of the passage of this chapter, the average of the distances that the street walls of such buildings are from the street line shall be the established building line for such block frontage; however, in no case will a setback of more than 25 feet be required.
(2) Where a residential lot adjoins a commercial district within the same block frontage, the front yard of any such residential lot, for a distance of not more than 50 feet from the district boundary line, shall not be required to have a depth of more than one-half the required depth of 25 feet.
(C) Visibility requirements. The following provides for the maximum safety of persons using sidewalks and streets.
(1) On any corner lot, no wall, fence, sign, or other structures, or plant growth shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 20 feet from the point of the intersection.
(2) No foliage, shrubs, hedges, trees, or other obstructions shall be allowed in any street intersection or in any street within 20 feet of the street line of an intersecting street or within ten feet of any alley line.
(3) In any required front yard of any lot with a front driveway, except as provided in division (C)(1) above, no fence, wall, hedge, or yard ornament shall be permitted which materially impedes vision across such yard above the height of three and one-half feet.
(D) Conditions on use of lots and access availability.
(1) No recorded lot shall be divided into two or more lots unless such division results in the creation of lots each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted.
(2) Where there are existing recorded lots in a Residential District, which do not meet the minimum lot area requirement and are under separate ownership, single-family dwellings may be constructed as long as all other requirements, except lot size, are met.
(3) No accessory building shall be erected in any required yard and no separate or detached accessory building shall be erected within five feet of any other building.
(4) Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(5) Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the centerline of the street easement.
(6) No dwelling shall be erected on, or moved to, a lot which does not abut on at least one street for at least 25 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
(7) All buildings shall be located on lots so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(Prior Code, § 152.057)
§ 155.063 STORAGE, PARKING, AND USE OF CERTAIN VEHICLES IN RESIDENTIAL AREAS.
These provisions shall apply to the storage, parking, and use of certain vehicles on any lot occupied by a dwelling or on any lot in a Residential District.
(A) Major recreational equipment. For purposes of this chapter, MAJOR RECREATIONAL EQUIPMENT is defined as including boats, boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. Such equipment may be parked anywhere on the residential lot if it is parked to conform to the setbacks required of an accessory building. No such equipment shall be used for living or housekeeping purposes when parked or stored on a residential lot or in a location not approved for such use.
(B) Commercial vehicles. Not more than one commercial vehicle per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted.
(C) Unlicensed vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residential lot other than in completely enclosed buildings.
(Prior Code, § 152.058)
§ 155.064 SIGNS, BILLBOARDS, AND OTHER ADVERTISING STRUCTURES.
These conditions are established as a reasonable and impartial method of regulating advertising structures in order to ensure safe construction to reduce hazards at intersections, and to protect property values of the entire community; the regulations for signs and other advertising structures are as follows.
(A) General regulations in any zoning district. In any zoning district where signs are permitted, the following general regulations shall apply.
(1) No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct or interfere with the view of, or be confused with, any authorized traffic-control sign, signal, or device. No sign shall be erected in any position where it obstructs, or physically interferes with, the driver’s view of approaching, merging, or intersecting traffic.
(2) No illuminated sign where the light source moves or is not of constant intensity and color, or where any light bulb can shine directly into the eyes of any occupant of any vehicle traveling upon any highway, driveway, or parking area or into any window of any residence within 300 feet, or where the illumination interferes with the visibility or readability of any traffic sign or device, shall be permitted. This shall not be applied to prevent the erection or maintenance of signs, which convey changing information, such as time or temperature, by words, letters, or pictures represented by lights of uniform color on a black background.
(3) No illuminated sign shall be permitted within 50 feet of property in any Residential District unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
(4) No billboard or advertising sign shall be erected to exceed 20 feet above the ground level or 50 feet in length. The bottom coping of every ground sign shall be at least three feet above the ground or street level.
(5) All roof signs shall be so constructed as to leave a clear space of not less than six feet between the roof level and the lowest part of the sign. No portion of any roof sign shall project beyond an exterior wall. No roof sign shall be at any point over 24 feet above the roof level. Roof signs shall not exceed the height limit of the zoning district.
(6) Billboards and other similar outdoor advertising structures shall be erected or placed in conformity with the side and rear yard requirements of the district in which located; however, no billboard shall be erected or placed closer than within 100 feet of any Residential District, and it shall be setback from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district; and for every square foot by which such billboard exceeds 100 square feet such setbacks shall be increased by one-half foot but not to exceed 300 feet.
(7) No advertising sign shall be located in any area designated by the Common Council as one of scenic beauty or historical interest.
(8) No building walls shall be used for display of advertising, except that pertaining to the use on the premises.
(9) Temporary signs may be erected or posted for a period not to exceed 60 days. Any sign posted for a longer period must meet the requirements for permanent signs. No temporary sign shall exceed 150 square feet in area.
(10) A sign shall not be suspended across public streets or other public places, except as permitted by the Common Council.
(11) No sign shall be placed in any public right-of-way except publicly-owned signs, such as traffic-control signs and directional signs.
(12) Signs erected and overhanging any sidewalk must be placed at least nine feet above the sidewalk and may extend over the sidewalk a distance equal to two-thirds the width of the sidewalk, but in no case exceeding ten feet. This regulation does not imply any authority to grant the use of the public domain for private advertising.
(13) Pole signs shall be not over 30 square feet in area and shall be located not closer than ten feet to any street right-of-way line and five feet from any other property line.
(14) Professional signs for home occupations, where permitted, shall not exceed three square feet in area, provided such sign is a wall sign attached to the building.
(15) The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message. A sign designed to be viewed from two opposite directions shall be considered as one sign, provided that the two sign faces shall not be more than two feet apart if parallel, nor form an angle of more than 90 degrees if angular. Where more than one sign is permitted on a lot, the net sign area shall be the sum of those signs designed to be viewed from one direction, and such signs shall be not less than 20 feet apart.
(B) Residential Districts regulations. In Residential Districts, the following regulations shall apply.
(1) For single-family and multi-family dwellings, nameplates not to exceed two square feet in area shall be permitted for each dwelling unit, and such nameplates shall indicate nothing other than the name and/or address of the occupants, premises, announcement of boarders, or customary home occupation.
(2) For multi-family and group dwellings, identification signs not to exceed nine square feet in area shall be permitted, and such sign shall indicate nothing other than the name and/or address of the premises, and the name of the management. Such sign shall be attached flush with the principal building and may have indirect illumination.
(3) For announcement of church, school, or public building, bulletin boards or identification signs, not to exceed 30 square feet in area, shall be permitted, and such bulletin boards or identification signs shall indicate nothing other than the name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall be located not closer than one-half the required setbacks and may have indirect illumination.
(4) Only one sign per street frontage shall be permitted.
(5) Flashing or intermittent illumination is prohibited.
(6) Billboards and other advertising structures are prohibited.
(C) Commercial/Industrial District regulations. In the Commercial/Industrial District, the following regulations shall apply.
(1) For public recreation uses, community facilities, and medical facilities, bulletin boards or identification signs shall not exceed 20 square feet in area.
(2) For gasoline service stations, two pole signs not exceeding 30 square feet each in surface area. Other business signs, the aggregate area of which does not exceed one square foot for each one lineal foot of lot adjoining a public street.
(3) For other permitted principal uses, business signs shall be permitted as incidental uses not to exceed the number of signs, nor to exceed the net area for all such signs permitted as follows.
(4) Business signs not to exceed two square feet of surface for each one lineal foot of lot fronting on a public street, but in no case shall the surface area be limited to less than 50 square feet. All signs shall be mounted either on buildings or on sign display devices affixed permanently to the ground. All signs shall be located not closer to any property line than one-half the required setbacks.
(D) Permitted signs in any district. In any district, the following signs shall be permitted.
(1) For each permitted or required parking area that has a capacity of more than four cars, one non-illuminating sign, not more than two square feet in area, designating each entrance to, or exit from, such parking area, and one non-illuminating sign, not more than nine square feet in area, identifying or designating the conditions of use of such parking area.
(2) One non-illuminated “For Sale” or “For Rent” sign, not exceeding four square feet in area advertising the sale, rental, or lease of the premises on which the sign is located. A larger sign shall be permitted for two or more lots in single ownership or for properties in excess of 100 feet in width, provided that the area of such sign shall be increased on a graded scale of one square foot increase in area for each additional five feet of frontage over 100 feet, but in no case shall the sign exceed 200 square feet. Such sign shall be a ground or wall sign and located not closer than 20 feet from the street line.
(3) For each real estate subdivision that has been approved in accordance with the ordinances of the city, one sign not over 100 square feet in area, advertising the sale of property in such subdivision. Such sign shall be permitted only when located on some portion of the subdivision being advertised for sale and shall not encroach upon any required yard. Such sign may be illuminated, but no flashing, intermittent, or animated illumination is permitted. Such sign shall be maintained only during such time, as some portion of the land is unsold. Permits for such sign shall be issued for a one-year period and may be renewed for additional one-year periods.
(4) For construction on, or development of, a lot, one sign, not more than 12 square feet in area, giving the names of contractors, engineers, or architects, but only during the time that construction or development is actively underway.
(5) Signs established by, or by order of, any governmental agency.
(6) For special events of public interest, one sign, not over 24 square feet in area and located upon the site of the event. Such sign shall not be erected more than 30 days before the event in question and shall be removed immediately after such event. Also directional signs, not more than three square feet in area, showing only a directional arrow and the name of the event of public interest. Such sign shall not be erected more than ten days before the event in question, and shall be removed immediately after such event.
(E) Unsafe and unlawful signs. The following regulations shall apply to unsafe and unlawful signs and for the maintenance of signs whenever it shall appear to the Building Inspector that any sign has been constructed or erected, or is being maintained, in violation of the terms of this section, or is unsafe or insecure, such sign shall either be made to conform with all sign regulations as provided by this section or shall be removed within ten days after written notification thereof by the Building Inspector. Such sign shall be removed at the expense of the owner or lessee thereof.
(Prior Code, § 152.059)
§ 155.065 RECREATIONAL VEHICLE/TRAILER PARKING.
(A) For the purpose of this section, RECREATIONAL VEHICLES shall be defined as watercraft and their trailers, motorized RV’s, travel trailers, pull trailers, pick-up campers, tent trailers, and cases for boxes used for transporting recreational equipment or other private goods.
(B) Recreational vehicles shall be allowed to park for up to 48 hours on the city right-of-way under the following conditions, unless otherwise prohibited.
(1) The recreational vehicle must not be parked in such a way as to block a motorist’s view of traffic signs or obscure the view at an intersection.
(2) The recreational vehicle must not in any way interfere with snow removal or other city maintenance of city streets and rights-of-way.
(3) No part of the recreational vehicle shall extend within 20 feet of the driving lane or be within ten feet of the centerline of any street.
(4) No part of the recreational vehicle/trailer shall be a safety factor, or damage to the property upon which it sits.
(C) All recreational vehicles found to be illegally parked or in violation of this chapter shall be tagged by the Police Department and must be moved within 48 hours.
(1) The 48-hour time frame shall be defined as concurrent 48 hours from the initial stop time.
(2) Any movement from the original parked position does not constitute a new period of time.
(3) Any recreational vehicle not moved within that time frame shall be towed by the city and the owner shall be responsible for the towing bill, any storage costs, and, in addition, a fine of $100 for violation of this chapter, plus damages, if any; however, should the recreational vehicle be parked in such a manner as to be deemed an immediate threat to public safety, the Police Department may immediately tow said vehicle, and the owner shall be responsible for the towing fee plus any storage costs.
(Prior Code, § 152.060)
§ 155.066 DRIVEWAYS.
(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BOULEVARD. The portion of the public right-of-way which lies between the curb and gutter, and the adjacent property line, or if no curb and gutter is present, it is the portion of the public right-of-way which lies between the edge of the paved street and the adjacent property line.
(B) It shall be the responsibility hereafter and required of all property owners whose driveway connects to an existing paved street, paved alley, or crosses over a public parkway to install a nonporous concrete or bituminous driveway surface. The following are exceptions to this requirement:
(1) In locations where the existing street or alleyway providing access to the property is unpaved, the driveway shall be surfaced with asphalt, concrete, gravel, asphalt millings, or similar loose material.
(2) For property zoned Large Lot Single-Family or Agricultural, a paved surface is only required when the existing street providing access to the property is paved, in which case the paving of the driveway shall be required to extend only to the front setback and with a minimum width of 12 feet. Beyond the front setback, gravel, asphalt millings, or similar loose material is permitted.
(C) It shall be the responsibility hereafter and required of all property owners whose driveway crosses over any portion of any public sidewalk or public parkway to provide the costs for all materials, construction, and installation involved in surfacing the driveway with nonporous concrete or bituminous material.
(D) Where a driveway of any kind of material is constructed across the public sidewalk or public parkway, it shall conform to the sidewalk grades as established and designated by the official grades of the sidewalks of the city and the profiles on file in the office of the Public Works Supervisor.
(E) All driveways shall be so graded between the gutter and the sidewalk that it will not be necessary to change the established grade of either, and will not elevate or depress any portion of either. No part of such driveway shall extend beyond the curb line in such manner as to change the grade of such gutter or obstruct the free flow of water in such gutter. Where elevations or depressions are necessary in the parkway strip adjoining the curb and walks, the parkway shall be graded on both sides of the driveway to a distance sufficient to create a gradual ascent or descent. Where driveways cross open ditches in the parkways, adequate culverts shall be installed.
(Ord. 2022-04, passed 5-2-2022)