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HomeMy WebLinkAbout1957-B-1996 475 , ORDINANCE NO. B -1996 AN ORDINANCE relating to residential and commercial driveway approaches and curb cuts; regulating size, location, number and construction of same; providing for variances; providing a penalty for the violation of this ordinance and repealing all ordinances and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. DEFINITIONS: For the purpose of this the following 11 definitions shall apply. .(a) Driveway: A driveway is an area on private property where automo- biles and other vehicles are operated or allowed to stand. (b) Driveway Approach: A driveway approach is an area construction or improvement between 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, in- tended 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 the Sidewalk section. (c) Apron: 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. (d) End Slopes: The end slopes are those portions of the driveway app- roach 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. (e) Sidewalk Section: The sidewalk section is that portion of the drive- way approach lying between the back edge of the sidewalk and theapron plus the end slopes measured at the front edge of the sidewalk. (f) Curb Return: The curb return is the curved portion ofa street curb at street intersections or the curved portion of a curb in the end slopes of a drive - way approach. Section 2. Permit Required: No person, firm or corporation shall remove, alter, or construct any curb, sidewalk, driveway approach, gutter, pavement, or other improvement in any public street, alley or other property owned by or dedicated to or used by this City and over which it has jurisdiction to regulate the matters covered hereby, without first obtaining a permit from the Building Inspector, and no,permit shall be granted for driveways other than residential until the applicant shall file with the Building Inspector for his approval two copies of a drawing showing the loc- ation and size of all such proposed improvements to serve the property affected. In case of new construction being supervised by an inspector from the engineering department, no permits will be required for the curb cuts. Section 3. Application for Permit: Application for permits to construct such improvements shall be made to the Building Inspector on forms provided for that purpose. " Section 4. Approval of Application and Issuance of Permit: Before app - roving the drawing of such improvement and issuing the permit, the Building Inspector shall determine that the proposed improvement is in conformance with the provisions and standards hereinafter set forth. Section 5. Prohibited Locations: (a) No driveway approach shall be permitted to encompass 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. No driveway approach shall be so located as to create a hazard to pedestrians or motorists, or invite or compel M- il egal or unsafe traffic movements. (b) At street intersections no portion of any driveway approach, includ- ing end slopes, shall be permitted between the limits of the intersection of the pro- longed 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, includ- ing end slopes, shall be permitted between the limits of the intersection of the pro- longed back edges of the sidewalks and the curb, or in any designated cross walk, ex- cept 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 x(25') or more, driveway approaches, including end slopes, may encroach upon each end of the return for a distance equal to twelve and one -half per cent (122) of the total length of the arc of the curb return, thus leaving at least seventy - five per cent (75 %) of the length of the arc of the curb return face free from drive- way 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 curve is twenty feet (20') or less. Section 6. Length of Driveway Approach Apron: The length of driveway approach aprons shall not exceed the following dimensions: (a). For residential driveways, twelve feet (12') for single driveways and twenty feet (20') 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 (30') in length if the property abuts a street where the prima facie speed is 25 miles or less per hour; or thirty -five (35') where the prima facie speed limit is above 25 but under 45 miles per hour; or forty feet (40') where the prima facie speed limit is 45 or more miles per hour; but any length in excess of thirty -five feet (35')) is subject to the approval of the City Engineer. e A safety island of not less than twenty feet (20') 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 direct- ly in front of property owned or underthe 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 adjoining property owner. 476 ORDINANCE NO. B -1996 (d) Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway approach with a standard curb and sidewalk to be constructed, according to the City's general specifications. Section 7. Construction Details: (a) All driveway approaches between the curb line and the property line shall be constructed of Portland cement concrete except as provided in Section 9. The concrete of the driveway approach, including the sidewalk section, shall be a minimum of four inches (4 ") thick for residential approaches and six inches (6 ") thick for commercial approaches. (b) The sidewalk section of the driveway approach shall be finished and scored as specified by the City Engineer for typical sidewalk construction. Apron and end slope areas of the driveway approach shallb e finished, after trowelling smooth and scoring, with a fiber push broom drawn over the surface parallel to the curb line. (c) Driveway approaches shall be constructed in accordance with the standard plans for driveway approaches as filed with the City Clerk, copy of which will be furnished applicant at the time the application is filed. Section 8. Driveway Approaches Near Alleys: Drive a located within five feet (5') of the existing curb return at an alley intersection may be merged with the alley intersection pavement, $hies 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 (40'). Section 9. Areas of Limited Street Improvements: (a) Where standard gutters and , urbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the drive- M rs approach from the applicant curb line to the applicant's premises of the same materials as e used for paving 's premises. Such driveway approach shall be construct- ed to established grade and shall be adequate and suitable for the traffic to be car- ried 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 in- stall concrete driveway approaches. (b) Where standard gutters and curbs have not been installed, the apron lengths set forth in Section 6 shall be measured along the property line and there shall be not less than twenty feet (20') of frontage between driveway approaches ser- ving 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 Engi_ne'er, is con - structed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from applicants property will be restricted to the estab- lished driveway approaches. Pursuant to th`e 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 b carried, and does not interfere with proper street drainage. 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 safe decellaration 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 re- quire applicant to construct a suitable traffic island or curb to provide for the protection of such municipal facilities as may be necessary. Section 10. Public Property: City street rights of way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the private property lines. Section 11. Unusual Condition: The City Engineer is hereby authorized to grant in writing variances from the regulations and requirements of this ordinance, providing he first determines that the following conditions are present: (a) The variance requested arises from peculiar physical conditions not ordinarlly existing in similar districts in the City; (b) That the variance requested is not against the public interest, particularly safety, convenience, and general welfare; (c) That the granting of the permit for the variance will not adversely affect the rights of adja- cent property owners or tenants. Section 12. Saving Clause: If any secti on or part thereof of this shall be held illegal, unconstitutional, or void, this shall not be construed to render void any other provision or requirement of this ordinance. Section 13. Penalties: Any person, firm or corporation violating any of the provisions of this ordinance, or causing, permitting or suffering the same to be done, shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Hundred Dollars ($100.00). For such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permit- ted. Section 14. Repeals: All ordinances or parts of ordinances of this City in conflict herewith are hereby repealed. 47 ORDINANCE NO. B -1996 PASSED BY THE CITY COMMISSION, signed and approved this 4th day of Feb- ruary, 1957. ATTEST: J. A. SMITH ( S E A L ) JOE K. ALDERSON CITY CLERK MAYOR I hereby certify that the foregoing is a true; full and correct copy of Ordinance No. B -1996 entitled "AN ORDINANCE relating to residential and commercial driveway app- roaches and curb cuts; regulating size, location, number and . construction of same; pro- viding for variances; providing a penalty for the violation of this ordinance and re- pealing.all ordinances and parts of ordinances in conflict herewith as passed on the 4th day of February, 1957, and that the same has been published as required by law. .---- ■ Z C L E R K 1 • • 11