§ 37-128. Driveways and vehicular access.

Proper location, spacing, and design of curb cuts and driveways is important to maintain the safety and efficiency of public roadways. The following regulations have been developed to ensure that developments along public roadways will have as minimal an impact as possible on roadway traffic, while still providing each property a means of access:

(1)

Each lot of record shall have access to a public street, either directly, or indirectly by a private drive or street. Where the sole access to a lot is a private drive or street, such drive shall be reserved by a recorded private easement or common ownership. The entrance onto the public street shall be constructed in accordance with the provisions shown in figure B. Beyond the entrance, a private drive or street shall be paved with a sealed surface pavement which meets the requirements of section 23-211(2), and shall be maintained free of holes, mud, dust, and debris. Private streets and drives are not maintained by the city.

(2)

No driveway, pavement, or curb, shall be constructed or altered except at such location and to such dimensions and grades as shall be designated and approved by the engineering division of the department of public works and in accordance with these provisions.

(3)

Excepted as provided in section 37-131(3), all driveways shall be so located that no portion of the drive shall encroach on the frontage of adjacent property.

(4)

If a proposed subdivision of nonresidential land would result in additional curb cuts being allowed, the applicant shall be required to file joint access agreements of record in the county courthouse to limit the number of driveways to the number available before the subdivision. The applicant may submit a written request for waiver of this requirement to the planning commission at the time of application for a lot split, minor subdivision or preliminary plat.

(5)

The requirements of section 37-130 do not apply to a driveway which intersects an alley.

(6)

The amount of lot width shall provide the basis for determining the maximum driveway width allowed as indicated in section 37-129, with the measurement of the width of the lot to be calculated at the property line; with the exception of cul-de-sac lots for which the width of the lot shall be measured at the zoning imposed front building setback line.

(7)

Regardless of the driveway width utilized, the driveway return radius shall not extend past the property line, except as specifically allowed within section 37-131(7), unless this requirement is waived with just cause by the city engineer and written consent is obtained from the owner of the adjacent lot upon which the radius encroachment will occur.

(Code 1966, § 19-22(d); Code 1982, § 27-84(A); Ord. No. 2326, § 3, 7-11-1988; Ord. No. 2398, § 1, 1-7-1991; Ord. No. 2527, § 1, 3-4-1996; Ord. No. 2782, § 1, 6-16-2003)