§ 37-131. Exceptions and modifications.

Where applicable, the following provisions shall modify the foregoing requirements.

(1)

Uses utilizing a one-way driveway loop system may have two curb cuts regardless of lot frontage provided:

a.

The entry and exit drives are clearly signed;

b.

Parking spaces are angled to allow parking only in the direction of the designated loop;

c.

When the driveways onto arterial streets will be separated by less than 50 feet, centerline to centerline, the exit drive will be for right-hand turns only;

d.

Sight triangle requirements shall not apply to entry only driveways.

(2)

Automobile service stations, truckstops, drive-in banks, and convenience stores are very car intensive land uses which may require special consideration. Except for intersection separation requirements, modifications to these regulations may be granted by the city engineer for these uses when it has been shown that alternative site arrangements that meet the requirements of this section are not functional.

(3)

Where joint access drives are utilized, covenants which run with the land shall be filed in the county courthouse ensuring future use of the drive by those properties which contain only part or none of the driveway.

(4)

Driveways entering streets or alleys not permanently surfaced shall meet the same general requirements as set out for driveways entering paved streets and alleys with the following additional requirements:

a.

The engineering division of the department of public works may require a gutter two feet wide to be constructed integral with the driveway pavement for the full width of the driveway entrance; or

b.

The engineering division of the department of public works may require the right-of-way ditch to be replaced by a culvert, provided that the culvert shall be of a size adequate to handle the expected flow of stormwater without damage to street or alley but in no case shall the culvert be less than 15 inches in diameter. Where a culvert is installed, the engineering division of the department of public works may require that the culvert not be covered by permanent surfacing.

(5)

If paving or general improvements are made to an unpaved street, any concrete work done on the street for a driveway shall be taken up and replaced at the owner's expense to conform to the newly or subsequently established grade.

(6)

Residential driveways may exceed the width requirements of section 37-129(2) under the following circumstances and be constructed as indicated:

a.

Driveways serving duplexes with adjoining two-car garages may be constructed up to 48 feet wide.

b.

A residential lot utilizing a circle drive with two curb openings shall not exceed an aggregate total driveway width at the property line of 42 feet, with no single driveway width to exceed the maximum width otherwise allowed by the lot width.

c.

A corner residential lot shall be bound by the provisions of subsection (6)b of this section for a circle drive and entitled to an additional third access drive of no more than 22 feet in width if desired as long as the standard separation distance from the street intersection is complied with.

d.

Driveways fronting on cul-de-sacs or similar eyebrow half-street circles may be constructed up to 28 feet in width, regardless of the width of the lot at the property boundary, as long as the driveway maintains a separation from any adjoining interior property line of at least five feet at the front property line.

(7)

The requirement that no portion of a driveway shall encroach upon the frontage of an adjacent property may be waived by the city engineer without written consent from the adjacent property owner where the location of a driveway serves a zero lot line single-family dwelling, a cul-de-sac or eyebrow half-circle lot configuration with severe lot line angles to the street, a driveway connection to a private street within a planned development, or in the case of a joint access driveway that requires an entrance return radius in the public right-of-way which extends into the adjacent lot's frontage.

(8)

If a proposed curb cut or driveway is in general conformance with the minimum standards of this section, but is determined by the city engineer to otherwise constitute a traffic hazard, the permit required by section 37-132 shall be denied. Such decision may be appealed to the board of adjustment.

(Code 1966, § 19-22(d); Code 1982, § 27-84(D); 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)