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17.28.110 Driveways - Permits and Conditions.

(Amended by Ordinance Nos. 177028, 179845, 182760, 184957 and 186083, effective July 12, 2013.)  Upon appropriate application and payment or fees, as provided in Chapter 17.24, the Director of the Bureau of Transportation may issue a permit to construct a driveway in the street area subject to the following conditions:

A.  All driveways shall be constructed according to plans, specifications, and any special conditions fixed by the City Engineer.

B.  Location.  No portion of a driveway, excluding ramps if required, shall be located closer than 25 feet from the corner of a lot where two streets intersect.

C.  Width of driveways.  A permit to construct a driveway in the street area is subject to the following width provisions:

1.  Residential driveway:

Private Property Frontage

Minimum Width Maximum Width
25 ft. or less 9 ft. 12 ft.
26 ft. to 50 ft. 9 ft. 20 ft.
51 ft. to 75 ft. 9 ft. 25 ft.
76 ft. to 100 ft. 9 ft. 30 ft.

More than one driveway may be allowed for frontage up to 100 feet with the approval from the Director of the Bureau of Transportation and the City Traffic Engineer.  No less than 5 feet of straight curb must separate service driveways regardless of  ownership.  Each 100 feet of frontage, or fraction thereof, under single ownership shall, for purposes of this Chapter, be considered a separate frontage.

2.  Commercial driveway:

Private Property Frontage    Minimum Width      Maximum Width
50 ft. or less 10 ft. 20 ft.
51 ft. to 100 ft. 20 ft.*  30 ft.

*A commercial driveway for a residential use that provides access for 10 parking spaces or less can be a minimum width of 10 feet, provided the access is on a local service street and will be designed to allow forward motion of all vehicles.  However, the City Traffic Engineer may establish conditions regarding width that are deemed necessary to ensure the safe and orderly flow of pedestrians, bicycles and vehicular traffic.  These conditions are based on evaluation of speeds, volumes, sight distance, and any other transportation factors that are relevant.

More than one driveway may be allowed for frontage up to 100 feet with the approval from the Director of the Bureau of Transportation and the City Traffic Engineer.  No less than 5 feet of straight curb must separate service driveways regardless of ownership.  Each 100 feet of frontage or fraction thereof under single ownership shall for purposes of this Chapter be considered a separate frontage.

3.  Driveways shall be measured lengthwise with the sidewalk on the property line side, and such measurement shall not include the width of ramps extending to the regular sidewalk grade.  Ramps, if required, do not constitute part of required minimum or allowed maximum width.  Determination of the need or appropriateness of ramps shall be within the sole discretion of the City Engineer.

4.  Any driveway at variance with these width limitations shall not be permitted unless the Director of the Bureau of Transportation specifically approves or requires the same.  Any applicant requesting a driveway at variance with these standards shall provide such information as the Director of the Bureau of Transportation and the City Traffic Engineer may require in support of the application.  The Director of the Bureau of Transportation may establish conditions deemed necessary to insure the safe and orderly flow of pedestrian and vehicular traffic and the decision of the Director of the Bureau of Transportation as to the widths and location of driveways shall be final and conclusive.

5.  The Director of the Bureau of Transportation may require joint or shared use of a driveway by two properties in separate ownership.  The Director of the Bureau of Transportation may establish conditions regarding the number, configuration, and use of driveways necessary to ensure the safe and orderly flow of pedestrians, bicycles, and vehicular traffic, preserve on-street parking, preserve or establish street trees, maximize opportunities for vegetated stormwater management, reduce conflicts with pedestrians and bicycles and enhance the pedestrian environment.

D.  The Director of the Bureau of Transportation may refer any driveway permit application to the City Traffic Engineer and/or the Oregon Department of Transportation as appropriate, for a review of the location and width.  The City Traffic Engineer shall recommend such conditions and limitations regarding the location and operation of driveways as are found necessary to insure the safe and orderly flow of pedestrian, bicycles and vehicular traffic and preserve on-street parking.

E.  The Director of the Bureau of Transportation may require any applicant for a driveway permit to provide evidence that the proposed driveway will access legal parking and maneuvering space on property as set forth in Title 33, Planning and Zoning regulations.  The Director of the Bureau of Transportation may refuse to issue a permit if the applicant cannot show evidence that on property parking and maneuvering space is in compliance with Title 33, Planning and Zoning regulations.

1.  If the Director of the Bureau of Transportation finds that a property owner is permitting access where a properly constructed driveway does not exist, the Director of the Bureau of Transportation may post notice and require termination of access or construction of a driveway in accordance with the requirements of this Chapter.

F.  Revocability of driveway permits.

1.  The Director of the Bureau of Transportation may revoke any driveway permit or require the modification of any driveway if:

a.  The area occupied by the driveway is needed for the public convenience;

b.  Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; or

c.  The abutting owner has failed to comply with all specifications and conditions of the permit; or

d.  The driveway does not access legal parking and maneuvering space on abutting property.

2.  The Council may revoke any driveway permit if they deem such action will be in the public interest.

G.  Enforcement powers.  Within 60 calendar days of written notice from the Director of the Bureau of Transportation to close or modify a driveway, the abutting property owner shall obtain any required permits and make the required corrections.  If the abutting owner fails to make the required corrections within 60 calendar days, the City may perform the required work at the expense of the abutting property owner and the cost shall be determined and assessment made as provided in this Chapter.