[R.O. 2008 §545.050; Ord. No. 4959 §1, 3-11-1991]
For the purpose of Sections 545.060 through 545.190, the following terms, words and phrases shall have the following meanings:
The entire width of a public way which extends only secondary
means of access to abutting property.
An independent contractor employed by a private property
owner to construct, reconstruct, alter, remove or replace a driveway
approach.
The point of intersection of lines of two (2) street curb
faces extended into the street intersection.
That portion of curb at the beginning of a driveway approach
which serves as a transition from the height of the curb to the level
of the approach.
An area intended for the operation of automobiles and other
vehicles giving access between a roadway and abutting property.
That portion of the driving surface of an improved street,
driveway approach or other public way which abuts the curb and provides
for the runoff of surface drainage.
A public street having concrete curbs or curb and gutters,
or other such equivalent physical features which serve to establish
a permanent street grade.
The general area where two (2) or more roadways meet, join
or cross at a common point establishing an area within which vehicles
traveling different roadways may come in conflict.
A lot, or lots, or a tract under a single ownership.
That portion of the street right-of-way of the roadway and
the adjacent property line, or lines, on the same side of the street,
except any portion used for sidewalks.
An owner or contractor holding a permit.
A drawing showing all of the important physical features;
both existing and proposed, of a given parcel of land.
The boundary between two (2) or more parcels of land.
Pertaining to the use of any area, structure or other facility
primarily for dwellings, either single-family or two (2) family.
A general term denoting public ownership or interest in land,
usually in a strip, which has been acquired for or devoted to the
use of a street or alley.
The boundary between any public street or alley and one (1)
or more parcels of private property.
That area of a street intended and used for vehicular travel.
That paved portion of a parkway intended for the use of pedestrians.
The entire width of a public right-of-way which extends primary
means of access to abutting properties.
A street not having concrete curbs, or curbs and gutters,
or other such equivalent physical features which serve to establish
a permanent street grade.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
[R.O. 2008 §545.060; Ord. No. 4959 §1, 3-11-1991]
No person shall operate a motor vehicle in such a manner as
to enter private property from a public street or leave private property
and enter a public street except at clearly defined curb openings
and approved driveway approaches.
[R.O. 2008 §545.070; Ord. No. 4959 §1, 3-11-1991]
It shall be unlawful for any person to construct, reconstruct,
alter, remove or replace any driveway approach, or any curb, guttering
or sidewalk in connection with any such driveway approach work, without
first applying for and receiving a permit for such work.
[R.O. 2008 §545.080; Ord. No. 4959 §1, 3-11-1991]
Applications for permit to construct, reconstruct, alter, remove or replace any driveway approach, or any curb, guttering or sidewalk in connection with such driveway approach work, shall be made to the Code Enforcement Officer. Applications shall contain such information as the Code Enforcement Officer shall deem necessary or desirable in order to determine whether or not application is for work acceptable and in conformity with the provisions of Sections 545.060 through 545.190 of this Chapter. An application for work other than residential shall include a complete plot plan, which shall show the specific application of all standards and regulations of Section 545.120. No application shall be accepted unless it be made by the owner of the property to be served by the driveway approach, or the owner's contractor.
[R.O. 2008 §545.090; Ord. No. 4959 §1, 3-11-1991]
The distances, widths or measurements set forth as a requirement
in this Article governing the location and width of driveway approaches
shall not apply to work performed under a permit involving the replacement
or repair of an existing driveway approach, provided such repair or
replacement shall not increase the degree of non-conformance of the
location and width of the driveway approach, and, provided further,
that when such repair or replacement of a driveway approach is being
performed in connection with new construction of a building on the
parcel of land served by said connection with new construction of
a building on the parcel of land served by said driveway approach,
then all distances, widths or measurements set forth in this Article
for driveway approaches shall apply to such repair or replacement.
[R.O. 2008 §545.100; Ord. No. 4959 §1, 3-11-1991; Ord. No. 7053 §1, 9-22-2008]
A.
The
following provisions, requirements and regulations shall apply to
all driveway approach construction, reconstruction, alteration, removal
or replacement:
1.
There shall be no continuous or unbroken opening from the street
along the entire length of the abutting parcel of property.
3.
There shall be no curb opening on the curb return at any street intersection.
4.
(Reserved.)
5.
A minimum of twelve (12) inch, fourteen (14) gauge corrugated metal
pipe, concrete pipe, reinforced concrete pipe, or similar materials
approved by the Maryville Street Superintendent shall be used for
storm drains underneath driveway approaches. The design of all such
drainage structures shall be subject to the approval of the City.
6.
All materials used in the construction, reconstruction, alteration,
removal or replacement of driveway approaches to improved streets
shall conform to concrete paving specifications on file in the office
of the Code Enforcement Officer.
7.
During the construction, reconstruction, alteration, removal or replacement
of driveway approaches, warning lights and barriers and other necessary
similar devices shall be maintained by the permittee sufficient to
reasonably protect the traveling public from harm.
8.
No concrete shall be placed until the necessary form work and excavations
have been inspected by the Code Enforcement Officer or his/her authorized
representatives. It shall be the duty of the permittee to arrange
for such inspections prior to the placing of concrete.
9.
No driveway approach shall be permitted which will interfere with
any existing parking meters, signs, traffic control devices, plantings,
cables, poles, guys, water mains, gas mains or other public utilities.
It shall be the responsibility of the applicant to inform the Code
Enforcement Officer, or such person unauthorized by the Code Enforcement
Officer to issue permits required by this Chapter, that the proposed
construction will interfere with one (1) or more of the facilities
indicated above. The City may, where it deems appropriate, allow the
property owner to relocate any interfering utilities, signs, and other
obstacles within the control of the City at the property owner's expense.
All modifications and relocations must meet existing City specifications.
10.
It shall be the duty of the permittee, after all work has been completed,
to remove all rubbish, waste and excess materials and to restore immediately
the street right-of-way area to a neat, clean and safe condition.
11.
All distances, widths or measurements set forth or required in this
Article governing the location and width of driveway approaches shall
be computed by measuring along the abutting street right-of-way line
unless otherwise specifically provided.
12.
A permittee shall, prior thereto, notify the Code Enforcement Officer
of the date work is to commence. If work is not commenced within thirty
(30) days from the date of permit issuance, the permit shall become
void. All work shall be completed within sixty (60) days from the
day it begins.
13.
Type of surfacing. Driveway approaches from improved
streets shall be paved with six inches (6) of plain concrete. When
such an approach crosses an existing sidewalk, the area of the sidewalk
within the driveway approach, and for a distance of eighteen inches
(18) to either side of the driveway approach, shall be paved with
six inches (6) of plain concrete. Where existing curb removal is necessary,
the curb and a portion of the roadway to extend to two (2) feet from
behind the curb shall be removed and replaced with materials equal
to or greater than the existing roadway.
14.
Grade. The grade of driveway approaches from the
gutter line of improved streets shall rise on a constant grade to
the nearer edge of an existing sidewalk. If there is no sidewalk existing,
driveway approaches shall rise from the edge of the roadway to the
elevation of the center grade of the street or from the gutter line
of an improved street to the elevation of the top of the curb.
[R.O. 2008 §545.110; Ord. No. 4959 §1, 3-11-1991]
A.
In addition to the requirements of Section 545.100 of this Chapter, and except as otherwise provided by Section 545.090, the construction, reconstruction, alteration, removal or replacement of all residential driveway approaches shall conform to the following regulations.
1.
A minimum of twenty (20) feet shall exist between the interior lines
of any two (2) driveway approaches serving the same parcel of property.
2.
Residential driveway approach grades shall conform with the provisions of Subsection (14) of Section 545.100.
3.
Driveway approaches on corner lots shall be no closer than twenty
(20) feet from the nearest right-of-way line of an intersecting street.
4.
Residential driveway approaches shall not exceed a maximum width
of thirty (30) feet, measured at the property line. The maximum width
of a curb opening for a residential driveway shall not exceed forty
(40) feet.
5.
A five (5) foot radius curb return shall be provided for all driveway
approaches to permanent streets. A smaller radius return may be authorized
by the Code Enforcement Officer for driveways wider than twenty (20)
feet. In no instance shall the curb return radii extend beyond the
sidewalk line on the roadway side.
6.
Due to the lack of a defined radius return on driveway approaches
to an unimproved street, the minimum width of such driveway approaches
at the grader ditch line shall be twenty-four (24) feet and the minimum
length of drainage tube shall be the same.
[R.O. 2008 §545.120; Ord. No. 4959 §1, 3-11-1991]
A.
In addition to the requirements of Section 545.100 of this Chapter, the construction, reconstruction, alteration, removal or replacement of all driveway approaches other than residential shall conform to the following regulations:
1.
Driveway approach location. All driveway approaches
shall be located to provide the following minimum clearances:
|
|
Nearest edge of driveway approach to nearest edge of another
driveway approach serving the same parcel of land
|
20 feet
|
|
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Nearest edge of driveway approach to property line
|
5 feet
|
|
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On corner lots, nearest edge of driveway approach to nearest
right-of-way line of an intersecting street
|
20 feet
|
2.
Radius of returns (radius at back of curb in feet). The maximum radius
return radius shall be twenty (20) feet.
[R.O. 2008 §545.130; Ord. No. 4959 §1, 3-11-1991]
The Code Enforcement Officer shall be responsible for providing all inspections required to determine that driveway approaches are constructed, reconstructed, altered, removed or replaced in accordance with the provisions of Sections 545.050 through 545.130 of this Chapter, and he/she is hereby granted authority to make and adopt such rules and regulations and such standard plans and specifications as he/she deems necessary to implement and carry out the true meaning and purpose of Sections 545.050 through 545.180 or the applicable regulations or standard plans and specifications adopted by the Code Enforcement Officer under the provisions of this Section. Any person served with a stop work order who shall fail to stop work or who shall continue such work shall be guilty of a ordinance violation. Whenever the Code Enforcement Officer or his/her authorized agent shall issue a stop work order he/she shall, as soon as reasonably possible, advise the permittee of his/her reasons for doing so.
[R.O. 2008 §545.140; Ord. No. 4959 §1, 3-11-1991]
A.
Whenever the Code Enforcement Officer shall find that any driveway approach or related work has been hereafter constructed, reconstructed, altered, removed or replaced in violation of the requirements of Sections 545.060 through Section 545.160 of this Chapter, or the applicable regulations or standard plans and specifications adopted under the provisions of Section 545.130, he/she shall by written order, direct the owner of the premises to correct the violation thereon, setting forth in said order the nature of the violation within the time provided in the order.
B.
Whenever
the Code Enforcement Officer shall find that a driveway approach heretofore
in existence is contrary to the standards for driveway approaches
set forth, in that such driveway approach presents a clear and present
danger to persons traveling upon the abutting roadway, he/she shall
by written order direct the owner of the property upon which such
driveway approach is located to remove the approach and restore the
curb or alter the approach if it might thereby be rendered safe. The
order shall set forth the reasons for its issuance and shall clearly
advise the owner as to the nature of the work he/she should perform,
giving a reasonable time for the completion thereof. It shall be unlawful
for the owner to fail to comply with such order within the time specified
herein.
C.
Any order required or given under the provisions of this Section or Section 545.150 may be served on the owner of record by personally delivering a copy thereof to such owner or by mailing a copy thereof by registered mail to the owner's last known address; and if there should be more than one (1) owner, then by such service upon any one of them. In the event the owner is unknown, or his/her whereabouts unknown, the Code Enforcement Officer shall post the order on the premises where the violation occurs or where the approach is to be removed or altered.
[R.O. 2008 §545.160; Ord. No. 4959 §1, 3-11-1991]
Whenever a driveway approach has been abandoned, either by closing
the entrance to the property served or by changing the use of the
property served so that the driveway approach is no longer necessary
or usable, it shall be the duty of the owner of the property served
by said approach to remove the driveway approach, restore sidewalk,
curb, gutter and parkway to the line and grade of the adjoining sidewalk,
curb, gutter and parkway within twenty (20) days after receiving a
notice ordering such removal from the Code Enforcement Officer.
[R.O. 2008 §545.170; Ord. No. 4959 §1, 3-11-1991]
It shall be unlawful for any person to erect or permit the erection
of any wooden or metal ramp from the gutter line to the top of the
curb of any public street, and it shall be unlawful to place dirt,
ashes, drain pipes, asphalt, concrete or other materials in the gutter
of a public street in order to make an approach to a driveway, parking
lot or entrance way to a building upon private property, except that
nothing contained in this Section shall be taken to prohibit temporary
driveway approaches or curb bridging ramps necessary or reasonable
to construction projects, household moving activities or other related
activities, if done in such a manner as to protect public improvements
and rights-of-way.
[R.O. 2008 §545.180; Ord. No. 4959 §1, 3-11-1991]
Any permittee or other person who shall construct, reconstruct, alter, remove or replace any driveway approach or related work except in conformity with Sections 545.060 through 545.150 of this Chapter; or who shall otherwise violate or refuse to obey any of the rules, regulations or standard plans and specifications adopted by the Code Enforcement Officer pursuant to Section 545.130 of this Chapter; or who shall refuse to obey any lawful order given by the Code Enforcement Officer, shall be guilty of a ordinance violation.
[R.O. 2008 §545.190; Ord. No. 4959 §1, 3-11-1991]
No change or improvement shall be made on parkways without first obtaining a permit and the application shall be of the type referred to in Section 545.080. No trees, shrubbery or other vegetation shall be planted on the parkway without first obtaining a permit. No drainage tube shall be placed on the parkway except as permitted above.
[R.O. 2008 §545.200; Ord. No. 4959 §1, 3-11-1991]
The Code Enforcement Officer shall issue a permit for the planting
of trees, shrubbery and other vegetation on parkways where the same
will not, in the opinion of the Code Enforcement Officer, interfere
with the visibility of motor vehicles or be otherwise undesirable.
Nothing herein contained shall prevent the planting of blue grass
or other type grass on the parkways.
