Chapter 12.04
DRIVEWAYS
Sections:
12.04.040 Permit – Application – Fee.
12.04.045 Permit – Fee exceptions.
12.04.050 Compliance with ordinances.
12.04.070 Location of driveways.
12.04.090 Width of driveways – Residential.
12.04.095 Width of driveways – Nonresidential.
12.04.100 Width of driveways – Nonresidential – Exceptions.
12.04.110 Abandoned driveways.
12.04.120 Modification of existing driveways.
12.04.130 Separate units of operation.
12.04.140 Construction – Materials.
12.04.150 Paved or hard-surfaced areas served by driveways.
12.04.160 Driveways across drainage ditches.
12.04.170 Maintenance of improvements.
12.04.180 Application to local improvement districts.
12.04.190 Inspection – Notice to public works director.
12.04.200 Violations – Penalties.
12.04.010 Purpose.
The purpose of this chapter is to establish standards for and to regulate the location, size, and construction of driveways in order to provide safe and efficient entry onto and exit from roadways and for the protection of pedestrian traffic on the sidewalk area. Any access from a public roadway to private property hereafter provided, constructed, altered, or repaired shall be by means of driveways which comply with the provisions of this chapter. [Ord. 166 § 1.01].
12.04.020 Definitions.
The following words and phrases shall, when used in this chapter, have the meanings attributed to them in this section.
“Change of use” means any change of purpose for which any land, building, or structure is occupied, maintained, arranged, designed, or intended.
“Driveway” means any area, construction, or facility between the roadway of a street and private property to provide access for vehicles from the roadway of a street to private property.
“Parking strip” means the area between the roadway and the property line, excluding the sidewalk, if any.
“Person” means any person, firm or corporation.
“Public works director” means the director of public works of Richland or his duly authorized representative or delegate.
“Roadway” means the paved, improved, or proper driving portion of a street, designed or ordinarily used for vehicular travel.
“Sidewalk” means that portion of the space lying between the street roadway or curb line and the property line which is reserved for sidewalks, either existing or proposed.
“Street” includes any street, alley, or other public place within the city of Richland. [Ord. 166 § 1.02; Ord. 40-83 § 1.01].
12.04.030 Permit – Required.
No person shall commence work on the construction, alteration, repair or removal of any driveway or the paving of any parking strip on any street or other public way in the city of Richland without having first obtained a written permit issued pursuant to this chapter. [Ord. 166 § 1.03; Ord. 40-83 § 1.01].
12.04.040 Permit – Application – Fee.
Any person requesting such permit shall file written application therefor with the public works director. Such application shall be made on a form provided by the public works director for that purpose, and shall contain the following information:
A. The name and address of the applicant;
B. The name and address of the owner of the property abutting the street where the work is proposed;
C. The exact location of the proposed work giving the street address or legal description of the property involved;
D. A detailed plan showing the exact dimensions of the abutting property and the exact dimensions and location of all existing or proposed driveways and other pertinent features within the limits of the frontage of said property;
E. The plan shall also show the location of the buildings, loading platforms or off-street parking facilities being served or to be served by such driveways.
The fee for each permit shall be $40.00 which shall accompany the application. The permit shall be valid for a period of 120 days. If work is not commenced within such period, a new permit will be required. [Ord. 166 § 1.04; Ord. 16-79 § 1.02; Ord. 40-83 § 1.01].
12.04.045 Permit – Fee exceptions.
The public works director may waive the permit fee in those cases where an existing driveway is being extended to an existing curb cut and sidewalk, where existing sidewalks are being repaired or removed and replaced, or the work being performed is so minor that, in the opinion of the public works director, a fee is not warranted. [Ord. 40-83 § 1.01].
12.04.050 Compliance with ordinances.
No permit shall be issued where it appears that the proposed work, or any part thereof, conflicts with the provisions of this chapter or any other ordinance of the city of Richland, nor shall the issuance of a permit be construed as a waiver of the requirements of any other ordinance of the city which applies to the proposed work. [Ord. 166 § 1.05].
12.04.060 Specifications.
All construction outlined in this chapter shall be performed in accordance with the city of Richland’s specifications issued by the department of public works in effect at the time construction is performed.
All residential and nonresidential driveways shall be constructed in accordance with the design standards set forth on the drawings entitled “Residential Driveway” and “Nonresidential Driveway,” dated January 1, 1983, and the city of Richland standard specifications on file in the office of the public works director. [Ord. 40-83 § 1.01].
12.04.070 Location of driveways.
No driveway shall be so located as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements. Unless otherwise approved by the public works director for good cause, all driveways including any radius returns shall be confined within lines perpendicular to the curb line and passing through the property corners.
No driveway shall be located closer to the intersection of two streets than 25 feet, measured from the nearer boundary of the right-of-way of the street which intersects with the street the driveway enters to the start of the radius of the curb on the street side for the driveway.
If a driveway would impede the flow of traffic at an intersection, the public works director may restrict the direction of traffic movement to and from the driveway.
There shall be not more than two driveways on one street for any one ownership except as provided in RMC 12.04.130. The public works director may require common access points for separate ownership if, in the opinion of the public works director, separate access for each ownership onto the street will jeopardize motorists and pedestrians or impede the flow of traffic on the street. [Ord. 166 § 1.06; Ord. 40-83 § 1.01].
12.04.080 Existing utilities.
No driveway shall be constructed in such manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure, when necessary to do so, shall be borne by the permit holder. Said relocation of any street structure shall be performed only through the department of the city having responsibility for the particular structure involved. [Ord. 166 § 1.08].
12.04.090 Width of driveways – Residential.
The width of any driveway at the curb shall not exceed 35 feet, nor be less than 10 feet, both exclusive of the transitions in the curb sections except as otherwise provided in this chapter. If no curb has been installed, then the width of the driveway shall be measured at the line where a curb would be required to be placed under ordinances of the city then in force governing the location of curbs. Except as provided in RMC 12.04.120, the total width of all driveways for any one ownership along the street shall not exceed 50 percent of the frontage of that ownership along the street, unless the frontage is less than 60 feet. If the frontage is less than 60 feet, then there may be one driveway not more than 30 feet in width. [Ord. 166 § 1.09; Ord. 40-83 § 1.01; Ord. 04-11 § 1.01].
12.04.095 Width of driveways – Nonresidential.
All driveways other than a single residence driveway shall be considered nonresidential and be installed where customer, visitor and/or tenant parking areas are involved. The minimum width for two-way operation shall be 35 feet and 15 feet for one-way operation. Standards for driveway installation shall be as follows:
A. Construction shall be per current city of Richland standard details drawing.
B. Maximum driveway slope between parking lot and street shall be 10 percent (one and one-fourth inch per foot).
C. The curb crossing the driveway shall be a drop type curb in which the face of the curb shall be a maximum of one-half inch and back of curb one and one-half inches maximum. Drop curb shall slope to drain and match standard curb and gutter in street.
D. Curb drops shall be provided for the handicapped on each side of the driveway. [Ord. 28-78 § 1.01; Ord. 40-83 § 1.01; Ord. 11-07].
12.04.100 Width of driveways – Nonresidential – Exceptions.
The public works director may issue a permit for driveways deviating from the standards set forth herein, provided the safety of pedestrians and motorists is not jeopardized or traffic flow is not impaired by the deviation. The public works director may issue a permit for the following deviations:
A. To allow a residential type driveway constructed to nonresidential width standards where the number of parking spaces required in RMC 23.54.020 is 20 or less and the anticipated peak hour traffic and trip generation can be shown through standard traffic engineering practices to be 40 vehicles or less. Peak hour traffic shall be defined as the combined number of vehicles entering and exiting a piece of property within the busiest 60 minutes on the busiest day of the week.
B. If the parking and peak hour traffic conditions in subsection (A) of this section are met and the physical boundaries and configuration of the property make the construction of the standard width or curb radius impractical, the width excluding the radius of the curb return for nonresidential driveways and the transition for residential driveways may be reduced to 30 feet. The radius of the curb returns and any modifications in the construction of the curb section to improve access shall be determined by the public works director but in no case shall the radius be less than 10 feet. The driveway width for secondary driveways on nonarterial streets, where in the opinion of the public works director a wider driveway cannot be constructed, may be reduced to 24 feet.
C. A two-way driveway may be widened from 36 feet to a maximum of 60 feet.
D. A one-way driveway may be widened from 15 feet to a maximum of 20 feet.
E. Delete the concrete curb returns on streets without curb and gutters and in which there is no future requirement for curbs and gutters on the street.
F. In the industrial zoning districts, the driveway width may be widened to support large truck traffic as follows; provided, that the total nominal width of all driveways on a street for any one ownership shall not exceed 40 percent of the property frontage:
1. A one-way driveway may be widened to a maximum of 40 feet.
2. A two-way driveway may be widened to a maximum of 100 feet. [Ord. 166 § 1.10; Ord. 40-83 § 1.01; Ord. 28-05 § 1.06; Ord. 30-20 § 1].
12.04.110 Abandoned driveways.
When any driveway is abandoned or is no longer used as the result of a change of use, or for any other reason has become unnecessary, it shall be closed. If there is a curb at the particular location, the owner shall replace the driveway with a standard curb constructed according to the city’s standard specifications for curbs. If there is a sidewalk, the owner shall replace the driveway with a sidewalk constructed according to the city’s standard specifications for sidewalks. [Ord. 166 § 1.11].
12.04.120 Modification of existing driveways.
A. Whenever in a single ownership the total width of existing driveways on a street is over 50 percent of the frontage of the ownership on that street, or any driveway is more than 30 feet in width, such existing driveway or driveways shall be made to conform to the provisions of this chapter in the event of any of the following changes:
1. Any widening of any such existing driveways, if such widening is otherwise permitted by this chapter;
2. Any alteration or repair, other than ordinary maintenance, of such existing driveways in excess of 25 percent of the frontage of the ownership on that street;
3. Any construction of additional driveways by the owner entering that street;
4. Any change of use of the ownership.
B. Notwithstanding the foregoing, the public works director may issue a permit for the proposed change if the strict application of this section would result in a substantial hardship on the owner and the proposed change does not impede the better movement of traffic or increase the hazard to pedestrians and vehicular traffic. [Ord. 166 § 1.12; Ord. 40-83 § 1.01].
12.04.130 Separate units of operation.
Where a single ownership is developed into more than one unit of operation, each sufficient in itself to meet the code requirements for parking in Chapter 23.54 RMC or the necessity for additional access to the street is evident, additional driveways may be allowed by the public works director. The minimum spacing of additional driveways shall be 300 feet. [Ord. 166 § 1.13; Ord. 40-83 § 1.01].
12.04.140 Construction – Materials.
Where standard curbs and gutters of Portland cement concrete are existing or to be constructed in conjunction with driveways, the following provisions shall apply to the driveway construction:
When Portland cement concrete combination curb and gutter exist, or combination curb, gutter and sidewalk, said curb, gutter and sidewalk shall be completely removed to the width of the desired driveway plus radius of the curb returns and any curb to be cut, and the driveway, gutter and return shall be constructed according to the standard drawings. Where curbs are to be removed, they shall be removed to the nearest joint outside the proposed driveway or shall be saw cut at the beginning of new radius of the curb return for nonresidential driveways or transition for residential driveways. The driveway from the gutter to the edge of the sidewalk facing the property line shall be constructed of Portland cement concrete. The driveway from a sidewalk to the property line shall be paved with concrete or asphalt.
Where unimproved streets exist, the driveway may be constructed of concrete or asphalt to the general shape of the standard drawing. Such driveways shall be considered temporary and subject to removal and replacement at the expense of the abutting property owner at such time as standard curbs and gutters or sidewalks are constructed. [Ord. 166 § 1.14; Ord. 28-78 § 1.02; Ord. 40-83 § 1.01].
12.04.150 Paved or hard-surfaced areas served by driveways.
Whenever any area in connection with a service station, parking lot or similar place served by one or more driveways is to be paved or hard-surfaced, a plot plan of the entire area to be improved shall be submitted to the public works director. In addition to the information required for application for a driveway permit, the plot plan shall show the details of grading, drainage and surfacing, including the surfacing material to be used. Developers of public parking areas shall also meet the requirements of the Richland comprehensive zoning ordinance.
All such paved or hard-surfaced areas shall be provided with means of disposing of all water that may fall upon such areas either by connection with a storm sewer or by other means of disposal approved by the public works director. [Ord. 166 § 1.15; Ord. 40-83 § 1.01].
12.04.160 Driveways across drainage ditches.
Where any driveway is to be constructed across an existing drainage ditch, a suitable culvert or other drainage structure as determined by the public works director shall be provided at the expense of the abutting property owner. [Ord. 166 § 1.16; Ord. 40-83 § 1.01].
12.04.170 Maintenance of improvements.
All driveway paving, drainage structures, or any other improvements within the space between the property line and the roadway shall be maintained in a safe and usable condition at the expense of the abutting property owner. [Ord. 166 § 1.17].
12.04.180 Application to local improvement districts.
The provisions of this chapter shall apply with equal force and effect to similar construction in connection with local improvement districts. [Ord. 166 § 1.18].
12.04.190 Inspection – Notice to public works director.
An inspection shall be requested of the public works director after forms have been placed and prior to the paving of any concrete on a permit issued under this chapter. [Ord. 166 § 1.19; Ord. 40-83 § 1.01].
12.04.200 Violations – Penalties.
Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses. [Ord. 166 § 1.21; Ord. 40-83; Ord. 17-84; Ord. 06-10 § 1.21].
12.04.210 Severability.
The invalidity of any section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 166 § 1.20].