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HomeMy WebLinkAboutORD 74-6-7 ORDINANCE NO. ::741=5 ENTITLED AN ORDINANCE AMENDING CHAPTER 33 OF THIS CODE BY AMENDING SECTION 33-13 PROVIDING FOR A SIDE- WALK AND DRIVEWAY CONTRACTOR'S BOND AND ADDING SEC- TIONS 33-41 THROUGH 33-56; REGULATING THE LOCATION,. CONSTRUCTION AND REMOVAL OF DRIVEWAYS AND SIDEWALKS AND REQUIRING PERMITS THEREFORE; PROVIDING DEFINI- TIONS; PROVIDING FOR A LIEN IN CASE OF DRIVEWAY ABAN- DONMENTS; PROVIDING FOR APPEALS PROCEDURE; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Chapter 33 of the Code of Ordinances of the City of Beaumont, Texas, is hereby amended by amending Section 33-13, said Section 33-13 to read as follows: "Section 33-13. Sidewalk & Driveway Contractor's Bond. Any person engaged in the business of contracting for, making, constructing and laying cement or other permanent type sidewalks and curbs and driveways, in the city shall be required to execute a good and sufficient bond in the sum of $2,000; said bond having a corporate surety, which corporation must be an insurance company licensed to do business in the State of Texas, payable to the City of Beau- mont and providing that any person having any cause of action secured by such bond is hereby authorized to sue on'such bond without imp -leading the City, and such bond shall not be exhausted by the first recovery, but shall be subject to successive re- coveries for damages accruing to any person by reason of any defective or faulty workmanship thereon; provided further that any person con- tracting for the construction and laying of any sidewalk or driveway in the city shall first ob- tain a permit from the City Engineer and then con- struct and lay the sidewalk and driveway according to plans, specifications, and grades to be furnished by the City Engineer or such plans and specifica- tions as may be hereafter prescribed and adopted by the City Council. Such bond, herein'provided for, shall be approved by the City Engineer and deposited with the City Clerk before any such person shall engage in the business of making, constructing and laying such sidewalks and driveways in the city." Section 2. That Chapter 33 of the Code of Ordinances of the City of Beau- mont is hereby amended•by adding sections which shall read as follows: 1 69-74-(e /-_-� _?-74� "Section 33-41: Definitions. (a) Commercial Driveway - Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of- way, when such passageway leads to any public or private area outside the street which is designed or intended for the parking of any commercial ve- hicle, or for the parking of any vehicles to serve land other than a single family residence. (b) Residential Driveway - Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of- way, when such passageway leads to any public or private area designed or intended for the parking to serve land used for single family development. (c) Frontage - That portion of adjacent property contiguous to a single street property line. For the purpose of this Ordinance, frontage shall be measured as the total distance over which the street right-of-way line and the lot or property lines are congruent, and shall include all lots or pro- perties under the legal control of the applicant. (d) Safety Zone - That portion of the frontage right-of-way between any two driveways. (e) Roadway - That section of street lying between the face of curbs or edge of driving surface if non -curbed. (f) Curb Return or Curb Radius - That part of the curbing at an intersection or at a driveway which is curved to form the connection between intersec- ting curb lines. (g) Abandoned Driveway - For the purposes of this Ordinance, a driveway shall be considered to be abandoned when the following exist: 1. When the parking or land use have been so situated as to make the driveway not usable or not needed, or 2. When the buildings or other structures have been remodeled or so situated on the adja- cent property in such manner as to prevent a vehicle from parking completely on the adjacent private property. Section 33-42: 'Definitibns 'Not 'Tnclu:d:ed Herein - State Law 'arid 'Or finances 'to 7pply. Whenever any word or phrase used herein isnot de- fined herein, but is defined in any other Ordinance or State Law,.such definition shall be deemed to apply to such word or phrase used herein. Section.33-43: Permit Re'Quired. -2- lVJ Before constructing, reconstructing, repairing or altering any driveway or sidewalk,a.permit, in ad- dition to any other permits, shall be obtained from Building Inspections Division; provided, however, that no such permit shall be required for the -con- struction of any driveways or sidewalks installed as a part of the paving or widening of any street in accordance with plans approved by 'the Depart- ments of Public Works and Traffic and'Transporta- tion and installed as a part of a contract of the City of Beaumont. No permit shall be issued to any person until that person has filed the bond as required in Section 33-13. If the driveway or side- walk is not constructed within six (6) months of date of issuance of permit, said permit becomes null and void. Section 33-44: Application for Permit. Application for such permit shall be made' -to the Building Inspections Division on forms prescribed by the City. Each such application shall --be sub- mitted with a scaled drawing showing the address and lot and block number, if platted, of the pro- perty where the driveway or sidewalk is to b.e lo- cated, the width of the driveway requested -'the location of the driveway or sidewalk requested with respect to private property lines, the loca- tion of existing driveways on either side of pro- posed driveway serving same property or adjacent property, if any, and such other information as may be requested by the City. Before the permit is issued, it shall be approved as to location and design by the Traffic,and Transportation Department and the driveway construction approved by, -the. De- partment of Public Works. After the issuance,of a permit, the applicant shall request the Public Works Department to establish pipe sizes and grades, if needed, prior to the beginning of construction. Such request shall be made twenty-four. (24) hours in advance to allow proper scheduling. Applications for driveway or sidewalk permits shall be made by the owner or lessee of the abutting pro- perty, or by a contractor representing the owner or lessee. No driveway or sidewalk shall hereafter be relo- cated or structurally altered, nor any dimensions altered without a duly executed permit as set forth herein. Section 33-45: Fee for Permit Before a permit is issued for a driveway or drive- ways, or sidewalks, exclusive.of the building per- mits as set.forth in Section 33-43 hereof, the ap- plicant shall deposit with the Building Inspector a fee of $7.50. Section 33-46: Maintenance of Driveway -3- i the maintenance of any driveway or sidewalk shall be the responsibility of the owner or lessee of the property served by the driveway. Section 33-47: Right to Inspect Reserved. The City reserves the right to inspect driveways or sidewalks at any time during construction and to require such changes as may be necessary to make the construction conform to City of Beaumont Street Standards and Specifications. At any time after the construction of any driveway or sidewalk, the City reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the owner or lessee of abutting property. Section 33-48: Materials. All materials and labor necessary for the con- struction of the driveways and sidewalks autho- rized in the permit shall be furnished by the owner. All materials shall meet City of Beau- mont Street Construction Standards and Specifi- cations. Section 33-49: 'DriveVL 'LpYo'a:ties';' 'I'nterit' qu i r eme'i is ;' Numb'e r . (a) Section Intent - It is the intent of this sec- tion that the location and angle.of a driveway ap- proach in relation to the street or intersection shall be such that a vehicle leaving the abutting property may turn into the lane of traffic moving in the desired direction and be channeled within such lane before crossing the intersection or pro- ceeding along the street, and that a vehicle enter- ing the abutting property may turn out of the near- est lane of traffic without interferring with other traffic. (b) Location and Angle of Intersection 1. No driveway approach shall be permitted to encroach upon any municipal facility. How- ever, the relocation of municipal facilities may be authorized by the City Engineer if it is in the public's interest and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the City En- gineer in the permit issued therefore. Z. At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curb line or the edge of pavement. (See Plate A) 3. Where sidewalks exist or are to be construc- ted, the beginning of the driveway approach shall not commence nearer the corner of a street intersection than the inside edge of -4- • 0 the sidewalk along the intersecting street. 4. The interior angle formed by the extension of the axis of the driveway approach and the centerline of the street shall fall be- tween forty-five (450) degrees and ninety (900) degrees. S. Adjacent driveway approaches shall be se- parated by a safety island of twenty (20) feet minimum width as shown 6n Plate A. 6. On interior lots, the tangent point of the driveway curb at the street curb line shall not extend beyond a property line on any commercial driveway. 7. A Residential Driveway shall not be located nearer than two (2) feet to an interior pro- perty line. The minimum width of the drive- way shall be ten (10) feet. (c) Driveway Approach Width 1. Where adjacent owners ate, or will, use off-street parking as a common parking lot, or where there are no physical barriers to prevent the use of the parking area as a common parking lot, then the area in ques- tion shall be deemed to be one tract and a common driveway may be permitted if the total driveway width does not exceed thirty- five (35) feet. ='.2. The width or throat of a driveway approach shall not be greater than thirty-five (35) feet for commercial or public establish- ments, measured at right angles to the axis. of the driveway approach. [—j .2,-/0,/'7f 3. Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty (60) feet. Where more dock space is required, the driveway approach shall be separated by a safety island. 4. When the area immediately behind and adja- cent to the street right-of-way is to be used.as a vehicle parking area, curbs and other barriers shall be installed as re- quired by the Traffic Engineer to prohibit such parked vehicles from extending into the right-of-way. (d) Number of Driveway Approaches Allowed 1. Not,more than two (2) driveway approaches shall be permitted on any tract with a frontage of one hundred (100)` feet or less. 2. Not more than three (3) driveway approaches -5- i shall be permitted on any tract with fron- tage of more than one hundred (100) feet but less than three hundred (300) feet. 3. Not more than four (4) driveway approaches shall be allowed for any tract with more than three hundred (300) feet but less than six hundred (600) feet. 4. For tracts with frontage in excess of six hundred (600) feet one (1) additional ap- proach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600) feet. (e) Angle or Recessed Parking Prohibited - Drive- way approaches shall not be constructed or used for angle or recessed parking. To qualify for a driveway approach, the approach must provide access to a vehicle doorway, dock, or an off-street park- ing lot with sufficient room for the vehicle to maneuver and re-enter the street front first from said parking lot. This provision shall apply only to commercial driveways. Section 33-50: Driveway Abandonment and Lien for Cost of Replacement of Curbing and Sidewalk. When a driveway has been abandoned within.the mean- ing of this Ordinance, the Traffic Engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveway is to be closed for the reasons set forth above, the Traffic Engineer may order the replacement of curbing and/or sidewalks so as to effectively close such,driveways. When any such driveway is to be, -closed for the reasons set forth above, the Traffic Engineer shall notify the pro- perty owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. If within thirty (30) days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the noti- fication, such work may be done by the city and all costs thereof assessed as a lien against the property, and shall be a personal liability of the owner or lessee of the -.abutting property. Section 33-51: Exceptions. It is the intent of this Ordinance that exceptions to the above provisions be granted only for extreme circumstances and only in those cases where the public interest would be served by such exceptions. The Traffic Engineer is authorized to permit those exceptions which meet the above requirements. Section 33-52: Appeals. If the applicant is dissatisfied with the decision M of the Traffic Engineer, he may appeal such deci- sion to the City Council. All such appeals shall be made in writing to the City Manager. The City Council shall consider all evidence submitted by the applicant and the Traffic Engineer and shall make a final decision as to whether or not an ex- ception shall be granted. Section 33-53: Effect of Noncompliance. If the applicant shall refuse to obey the final decision of the Traffic Engineer or the City Coun- cil, the Building Inspector shall refuse to issue said applicant a building permit. Section 33-54: Indemnification. The Grantee of any driveway or sidewalk permit shall hold harmless the City and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. Section 33-55: City to Repair. Any existing driveway which is destroyed, altered or removed as a part of the construction or recon- struction of any roadway will be replaced by the City to a design within these regulations. The maintenance of any driveway so replaced by the City shall be the responsibility of the owner or lessee of property served by the driveway. Section 33-56: Off -Street Parking Plan. (a) It is the intent of this section to guar- antee that adequate off-street parking is provided with the building or remodeling of any commercial building. (b) Any person desiring a building permit on any property within the city limits for construction or reconstruction of any building other than a single family residence shall submit to the Build- ing Inspector a plot plan designating the number of off-street parking spaces to be provided. (c) The plot plan shall be submitted to the Traf- fic Engineering Department by the Building Inspec- tor and the Traffic Engineering Department shall approve or disapprove the off-street parking faci- lities designated on the plot plan and shall estab- lish curb cuts to serve the property. (d) Off-street parking shall be provided upon the same abutting or contiguous lots and shall be suf- ficient to provide at least the minimum required parking spaces for that specific property use as provided by.the following guidelines: -7- Property Use 1-4 Family Dwelling More than 4 Family Dwellings Hospitals Hotels and Motels Retail Stores, Personal Services Supermarkets Department Stores Wholesale Establishments Banks Professional Offices Churches Nursing Home Commercial Schools Dormitories Manufacturing, Processing or Repairing Medical Clinics Libraries, Museums Elementary, Jr. High or Parochial Schools Sr. High, Colleges, Universities Theaters, Auditoriums Bowling Alleys Auto Service Stations Off -'S'tre'et' 'Parking Req'uireme'nts 2 spaces per each dwelling unit 2 spaces for each of not less than. 75% of the number of dwell- ings, but a minimum of 10 spaces. 1 space per bed. 1 space per guest room for first 20 rooms. 1 space for each 2 guest rooms in excess of 20 rooms, plus 2 spaces for each 3 employees. 1/200 sq. ft. up to 5,000 sq. ft. 1/150 sq. ft. over 5,000 sq. ft. 1/150 sq. ft. of floor area. 1/200 sq. ft. of floor area of ground floor, 1/500 sq. ft. of other floors. 1/600 sq. ft. floor area. 1/400 sq. ft. floor area. 1/300 sq. ft. floor area. 1/40 sq. ft. of auditorium. 1/600 sq. ft. gross floor area. 1/500 sq. ft. of floor area. 1/2 residents 1/600sq. ft. of floor area. 1/200 sq. ft. of gross floor area. 1/400 sq. ft. of floor area or 1/40 sq. ft. of auditorium which- ever is greater. 1/classroom and officer or 1/400 sq. ft. of -gross floor area in auditorium. 1/500 sq. ft. floor area. 1/100 sq. ft. of usable floor area. 5/alley,--2/billiard table, plus 1/200 sq. ft. of gross floor area for accessory uses. 1 per lubrication rack & 1 per gasoline pump, minimum of 6 spaces. 4 Property Use Laundromat Beauty Parlors or Barber Shops Shopping Centers Auto Wash & Cleaning Establishments Furniture & Appliance Stores Liquor Store Kindergartens, Day Schools General Business Drive -In Groceries City -County Offices Drug Stores Mobile Home Parks Commercial Amusement Warehousing, Storage Clubs and Taverns Restaurants and Cafeterias 7 �L-� 1- Z--1 el' -7 Off -Street Parking Requirements 1 -per 100 sq. ft. of floor area 1 per 100 sq. ft. of floor area 6 per 1,000 sq. ft. of gross lea- sable area 1 per 300 sq. ft. of floor area 1 per 400 sq. ft. of floor area 1 per 200 sq. ft. of floor area 1 per classroom and offices 1 per 200 sq. ft. of gross floor area 1 per 150 sq. ft. of gross floor area, 6 spaces minimum. 1 per 300 sq. ft. of floor area 1 per 200 sq. ft. floor area 2 per each trailer space, plus 1 per 200 sq. ft. floor area of recreation and office area. Minimum of 10 spaces, plus 1 per each 100 sq. ft. floor area over 1,000 sq. ft. 1 space for each 1,000 sq. ft. floor area 1 space for each 4 seats or 1 space for each 50 sq. ft. of customer service area 1 space for each 50 sq. ft. of customer service area, plus 1 for each 3:_�,'employees, or 1 per each 200 sq. ft. of gross floor area, whichever is greater. (e) Where questions arise concerning the off- street parking requirements for any property use not specifically listed, the requirements may be interpreted as those of a similar use, and the interpretation of the City Traffic Engineer shall be binding. (f) Where a development of several different property uses will share a joint parking area, the parking requirements shall be computed with the over-all development in mind; and parking requirements as so computed by the City Traffic Engineer shall be binding. MGM Section 3. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-81 of the Code of Ordinances of Beaumont, Texas. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance or the application of same to a particular set of persons or circumstances should forany reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this Ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section S. That all Ordinances and parts of Ordinances in conflict here- with are hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont, Texas, this the day of 1, 1974. yor - -10-