21-403-Ordinance No. 203-6 Recorded 10/1/19751 BOARD OF COMMISSIONERS
2 COUNTY OF DESCHUTES
3 STATE OF OREGON
4 In the Matter of an Ordinance
Relating to Residential and
5 Commercial Driveway Approaches
and Curb Cuts; Regulating Size,
6 Location, Number and Construction
of Same; Providing for Variances;
7 Providing a Penalty for the
Violation of this Ordinance and
8 Repealing 6.11 Ordinances and
Paris of Ordinances in Conflict
9 Herewith, and Declaring an
Emergency.
10
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COUNTY ORDINANCE
No. 2.03-6
11 THE COUNTY OF DESCHUTES ORDAINS AS FOLLOWS:
12 Section 1. Definitions. As used in this ordinance, words shall
13 have the following meanings:.
14 (a) Driveway. A driveway is an area on private property where
15 automobiles and other vehicles are operated or allowed to stand.
16 (b) Driveway approach. A driveway approach is an area, con-
17struction or improvement between the roadway of a public street and
18private property intended to provide access for vehicles from the
19 roadway of a public street to a definite area of the private property,
20such as a parking area, a driveway, or a door at least seven feet wide,
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261ying between the end slopes of the driveway approach.
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I (d) ' End slopes. The end slopes are those portions of the
2 driveway approach which provide a transition from the normal curb and
3 sidewalk elevations to the grade of the apron, either by means of
4 a sloping surface or by means of a curb return together with the area
5 between the projected tangents of the curb return.
6 (e) Sidewalk section. The sidewalk section is that portion of
7 the driveway approach lying between the back, or property edge of
8 the sidewalk and the end slopes measured at the front, or street, edge
9 of the sidewalk.
10 (f) Curb return. The curb return is the curved portion of a
11street curb at street intersections or the curved portion of a curb
12in the end slopes of a driveway approach.
13 (g) Curb line. The curb line is the inside edge of the top of
14the curb. In areas where no curb is required, it is the edge of
15 the pavement.
16 Section 2. Permit Required. No person, firm or corporation
17shall remove, alter, or construct any curb, sidewalk, driveway
18 approach, gutter, pavement, or other improvement in any public street,
19 alley or other property owned by or dedicated to or used by the
20 County and over which it has jurisdiction to regulate the matters
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1 Section 3. Application for Permit. Application for permits
2 to construct such imporvements shall be made to the Deschutes County
3 Road Department on forms provided for that purpose.
4 Section 4. Approval of Application and Issuance of Permit.
5 Before approving the drawing of such improvement and issuing the permit,
6 the County Road Department shall establish that the proposed improve-
7 ment is in conformance with the provisions and standards hereinafter
8 set forth.
9 Section 5. Prohibited Locations.
10 (a) No driveway approach shall be permitted to encompass any
llpublic utility facilities. Under the permit required herein, applicant
12 may be authorized to relocate any such utility, upon application to
13the subject utility provider and upon making suitable arrangements
14for financial reimbursement to said utility provider.
15 (b) At street intersections no portion of any driveway approach,
16including end slopes, shall be permitted within the intersection
17 curb return.
18 (c) At street intersections in non-commercial or residential
19and rural areas, no portion of any driveway approach, including end
0 20slopes, shall be permitted within 50 feet of the intersection curb
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Section 6. Length of Driveway Approach Apron. The width of
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25and 20 feet for double driveways and not more than one driveway
26approach shall be permitted per lot when said lot is 50 feet or less
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vas. 1 FAGrL 416
1 in width fronting on any street or avenue.
2 (1) An additional driveway approach will be allowed-when
3 any particular lot has 50 feet or more of frontage on any
4 street or avenue.
5 (2) Sidelines of lots may also have driveway approaches
6 in conformity with the provisions of this subsection, notwith-
7 standing that said lots have driveway approaches on their
8 frontage area.
9 (b) For commercial driveways, when one or more driveway
10 approaches serve a given property frontage, no single apron shall
11exceed 35 feet in width, but when said establishment controls 50
12 feet or more of street frontage the number of driveway aprons shall
Abe limited to two for the first 100 feet or part thereof and not
Amore than 35 per cent of the frontage exceeding the initial 100
15 feet thereafter. A safety island of not less than 16 feet of full
16 height curb shall in all cases be provided between driveway approaches
17serving any one property frontage.
18 (c) Property frontage referred to herein includes approach
19 areas directly in front of property owned or under the control of the
20 applicant, and such area as may be directly in front of adjoining
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25property line shall be constructed of Portland cement concrete pro-
26portioned to the satisfaction of the County Road Department, except
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1 as provided in Section 9. The concrete of the driveway approach,
2 including the sidewalk section, shall be at least four inches thick
3 for residential approaches and at least six inches thick for
4 commercial approaches.
5 (b) The sidewalk section of the driveway approach shall be
6 finished and scored as specified by the County Road Department,
7 except as provided in Section 9. Apron and end slope areas of the
8 driveway approach shall be finished, after troweling smooth and
9 scoring, with a fiber push broom drawn over the surface parellel
10 to the curbline.
11 Section 8. Driveway Approaches Near Alleys. Driveway approaches
12 located within five feet of the existing curb return at an alley
13 intersection may be merged with the alley intersection pavement,
14 thus requiring the removal of the existing curb return; the total
15 apron length plus the alley width, measured at the curbline of the
16 apron to the opposite alley line, shall not exceed 40 feet, except
17 when there is a driveway approach on both sides of an alley, then
18 the maximum apron length plus alley width shall not exceed 60 feet.
19 Section 9. Areas of Limited Street Improvements.
20 (a) Where standard gutters and curbs have been installed but
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24 applicant's premises, or of any other material satisfactory to the
25 County Road Department. Such driveway approach shall be constructed
26 to establshed grade and shall be adequate and suitable for the
Page 5 - County Ordinance
O 1 FAGE 488
1 traffic to be carried by it. The permit shall provide, and the
2 applicant shall agree, that if and when thereafter concrete sidewalks
3 are constructed, the applicant or his successor shall install
4 concrete driveway approaches.
5 (b) Where standard gutters and curbs have not been installed,
6 the apron widths set forth in Section 6 shall be measured along the
7 property line and there shall be not less than 16 feet of frontage
8 between driveway approaches serving any one property. In areas
V designated on the comprehensive plan for urban growth, permits shall
10 not be issued for any surface improvement or paving on the street
llright-of-way between driveway approaches unless a concrete curb or
12other physical obstruction, of a design satisfactory to the County
13 Road Department, is constructed and maintained by the applicant
14 along his property line, so that the entrance and exit of vehicles
15to and from the applicant's property will be restricted to the
16 established driveway approaches. Pursuant to the permit provided
17 for herein, applicant may surface the driveway approaches or other
18 areas within the right-of-way by extending the same type of paving
19 used on applicant's premises so that it merges with the street
20 pavement, provided applicant's paving is adequate and suitable for
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0 24 runoff. Such paving between the property line and the street pavement
25may meet the street pavement at a point ahead of the curb opening in
26order to provide for safe deceleration of vehicles turning into the
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1 applicant's premises.
If applicant's paving is extended beyond
2 the property line into a street right-of-way at an intersection
3 or crossroad, the County Road Department may require applicant to
4 construct a suitable traffic island or curb to provide for the
5 protection of such county facilities as may be necessary.
6 Section 10. Public Property. County Road rights-of-way may
7 not be used for private commercial purposes. A permit for the
8 construction of driveway approaches shall not be issued unless
9 vehicles to be served or serviced can be parked entirely within the
10 private property lines.
11 Section 11. Unusual Conditions. The County Road Department
12is hereby authorized to grant in writing variances from the
13 regulations and requirements of this ordinance, provided it first
14 determines that the following conditions are present:
15 (a) The variance requested arises from peculiar physical
16 conditions not ordinarily existing in similar districts in the
17 County, or is due to the nature of the business or operation upon
18the applicant's property;
19 (b) That the variance requested is not against the public
0 20interest, particularly safety, convenience, and general welfare;
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25hardship upon the applicant, property owner, or tenant.
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vot 21 pw 410
1 Section 12. Saving 'Clause. If any section or part thereof of
2 this ordinance shall be held illegal, unconstitutional, or void,
3 this shall not be construed to render void any other provision or
4 requirement of this ordinance.
5 Section 13. Penalties. Any person, firm, or corporation
6 violating any of the provisions of this ordinance, or causing,
7 permitting, or suffering the same to be done, shall be guilty of
8 a misdemeanor and upon conviction shall be fined not more than
9 $100.00. Each such person, firm, or corporation shall be deemed
10 guilty of a separate offense for each and every day or portion
11 thereof during which any violation of any of the provisions of this
12 ordinance is committed, continued or permitted.
13 Section 14. Civil Remedies. In case a driveway or driveway
14 approach is constructed or proposed to be constructed, maintained,
15 repaired, altered or used in violation of this ordinance, such
16 violation shall constitute a nuisance and the County may institute
17 legal proceedings to prevent, enjoin, temporarily or permanently
18 abate, remove or correct the nuisance.
19 Section 15. Declaration of Emergency. This ordinance being
20necessary to insure the public health, safety and welfare, an
21emergency is declared to exist and this ordinance shall be effective
22immediately upon passage.
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VOL
44. FAG( 411
1
Date of First Reading:
Septem'oer 17, 1975
2
Date of Second Reading:
October 1, 1975
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Adopted this day
of ,
1975.
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BOARD OF COMMI
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SSIONERS:
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Commissioner
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Commission
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11 Approved as to form
12 G
Deputy, is r r -Attorney
13 Deschutes ou y
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15~ (zU
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16 Lucia JVenator
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