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Ord 2328 5/8/1967 • • :�. ORDINANCE NO. p� �d AN ORDINANCE REGULATING TIIE LOCATION, CONSTRUCTION, DEMOLITION AND/OR REPAIR OF CURBS, GUTTERS, DRIVEWAY APPROACHES , CURB CUTS AND OTHER CONSTRUCTION IN THE RIGHT-OF WAY OF STREETS AND ALLEYS FOR ALL PROPERTY WITHIN THE CITY OF WICHITA FALLS EXCEPT RESIDENTIAL DEVELOPMENT, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Scope The following design standards shall govern the location, construction, demolition and/or repair of curbs, gutters, drive- way approaches and other construction in the right-of-way of streets or alleys for all property except residential development. SECTION 2 . Construction Materials and Methods Construction and/or repairs shall be in accordance with the latest revision of the City of Wichita Falls standard specifications in effect at the date of issuance of the permit. Construction or repairs not meeting these requirements shall be removed at the expense of the permittee. SECTION 3. Non-conforming Conditions A. The use of any property, construction and improvements existing and lawful at the time -of the enactment of this ordi- nance or any amendment thereto may be continued although such use does not conform to the provisions and regulations of this ordinance as long as such use does not create a hazardous sit- uation detrimental to the safety of the general public. B. No such non-conforming use or condition of any property, construction or improvement shall be hereafter extended or ma- terially altered unless such extension or alteration shall con- form to the provisions of this ordinance; but nothing herein shall be deemed to prevent the normal maintenance, repair, of any such non-conforming construction or improvement unless such non-conforming use creates a hazardous condition. C. In the event a traffic engineering investigation reveals a specific non-conforming condition which is detrimental to the safety of the general public, the Traffic Engineer may require the installation of curb and gutter and further require the con- ditions of this ordinance be met. The cost of the addition of curb and gutter in locations where curbs do not exist may be assessed to the adjacent property owners. Modification of exist- ing curbs by City requirement shall be made at City expense. C.os s of aufh rLOdifi atior1s to Meet the cterands of needs of ad- jacent property owners shall be borne by the affected property owners. SECTION 4. Extent of Construction Required When a new structure is to be built or a major alteration is to be made to an existing structure on property abutting the • Y public right-of-way, curb and gutter shall be required around the portion of the property being improved where the property abuts the right-of-way of streets . All construction in the right-of-way shall be subject to the provisions of this ordi- nance and Sec. 27-26 of the Code of Ordinances, which requires the construction of sidewalks . SECTION 5. Driveway Approaches A. It is the intent of this section of this ordinance that the location and angle of a driveway approach in relation to the street or intersection shall be such that a vehicle leav- ing the abutting property may turn into the lane of traffic mov- ing in the desired direction and be channelled within such lane before crossing the intersection or proceeding along the street, and that a vehicle entering the abutting property may turn out of the nearest lane of traffic without interfering with other traffic. B. Location and Angle of Intersection (1) No driveway approach shall be permitted to encroach upon any municipal facility. However, the relocation of mu- nicipal facilities may be authorized by the Director of Public Works if the construction of a driveway approach under the pro- visions of this ordinance shall encroach thereon, and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the Director of Public Works in the permit issued therefore. (2) At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curb line. (See Plate A) (3) Where sidewalks exist or are to be constructed, the beginning of the driveway approach shall not commence nearer the corner than the inside edge of the sidewalk and in no case violate the condition of Section B (2) . (4) The interior angle formed by the extension of the axis of the driveway approach and the center line of the street shall fall between forty-five degrees (45°) and ninety degrees (90°) . (5) Adjacent driveway approaches shall be separated by a safety island of twenty-five feet (25 ' ) minimum width as shown on 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. C. Driveway Approach Width dth (1 ) Where adjacent owners are, or will, use off-street parking as a common parking lot, or when there are no physical barriers to prevent the use of the parking area as a common -narking lot, then the area in question shall be deemed to be one tract devoted to one use for purposes of this ordinance. (2 The width or throat of a driveway approach shall not be greater than thirty-five feet (35 ' ) for commercial or public e:-tebi1.3hments, measured at right angles to the axis of the driveway approach. - ) - ■ (3) Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty feet (00 ' ) . Where more dock space is required, the driveway ap- proach shall be separated by a traffic island meeting the requirements of this ordinance. Approaches built under the provisions of this paragraph need not be limited as to number of driveway approaches but must comply with all other pro- visions of this ordinance. D. Number of Driveway Approaches Allowed (1) Not more than two driveway approaches shall be per- mitted on any tract with a frontage of one hundred feet (100 ' ) or less . (2) Not more than three driveway approaches shall be permitted on any tract with frontage of more than one hundred feet (100 ' ) but less than three hundred feet (300 ' ) . (3) Not more than four driveway approaches shall be allowed for any tract with more than three hundred feet (300 ' ) but less than six hundred feet (600 ' ) . (4) For tracts with frontage in excess of six hundred feet (600 ' ) one additional approach may be allowed for each ad- ditional three hundred feet (300 ' ) of frontage in excess of six hundred feet (600 ' ) . E. Driveway approaches shall not be constructed or used for angle or recessed parking. To qualify for a driveway ap- proach, the approach must provide access to a vehicle doorway, dock, or an off-street parking lot with sufficient room for the vehicle to maneuver and re-enter the street front first from said parking lot. F . 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 . G. If the applicant is dissatisfied with the decision of the Traffic Engineer, he may appeal such decision to the Board of Aldermen. The Board of Aldermen shall consider all evidence submitted by the applicant and the Traffic Engineer and shall make a final decision as to whether or not an exception shall be granted. H. If the applicant shall refuse to obey the final decision of the Traffic Engineer or the Board of Aldermen, the Building Inspector shall refuse to issue said applicant a building permit. SECTION 6. The provisions of this ordinance shall be included and in- corporated in the Code of Ordinances of the City of Wichita Falls, Texas, as an addition or amendment thereto, and shall be appro- priately renumbered to conform to the uniform numbering system of the Code. - 3 - 4 S7CTTON 7 . As curbs, curb cuts and driveway approaches are constantly being made in the City, and if they are not properly designed and located they create a hazardous traffic condition, this ordinance is declared to be an emergency measure on the ground of urgent public need for the preservation of the peace, health and safety of property of the City, and it shall become effective upon its passage. PASSED AND APPROVED this the 8th day of May, 1967 . I M A Y O R A T T E S T: City Clerk - 4 - r i, . .. r f CY DATE. SUDJECT SHEET NO.. Or, .. CHKD. DV DATE. JOEl NO.. 11 . 7 ''UV; .0 ,Z1 ' t _ 'nryi .S 1 , -( ' JXX� °= S v ...____\___ ; lx 1 I . ), 7 1.______•_ I . vre-,-,...7,qv,k....z________-v.; ly ii 1 1 �CIc Iy� 1 n '� /i� "<t '-‘.\si,-- / 1 g si t�.J 1-- c 1i7 g C 1 r 1 ) � . _i