17.27.200 Structural Driveway Defined.
A structural driveway is any structure intended to provide vehicular access to parking and maneuvering space on private property from a public right of way.
17.27.205 Structural Driveways in Public Streets.
The City Administrator may grant a revocable permit to an abutting property owner for the construction and maintenance of a structural driveway within a public street if in the City Administrator’s judgment there is no other available means of obtaining vehicular access to a structure on abutting private property.
17.27.210 Permit Application.
The applicant must submit to the City Administrator two complete site plans, two sets of structural plans and calculations bearing the registration stamp and signature of an engineer licensed in the State of Oregon to design structures, and a nonrefundable application fee of $250. The City Administrator may require the applicant to submit a complete geotechnical report and any recommendations made in connection with such report may be required.
17.27.220 City Administrator's Review.
- A. The City Administrator will review the application to determine compliance with design standards, possible conflicts with public facilities, and compatibility with existing or future street plans. If, in the course of the review, the City Administrator determines that modifications to the proposed plan are necessary, the applicant must make the requested modifications and resubmit the plan to the City Administrator with all required corrections.
- B. The decision of the City Administrator as to the suitability of the proposed location, materials used, technical requirements of specifications and plans will be final and conclusive.
17.27.230 Design Standards.
- A. Load ratings and structural design must be in accordance with the most current edition of the Standard Specifications for Highway Bridges published by the American Association of State Highway and Transportation Officials (AASHTO) in effect at the time of permit issuance or such alternative specifications as are adopted by the City Administrator.
- B. Structural driveways must have a minimum load rating of H‑15 except that in cases where the structural driveway accesses only one single family residential structure from a Local Service Traffic Street as defined by the Transportation Element of the Comprehensive Plan, the City Administrator may allow a structural driveway in conformance with Uniform Building Code standards if, in the opinion of the City Administrator, the circumstances are such that the lower rating will not create a hazard to the public or users of the structural driveway and permanent vehicle barriers are installed to prevent access to the structure by vehicles exceeding eight feet in height.
- C. The City Administrator may require vehicle barriers, railings, and other appurtenances in excess of AASHTO standards and higher load ratings if in the City Administrator’s opinion such appurtenances are necessary to protect the public and users of the structural driveway.
17.27.240 Permit.
- A. Permits for structural driveways will be issued only to the owner of the property abutting the half of the street area in which the structural driveway is proposed to be built. The burdens and benefits of any such permit will run with the property abutting the half of the street area in which the structural driveway is proposed to be built. Upon sale or disposition of the property, the permit will automatically transfer to any new owner of the property, except when the permit specifically prohibits such transfer.
- B. The abutting property owner will be liable to any person who is injured or otherwise suffers damage by reason of the property owners use of the street area. Furthermore, the abutting property owners will be liable to the City for any judgment or expense incurred or paid by the City by reason of the existence of a structural driveway in the street area.
- C. This permit will be for the use of the street area only, and will not exempt the permittees from obtaining any license or permit required by Portland City Code or Ordinances for any act to be performed under this permit, nor will this permit waive the provisions of Portland City Code, an ordinance, or the City Charter except as stated in this Chapter.
- D. The conditions in a permit for a structural driveway are burdens upon the abutting property, which will run with the land, and the permit must be recorded with the Multnomah County Records Division, and the cost of recording must be paid by the applicant.
17.27.250 Revocation of Permit.
- A. A structural driveway permit may be revoked by the City Administrator:
- 1. Upon determination of a public need for the area;
- 2. If the structural driveway is in conflict with any public improvement plan;
- 3. If the permittee fails to maintain the structure to the City Administrator’s satisfaction;
- 4. If the permittee allows a dangerous condition, as determined by the City Administrator, to continue for more than twenty days after being given notice to correct the condition; or
- 5. Upon failure to comply with any condition of the permit.
- B. The City Council may revoke any structural driveway permit for any reason the Council determines to be in the best interest of the City.
- C. No grant of any permit, expenditure of money in reliance thereon, or lapse of time will give the permittee any right to the continued existence of a structure or to any damages or claims against the City arising out of revocation.
17.27.260 Removal of Structural Driveways.
Upon revocation of the permit, the permittee or any successor permittee must, at permittee’s own cost, remove such structure within 30 days after written notice to the permittee by the City of such revocation, unless the City Council specifies a shorter period, and must return the street area in which the structure was located to the condition of the street area immediately surrounding it, to the satisfaction of the City Administrator. If the permittee does not remove the structure and/or return the street area to a condition satisfactory to the City Administrator, the City Administrator may do so, and the permittee will be personally liable to the City for any and all costs of dismantling the structure and reconstructing the street area. The costs of removal and reconstruction will become a lien upon the abutting property until paid by the permittee.
17.27.270 Fees.
The fee for plan review, permit issuance, and any City inspection of structural driveways is the full cost incurred by the City for such services. The minimum fee is $250. If full cost exceeds $250, the applicant must pay any additional costs prior to issuance of the permit. Amounts paid by the applicant in excess of full City costs that exceed the $250 minimum fee will be refunded to the applicant.
17.27.280 Inspection of Construction Required.
The City Administrator may inspect the construction; require the permittee to retain the services of a special inspector who will submit inspection reports directly to the City Administrator, or a combination of the above. It is the permittee’s responsibility to obtain the required inspections and failure to do so is grounds for revocation of the permit.