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17.28.110 Driveways - Permits and Conditions.

City Code Section
  1. A. Purpose. Ensure that driveway locations promote the safe and orderly flow of pedestrians, bicycles, and vehicular traffic, preserve on-street parking, preserve or establish street trees, maximize opportunities for vegetated stormwater management, reduce conflicts with pedestrians and bicycles and enhance the pedestrian environment.
  2. B. Authority. The City Administrator may issue a permit to construct a driveway in the public right-of-way subject to the conditions and requirements of this Chapter. The City Administrator may refer any driveway permit application to the Oregon Department of Transportation for a review of the operation, location and width. The City Administrator may recommend such conditions and limitations regarding the location and operation of driveways as are found necessary to ensure the safe and orderly flow of pedestrian, bicycles and vehicular traffic, avoid adverse effects on transit operations, and preserve on-street parking.

    The City Administrator may require an applicant for a driveway permit to provide evidence that the proposed driveway will access legal parking and maneuvering space on property as specified in Portland City Code Title 33. The City Administrator may refuse to issue a permit if the applicant cannot show evidence Portland Permitting & Development has determined that the driveway will access a legal parking space.

    The City Administrator may require repair and/or reconstruction of an adjacent or abutting driveway, curb or sidewalk, or a portion thereof that will be impacted as a result of the construction of a new or reconstructed driveway.
  3. C. Driveway definition: For the purposes of this Code section, a driveway is a gravel or paved way for vehicular traffic extending from the roadway to the adjacent property line(s) for the purpose of providing access to parking as provided under Portland City Code Chapter 33.266.
  4. D. Reconstruction and revocation of existing driveways.
    1. 1. The City Administrator may revoke any driveway permit or require the modification of any driveway if:
      1. a. The area occupied by the driveway is needed for right-of-way purposes; or
      2. b. Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; or
      3. c. The abutting owner has failed to comply with all specifications and conditions of the permit; or
      4. d. The driveway does not access a legal parking space on abutting property per Portland City Code Title 33.
    2. 2. The Council may revoke any driveway permit if it deems such action will be in the public interest.
  5. E. Enforcement: Within 60 calendar days of written notice from the City Administrator to close or modify a driveway, the abutting property owner must obtain any required permits and make the required corrections. If the abutting owner fails to make the required corrections within 60 calendar days, the City may perform the required work at the expense of the abutting property owner and the cost will be determined and assessment made as provided in this Chapter.
  6. F. Exceptions. For any driveway that does not conform with the requirements of this chapter and administrative rule TRN-10.40, review and approval through a Driveway Design Exception is required. Any applicant requesting a Driveway Design Exception must provide information, as determined necessary by the City Administrator, to support the application. The City Administrator may establish conditions and limitations deemed necessary to ensure the safe and orderly flow of pedestrian and vehicular traffic. Appeal of the decision can be submitted in writing to the City Administrator. The City Administrator will review the determination and send a final decision to the applicant.
  7. G. References. Refer to administrative rule “TRN-10.40 – Driveways – Operation and Location” for additional requirements.
  8. Refer to City of Portland Standard Drawings for additional design requirements.

Upcoming and Recent Changes

Ordinance Number 190604

Effective Date
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