Title 12
STREETS,
SIDEWALKS AND PUBLIC PLACES
Chapters:
12.12 Curbs, Sidewalks,
and Paving
12.14 Right-of-Way
Occupancy Permit
12.32 Comprehensive
Tree and Shrub Planting, Pruning and Maintenance Regulations
12.41 Disposition
of City Park Property
12.42 Alcoholic
Beverages on Public Lands
Chapter 12.04
Sections:
12.04.010
Purpose of this chapter.
12.04.020 Payment
of cost of right-of-way petition process for vacations and closures.
12.04.030
Procedures for right-of-way vacations and closures.
12.04.040 Limitation on refiling
rejected petition to discontinue any street or alley.
12.04.010 Purpose of this chapter. The purpose of
this chapter is to provide a uniform policy for, as well as establish,
administrative procedures for the petitioning and review of proposed vacations
and closures of dedicated public right-of-way.
Public right-of-ways were dedicated to the public by private property
owners to be held in public trust for the benefit and use of the public. There may be good reason for returning a
dedicated right-of-way to private ownership or for altering or closing a public
right-of-way to public use. Right-of-way
vacation allows the city to relinquish all legal interest in and authority to
use or manage the right-of-way on behalf of the community and may place the
property onto the property tax roles.
The vacated right-of-way may revert to private property ownership in
equal portions or to the property from which the right-of-way was originally
taken. The private property owner then
assumes payment of the taxes, liability, and maintenance on the vacated
right-of-way. Right-of-way closure or
discontinuance might not be permanent in nature. Discontinuance or closure of right-of-way
allows the city to retain all authority to use, manage or reopen the public
right-of-way on behalf of the public.
However, by discontinuing or closing the right-of-way, the city may
allow temporary usage of it by the adjacent private property owners in equal
portions or simply close and alter the use of it. The City may apply a term limiting the length
of the closure, and may require that no permanent structures be built upon the
dedicated public right-of-way, may require the private user of the closed
right-of-way take liability for the condition and any incidents occurring on
the right-of-way, and the City may charge an annual usage fee for private usage
of the right-of-way.
The vacation or closure of dedicated public
right-of-ways remove and/or limit the benefits they were intended to
provide. This ordinance requires the
evaluation of those lost benefits and the alternative private and public good
that may be provided or required with the vacations and/or closures prior to
action by the city council. The
administrative procedures for vacations and closures may include a survey of
city staff and local utilities, a public hearing as required by Section
7-14-4114 of the Montana Code Annotated, and may take from 70 to 90 calendar
days to complete. (Ord. 2997, 1996; Prior code §28‑13.2).
12 04.020 Payment of
cost of right-of-way petition process for vacations and closures.
At the time any petition is submitted by property owners for the vacation and
closure of any public right-of-way within the city, the petitioning property
owners shall also pay to the city treasurer the sum of one thousand seven
hundred twenty six dollars ($1,726), which money is for the purpose of
defraying the necessary costs of title searches and public notice
publications. The money so received
shall be deposited by the city treasurer in the general fund of the city,
provided, however, where an amended plat or replatting
is required in accordance with the laws of the state, and such amended plat or replatting requires or requests any right-of-way to be
vacated and/or closed, that has been originally established by the prior
official subdivision plat, all costs associated with the preparation and review
of the amended plat or replatting shall be the
obligation of the petitioner for such amended plat or replatting.
(Ord. 3384 §2, 2008; Ord. 3350 §2, 2007; Ord. 3323 §2, 2006; Ord. 3298 §1, 2005
Ord. 3259 §1, 2004; Ord. 3227, 2003; Ord. 2997, 1996; Prior code §28‑13.1).
12.04.030 Procedures for right-of-way vacations and
closures. The city will
adopt procedures for processing property owner requests for vacating or closing
public right-of-way. The procedures will
include and provide for the needs or issues identified within this section.
A. When any request to vacate or
close any public right-of-way is made, the initiator of the request to vacate
or close any right-of-way is responsible for contacting all property owners
adjacent to the proposed right-of-way vacation or closure to solicit their
signatures upon the petition; and must provide the reasons for the lack of any
property owner's signature on the petition for the vacation or closure.
B. The initiator of the request to vacate or close any right-of-way
must provide the city council with an information package containing:
1. a site-specific evaluation of the reasons for the
proposed public right-of-way vacation or closure;
2. a statement of the intended usage of the public
right-of-way if the vacation or closure is approved, including a site plan;
3. a description of the intended goals for the usage of
the proposed public right-of-way vacation or closure, a review of the existing
utilities occupying any portion of the proposed public right-of-way vacation
area;
4. an evaluation of any other available alternatives
other than vacating or closing the public right-of-way, including, but not
limited to, zoning variances, adjacent land use, design modifications, and/or a
partial right-of-way vacation or closure;
5. research of the potential tax impact to the property
taxes of each of the properties adjacent to the right-of-way proposed for
vacation;
6. and a description of the site specific benefits the
property owners adjacent to the proposed right-of-way vacation or closure are
willing to consider providing in return for the approval of the vacation or
closure including benefits to the affected property owners, the neighborhood
and the community, and also including consideration of, but not limited to, any
public improvements, easements, walkways, bicycle paths, rededication of public
right-of-way, buy-back options and future usage rights as requested under any
survey of city staff and local public utility agencies.
C. All requests to close public
right-of-way shall include a term limiting the amount of time the public
right-of-way will be closed to public usage, setting a specific date for the
reopening of the public right-of-way which shall be suitable to the usage
planned by the property owners for the public right-of-way proposed for
closure, and may include the assessment of a negotiated annual fee for private
usage of the closed right-of-way for the term of the closure. The property owner will be responsible for
any of the structures installed within the closed public right-of-way and for
maintaining the structures in a safe condition during the term of the
closure. The private property owner
using the closed public right-of-way for a commercial use may be required by
the city to maintain or extend a liability insurance policy which covers
activities and incidents taking place during the term of the private usage of
the closed right-of-way. (Ord. 2997, 1996)
12.04.040
Limitation on refiling rejected
petition to discontinue any street or alley. When the city council acts adversely upon a
petition to discontinue any street or alley within the city under the
provisions of MCA Sections 7-14-2616 (1) (2) and (3), 7-14-2617, 7-14-4114 (1)
(2) and (3), and 7-14-4115, no further petition to discontinue such street or
alley will be considered by the city council until the expiration date of one
year. (Ord. 2997, 1996)
BONDED CONTRACTORS
Sections:
12.08.020 Contractor
license‑‑Requirement.
12.08.030 Contractor
license‑‑Bond.
12.08.040 Contractor license‑‑Suspension‑‑Grounds.
12.08.050 Contractor
license‑‑Suspension‑‑Report to city council.
12.08.060
Liability upon bond‑‑Time limit.
A. "City sidewalk and curb contractor," wherever used in this
chapter, means the person having a contract with the City for the construction
of sidewalks and curbs ordered constructed by the City Council and which the
owners of the premises in front of or along which the same are ordered
constructed shall fail, neglect or refuse to construct.
B. "A licensed and bonded sidewalk and curb contractor" or
"contractor," wherever used in this chapter, means any person who,
having filed the proper bond and paid the necessary fee, has obtained from the
City Finance Department a license as a bonded sidewalk and curb contractor (Ord. 3244, 2004; Ord. 2043 §22,
1979: prior code §28‑94).
12.08.020 Contractor license‑‑Requirement. It is unlawful for any person to engage in the business
of installing, constructing or repairing any sidewalks, curbs, gutter, concrete
alley or driveway approach or combination thereof upon any public right‑of‑way
within the City unless the person is the holder of a valid, unsuspended license
as a bonded sidewalk and curb contractor.
(Ord. 3244, 2004; Ord. 2043 §23, 1979; prior code §28‑95).
12.08.030 Contractor license‑‑Bond.
A. At the time of making application for a license
as a bonded sidewalk and curb contractor, the applicant shall file with the
City Finance Department evidence of liability insurance as required by Section
5.08.150 and a surety bond in the amount of ten thousand dollars.
B. The bond
provided for in this section shall run to the City and shall be signed by a
bonding company authorized to transact business in Montana. The bond shall be
conditioned, so as to save harmless the City and all persons for whom
sidewalks or curbs shall be constructed or repaired by the contractor for a
period of two years from the date of construction. This bond shall be in effect
for problems resulting from faulty materials or workmanship. (Ord. 3244, 2004;Ord. 2043 §24, 1979:
Ord. 1895, 1978; prior code §20‑96).
12.08.040 Contractor license‑‑Suspension‑‑Grounds. The City Engineer
may suspend the license of any contractor who shall construct any sidewalk or
curb upon or along any grade or line other than those established by the City
Engineer, or who shall deviate from the specifications set forth in this
title, or who shall build or construct any sidewalk or curb without first
obtaining from the City Engineer the proper grade therefore and location
thereof, or who shall fail, neglect or refuse to comply with any of the other
provisions in this chapter. It shall be unlawful for any such contractor to engage
in the business of building, constructing or repairing sidewalks or curbs
while such certificate shall remain suspended. (Ord. 3244, 2004;Ord. 2043 §25, 1979;
prior code §20‑97) .
12.08.050
Contractor license‑‑Suspension‑‑Report to City
Council. Upon the
license of any bonded sidewalk and curb contractor being suspended by the City
Engineer, the City Engineer must report the same in writing to the City Council
at its next regular meeting, together with the reasons for suspension. The
City Council may either revoke the license or withdraw the suspension, and if
such license shall be revoked by the City Council it shall thereafter be
unlawful for such person to engage in the business of building, constructing
or repairing sidewalks or curbs under such revoked license.. (Ord. 3244, 2004; Ord. 2043 §26,
1979; prior code §20‑98).
12.08.060 Liability upon bond‑‑Time limit. Actions may be maintained upon
the bond provided in Section 12.08.030 by either the City or by any person who
shall suffer any loss or damage by reason or on account of any sidewalks or
curb constructed by the bonded sidewalk and curb contractor becoming unsafe or
defective within two years from the date of the construction of the sidewalk or
curb on account of materials used therein or workmanship thereon. (Ord. 3244, 2004; Ord. 2043 §27, 1979; prior code §20‑100).
CURBS, SIDEWALKS, AND PAVING
Sections:
12.12.030
Right-of-Way Permit‑‑Application.
12.12.040 Right-of-Way
Permit‑‑Application--Approval by City Engineer.
12.12.050 Construction
specifications for City sidewalks and curbs‑‑Generally.
12.12.060 Construction specifications for
City sidewalks--Location.
12.12.070
Construction specifications for sidewalks and curbs‑‑Concrete
requirements.
12.12.080
Inspection by City Engineer.
12.12.090
Entrances to areaways‑‑Outside stairways to basements.
12.12.100 Bonds,
Fees and Permits prerequisite to construction.
12.12.110
Investigation Fees; Work without a Permit
12.12.130 Right-of-Way Improvements Required
12.12.140 Variance--Deferment of requirements.
12.12.150 Condemnation by City Engineer.
12.12.160 Approval of driveway approaches onto City
Right‑of‑Way.
12.12.170 Prohibited locations for driveway approaches.
12.12.180 Driveway approach apron widths.
12.12.190 City Rights‑of‑Way‑‑Vehicles
to be parked within private property lines.
12.12.200 Temporary Sidewalk and Construction Traffic
Control.
12.12.210 City Council to order construction.
12.12.240 Notice‑‑Service by publication.
12.12.260 Notice‑‑To contain statement as
to noncompliance.
12.12.270 Notice‑‑Filing of copies to be
conclusive proof of service.
12.12.280 Construction by City‑‑On
noncompliance with notice.
12.12.290 Construction by City‑‑Regulations
generally.
12.12.300 Payment to be made by City check.
12.12.310 Assessment for construction‑‑When
work done by City sidewalk and curb contractor.
12.12.330 Assessment for construction‑‑May
be paid in full.
12.12.340 Assessment for construction--Payable in
installments.
A. “Alley
approach” means any dedicated alley right-of-way used to access private or
public property.
B. “Alley
approach improvements” means any asphalt or concrete improvements along the
length of the alley between the connected streets
C.
"Apron" means that portion of the driveway approach extending from
the gutter flow line or curb cut to the sidewalk section.
D.
"Boulevard" means an area of public right‑of‑way between
the edge of the public street, whether curbed or not, and the private property
line. In the Montana Code Annotated, a boulevard is sometimes referred to as a
"parkway."
E. "Curb
return" means the curved portion of a street curb at street intersections
or the curved portion of a curb in the end slopes of a driveway approach.
F.
"Driveway" means an area on private property where automobiles and
other vehicles are operated or allowed to stand.
G.
"Driveway approach" means an area, construction, or improvement
between the roadway of a public street and private property and, intended to
provide access for vehicles from the roadway of a public street to a definite
area of the private property, such as a parking area, a driveway, or a door at
least seven feet wide, intended and used for the ingress and egress of
vehicles. The component parts of the driveway approach are termed the apron,
curb cut and the sidewalk section.
H. “Paving
work” includes parking lots, driveways, streets and alleys, and refers to any
asphaltic or cement concreting work, whether or private property or City
Right-of-Way, that is required to be performed as a result of the Building
Permit process or Zoning Compliance Permit process. All such “paving work” shall be performed
only upon payment of the required fees and issuance of a Paving Permit.
I.
"Sidewalk section" means that portion of a driveway approach lying
between the back edge of the sidewalk and the apron. (Ord. 3244, 2004; Ord. 2043
§5, 1979; prior code §28‑14).
12.12.020 Right-of-Way Permit‑‑Required‑‑Construction
to be performed by licensed and bonded contractor. Only licensed and bonded
sidewalk and curb contractors can remove, alter or construct any curb, gutter,
sidewalk, driveway approach, alley approach, pavement or other improvements in
any public street, alley or other property owned by or dedicated to or used by
this City and over which it has jurisdiction to regulate the matters covered by
this chapter, after first obtaining a permit from the City Engineer and paying
the necessary fees. Fees for the installation of curb, gutter, sidewalks,
driveway approaches, alley approaches, and pavement are set forth in Section
12.12.100. (Ord. 3244, 2004; Ord. 2043 §6, 1979; prior code §28‑15).
12.12.030 Right-of-Way Permit‑‑Application. Application for permits to
construct such improvements specified in Section 12.12.020 shall be made to the
City Engineer on forms provided for that purpose. These permits shall expire after 180 days
unless an extension is granted by the City Engineer. (Ord. 3244, 2004; Ord.
Prior code §28‑16).
12.12.040 Right-of-Way Permit‑‑Application—Approval
by City Engineer.
Before approving the improvements and issuing the permit required by
Section 12.12.020, the City Engineer shall determine that the proposed
improvement is in conformance with the provisions and standards set forth in
this chapter. (Ord. 3244, 2004; Ord.
2043 §7, 1979; prior code §28‑17).
12.12.050
Construction specifications for City sidewalks and curbs‑‑Generally.
All concrete sidewalks, curbs, driveway approaches and alley approaches,
placed in the City right-of-way, shall be constructed in accordance with City
of Missoula standard specifications and Standard Drawings and Montana Public Works
Standard Specifications (MPWSS) most recent edition. If there is a conflict
between the City and MPWSS standards, City standards shall govern except as
modified in this ordinance. (Ord. 3244, 2004; Ord. Prior code §28‑71).
12.12.060 Construction specifications for City
sidewalks--Location
A. Sidewalks,
constructed as a requirement for a building permit or zoning compliance permit,
shall be located so as to create a landscaped boulevard strip between the curb
or edge of the paved roadway and the new sidewalk; these are defined as
boulevard sidewalks. The City Engineer shall determine the width of this
landscaped boulevard based on the following criteria:
1. Total public right-of-way width.
2. Location of mature trees.
3. Topography.
4. A minimum boulevard width of 5 feet.
5. A minimum sidewalk width 5 feet.
B. Exceptions.
1. The City Engineer may waive the boulevard
sidewalk requirement if it is determined that one of the following criteria is
met:
a. The public Right-of-Way width is insufficient to
allow for the installation of a 5 foot sidewalk and a minimum 5 foot boulevard.
b. The installation of a boulevard sidewalk
would significantly impact the health of mature trees located or adjacent to
the public Right-of-Way, as determined by the City of Missoula Urban Forester.
c. The topography would make the installation
of boulevard sidewalks unusually expensive.
d. Other features such as ditches, power
poles, traffic control, etc., prevent installation of boulevard sidewalk.
e. Existing or
planned sidewalks in the neighborhood are not consistent with boulevard
sidewalks.
2. The following shall not be used as criteria
for waiver of the boulevard sidewalk requirement:
a. Existing fences or private structures
encroaching into the public Right-of-Way.
b. Existing landscaping and underground
irrigation, other then mature trees.
c. Existing sidewalk locations on the
property. (Ord. 3244, 2004)
12.12.070
Construction specifications for sidewalks and curbs‑‑Concrete
requirements. All concrete used in sidewalk, curb, driveway
approach and alley approach construction placed in the City right-of-way shall
meet the standards set forth in Montana Public Works Standard Specifications
(MPWSS) Section 03310, for M-4000 Concrete. (Ord. 3244, 2004; Ord. 2108, 1980;
prior code §28-72)
12.12.080 Inspection by City Engineer. All work must be inspected by
the City Engineer, or a designated agent, and must be done to the entire
satisfaction of the City Engineer, or such inspector. The contractor must give
the Engineer advanced notice to inspect the forms a minimum of four working
hours prior to placing concrete. The City Engineer, or such inspector, shall at
all times have direct supervision over the construction and repairing of all
sidewalks, curbs and alley approaches, and may at any time, when sidewalks,
curbs, or alley approaches are not being constructed or repaired in accordance
with this chapter, have authority to order the contractor constructing or
repairing such sidewalks, curbs, or alley approaches to suspend work thereon
until such construction or repairing thereon shall be made to conform in all
respects with the specifications set forth in this chapter and must be done to
the entire satisfaction of the City Engineer. (Ord. 3244, 2004; Ord. Prior code
§28‑90).
12.12.090 Entrances to areaways--Outside stairways to
basements. All facilities located within the City sidewalk, including but not
limited to: stairways, trap doors, elevated ramps, and utility meters, shall be
subject to the approval of the City Engineer prior to construction. (Ord. 3244,
2004; Ord. Prior code §28‑80)..
12.12.100 Bonds, fees
and charges prerequisite to construction.
A. No person shall remove, alter, or
construct any curb, sidewalk, driveway approach, new parking lot, gutter or any
combination thereof, upon first complying with the requirements of Section
12.08.030, nor shall such person remove, alter, or construct sidewalk, curb,
driveway approach, or gutter without the payment to the city of the fees and
charges provided in this section and without obtaining a permit from the city
engineer.
B.
The fee to inspect curb and gutter construction shall be:
|
|
|
Fee |
|
1. |
ROW curb permit: 0-30 lineal feet |
$165.00 |
|
2. |
ROW curb permit: 31-250 lineal feet |
$460.00 |
|
3. |
ROW curb permit: 251-1,000 lineal feet |
$696.00 |
|
5. |
ROW curb permit: greater than 1,000 lineal feet |
$696.00 |
|
|
plus
$0.13 per lineal foot |
$0.13 |
C.
The fee to inspect sidewalk and driveway approach construction shall be:
|
|
|
Fee |
|
1. |
ROW
sidewalk permit: 0-150 square feet |
$151.00 |
|
2. |
ROW
sidewalk permit: 151-500 square feet |
$404.00 |
|
3. |
ROW
sidewalk permit: 501-1,000 square feet |
$509.00 |
|
|
ROW
sidewalk permit: greater than 1,000 square feet |
$509.00 |
|
|
plus $0.13 per square foot |
$0.13 |
D.
The fee to design and stake curb and gutter shall be three hundred thirty eight
dollars ($338.00) and an additional fee of three ($3) dollars per lineal foot
shall be charged for curb and gutter construction exceeding a length of fifty
feet.
E.
The fee to inspect, design and stake curb, gutter and sidewalk work that is
contracted by the city shall be nineteen percent (19%) of the total dollar
amount of the curb, gutter and sidewalk contract.
F.
The costs and permit fees to inspect areas of paving work shall be as follows:
|
|
|
Fee |
|
1. |
Single-family
residential: |
$104.00 |
|
2. |
Multi-family/commercial
<2,000 square feet: |
$293.00 |
|
3. |
Paving
permit 2,000 to 50,000 square feet: |
$306.00 |
|
4. |
Paving
permit >50,000 square feet: |
$306.00 |
|
|
plus $0.01 per square foot |
$0.01 |
G.
The fee for the City Engineer to review building construction site plans for
compliance with applicable codes shall be collected prior to the issuance of
the building permit and the fee shall be:
|
|
|
Fee |
|
1. |
Miscellaneous
small structure plan check: (sheds, shops pole barns, sign bases
that usually take 30 minutes or less to review) |
$45.00 |
|
2. |
Single-family
residential plan check: |
$98.00 |
|
3. |
Hillside
single-family residential plan check: |
$154.00 |
|
4. |
Multi-family
residential plan check 2-4 units: |
$110.00 |
|
5. |
Multi-family
residential plan check 5-20 units: |
$168.00 |
|
6. |
Multi-family
residential plan check 21-50 units: |
$250.00 |
|
7. |
Multi-family
residential plan check greater than 50 units: |
$340.00 |
|
8. |
Commercial/industrial
plan check 0-20,000 square feet: |
$168.00 |
|
9. |
Commercial/industrial
plan check 20,001-100,000 square feet: |
$209.00 |
|
10. |
Commercial/industrial
plan check greater than 100,000 square feet: |
$320.00 |
H.
The fee for the City Engineer to review subdivision plan submittals for
compliance with applicable codes shall be collected when the subdivision plan
is submitted and the fee shall be:
|
|
|
Fee |
|
1. |
Subdivision – Engineering review major: |
$710.00 |
|
2. |
Subdivision – Engineering review minor: |
$328.00 |
(Ord. 3384
§3, 2008; Ord. 3350 §3, 2007; Ord. 3323 §3, 2006;Ord. 3298, 2005; Ord. 3259 §2, 2004; Ord. 3244, 2004; Ord. 3227,
2003)
12.12.110
Investigation Fees;
Work without a Permit. Whenever any work for which a Right-of-Way or
Paving Permit is required by this ordinance has been commenced without first
obtaining said permit, a special investigation shall be made before a permit
may be issued for such work. An
investigation fee, in addition to the permit fee, shall be collected whether or
not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee
required by this ordinance. The payment
of such investigation fee shall not exempt any person from compliance with all
provisions of this ordinance. (Ord.
3244, 2004).
12.12.120 Permit
Fee Refunds. Refunds or credits of permit fees shall only be
given when permit errors or mistakes are caused by the City. (Ord. 3244, 2004) .
12.12.130
Right-of-Way Improvements Required.
A. Sidewalks, curbs and gutters on
the public right-of-way shall be required for all new construction of
multifamily, (duplex and larger) commercial and industrial structures. Sidewalks, curbs and gutters on the public
right-of-way shall be required for all new construction of residential
structures when filling in missing links of curbs and sidewalks, or existing
patterns of curbs and sidewalks are established on the street. Where additions
to existing structures are made, such that the land use housed within the
structure is increased in its intensity so as to cause an additional parking
requirement, or where construction, reconstruction, changes or additions to
parking lots and access drives are made, sidewalks, curbs and gutters shall be
installed where no sidewalks, curbs and gutters exist.
B. This requirement shall be enforced
by the City Engineer who shall require sidewalks, curbs and gutters to be shown
on all site plans required for the issuance of a building permit or zoning
compliance permit; and further, shall require sidewalks, curbs and gutters to
be installed prior to the issuance of a permanent certificate of occupancy.
C. The location and construction
specifications of sidewalks, curbs and gutters, driveway approaches and alley
approaches shall be approved by the City Engineer, who shall also be
responsible for monitoring the installation of all sidewalks, curbs and
gutters, driveway approaches and alley approaches constructed on City Rights‑of‑Way.
D. Property
owners may finance the costs of sidewalks, curbs and gutters, driveway
approaches and alley approaches constructed pursuant to this chapter by special
improvement assessment payable in installments extending over a period of eight
years, twelve years, or twenty years as provided by Sections 12.12.310 through
12.12.340. Owners may specify the period of years to pay assessments. If the property owner does not specify the
number of years, the default option shall be twenty years. (Ord. 3416, 2010; Ord.
3244, 2004; Ord. 2370 §1, 1984; Ord. 2093, 1979).
12.12.140 Variance‑‑Deferment of
requirements.
A. The City Engineer may issue a variance for
postponement of the requirement for curbs and sidewalks when any one of the
following criteria is met, and the installation of the curb and sidewalk would
result in a substantial design or construction burden for the property owner
and the City:
1. The
ultimate alignment and grade of the road has not been established. Properties with large frontage, high
pedestrian need, drainage concerns, or parking and access control problems may
be required to establish ultimate road alignment.
2. Where
adverse conditions, including lack of right-of-way, adverse topography, major
utility conflicts, or irrigation ditches exist.
Existing landscaping, fences, or lack of existing curbs and sidewalks
are not considered adverse conditions.
3. A city
curb and sidewalk construction project is scheduled and will be completed
within one year.
4.
Construction of a sidewalk is not warranted because pedestrian generators or
destinations do not exist in the area, or other pedestrian facilities, such as
trails or adjacent sidewalks are preexisting.
B. The City Council may defer the sidewalk
requirement based on its judgment and review of the specific request. The City Council does not give up its rights
to cause sidewalks to be installed in the future when in the City Council's
judgment the conditions have changed.
C. The variance request shall be made in writing
providing reasons requested for the variance.
D. The need for temporary pedestrian facilities
shall be reviewed by the City Engineer if the conditions from section 12.12.130
(A) have resulted in a postponement of sidewalks. Landscaping and grading in the right-of-way
shall be constructed so as to permit the installation of future curbs and
sidewalks with a minimum of disruption to right-of-way. The plans for temporary pedestrian
facilities, landscaping and grading in the right-of-way shall be approved by
the City Engineer prior to construction. (Ord. 3244, 2004; Ord. 2994, 1996; Ord. 2208,
1981; Ord. 2199 §1, 1981; Ord. 2093 (part), 1979).
12.12.150
Condemnation by City Engineer. All sidewalks, driveway approaches, curbs or alley
approaches which, by reason of natural deterioration or decay, or by reason of
unevenness, steps, rapid slopes, or from any cause whatsoever, become dangerous
to the public safety, may be condemned by the City Engineer, and may be
immediately removed, remodeled or repaired, as determined to be most expedient,
and the cost thereof shall be assessed against and collected as a special
improvement tax lien upon the lot or lots abutting upon such sidewalks,
driveway approaches, curbs or alley approaches. (Ord. 3244, 2004; Ord. 2043
§19, 1979; prior code §28‑67).
12.12.160 Approval of driveway approaches onto City Right‑of‑Way.
A. All
applications for driveway approaches onto City Right‑of‑Way shall
be referred to the City Engineer for approval.
B. Upon
approval by the City Engineer, a Right-of-Way Permit shall be required before
construction can begin.
C. Driveway
approaches shall conform to Section12.12.160 and 12.12.170. Any deviation from
this section must be approved by the City Engineer. (Ord. 3244, 2004; Prior
code §28‑18).
12.12.170 Prohibited locations. Driveway
approaches are prohibited in the following locations:
A. Along the street no driveway
approach will be allowed unless a permanent asphalt, concrete or impervious
material driveway previously existed or where building plans have been
finalized to build a permanent parking structure, pad, carport or parking pad
conforming to zoning regulations. Driveways shall be located at the discretion
of and by the approval of the City Engineering Division, so as to result in no
undue interference with or hazard to free movement of normal traffic or
interference with the placement and proper function of highway signs, signals,
lighting or other devices that affect traffic operation.
B. Where barriers exist which do
not allow a driveway grade to be ten percent or less, no driveway approach will
be allowed.
C. Driveway approach shall not be allowed within twenty feet of a
crosswalk in a residential zone, or of the point of curvature for a curb
radius, or within fifteen feet of a crosswalk in a commercial zone, whichever
is greater.
D. Where demonstrated hardships can
be shown, the City Engineer may issue variances allowing individual driveway approaches
or curb cuts in prohibited locations. (Ord. 3244, 2004; Ord. 1991, 1979; prior
code §28‑21).
12.12.180 Driveway approach apron widths. The width of driveway approach aprons
measured at the curb line or edge of roadway asphalt, but not including the
width of a “wing” or “flare” transition on each side of the approach apron,
shall not exceed the following dimensions:
A. For residential driveways, twelve feet for
single driveways and twenty feet for double driveways. Where duplexes or larger
multi‑family units are built, up to twenty six feet will be allowed.
Residential driveway approaches exceeding 20 feet width may be approved by the
City Engineer. Single family residential
shall be limited to one driveway approach unless approved by the City Engineer.
B. For commercial driveways, when one or more
driveway approaches serve a given property frontage, no single apron shall
exceed thirty feet in width. Total driveway width shall not exceed 30 percent
of property frontage. Commercial driveways exceeding 30 feet in width may be
approved by the City Engineer.
C. Property frontage referred to in this section
includes the approach area directly in front of property owner or under the
control of the applicant and such area, as may be opposite adjoining property,
which is used for approach purposes by right of easement, or agreement with the
adjoining property owner.
D. Whenever the use of any existing or future
driveway approach shall be discontinued by reason of a change in the use or
design of the private property, the owner of the property shall remove the
driveway approach and shall restore the sidewalk and curbing affected by the
driveway approach to their normal levels, all under the direction required by
the City Engineer. If the owner of the property fails to restore the sidewalk
or curbing the City Council may order the restoration and the cost thereof be
assessed against the property. (Ord. 3244, 2004; Ord. 1992, 1979; prior
code.§28‑22).
12.12.190 City
rights‑of‑way‑‑Vehicles to be parked within private
property lines.
City rights‑of‑way may not be used for private or commercial
purposes unless such use is specifically authorized by this code or a use
permit is issued by the City Engineer. A permit for the construction of
driveway approaches shall not be issued unless vehicles to be served or
serviced can be parked entirely within the private property lines. (Ord. 3244, 2004; Prior code §28‑73).
12.12.200 Temporary Sidewalk and Construction Traffic
Control.
A. All persons engaged in the construction or
repairing of sidewalks, curbs, driveway approaches or alley approaches shall, when ordered so to do by the city
engineer, construct and maintain a temporary sidewalk. The temporary sidewalk shall be constructed
to the standard drawings with a hard, durable, non-slip all-weather surface and
not less than four feet in width extending from sidewalk to sidewalk, around
such sections of sidewalk or alley approach in the course of construction or
repair. All temporary sidewalks must conform to standards contained in the
Americans with Disabilities Act. Such temporary sidewalk must be constructed
before any work whatsoever is commenced on the permanent sidewalk or alley
approach and must not be removed until the permanent sidewalk or alley approach
is open to traffic. Where a traffic
hazard exists, the City Engineer may require additional protective structures
be placed adjacent to the temporary sidewalk.
B. Where overhead hazards exist
the City Engineer may require protective structures be placed over the
temporary sidewalk. These structures
must be approved by the City Engineer prior to opening the temporary sidewalk.
C. Traffic Control. Prior to the issuance of a permit the
contractor shall provide a traffic control plan or reference a Traffic Control
Plan Number from the City of Missoula
Guidelines for Traffic Control, if applicable, and gain approval of the
traffic control plan from the City engineer or a designated agent. The contractor shall be responsible for
maintaining safe travel corridors for all vehicle, bicycle and pedestrian
traffic as part of the approved traffic control plan. Traffic control devices shall be installed in
accordance with the approved traffic control plan before construction
operations, and shall be properly maintained and operated during the time such
special conditions exist. They shall
remain in place only so long as they are needed and shall be immediately
removed thereafter. Where operations are
performed in stages, there shall be in place only those devices that apply to
the conditions present. Devices or signs
that do not apply to existing conditions shall be removed, covered or turned so
as to not be readable by oncoming traffic. Barricade and sign supports shall be
constructed and erected in a proper manner.
Weeds, tree shrubbery, construction materials, equipment, spoil piles,
etc., shall not obscure any traffic control device or present a site visibility
obstruction as defined in 12.28.110.
.Excavated material that is stockpiled on City Right-of-Way shall be
safeguarded by means of flashing barricades, flares and proper traffic
regulatory signing. All safeguarding of
excavation projects must conform to the Manual on Uniform Traffic Control
Devices for Streets and Highways, U.S. Department of Transportation Federal
Highway Administration. (Ord. 3244, 2004; Ord. 2043 §21, 1979; prior code §28‑91)
12.12.210 City
council to order construction.
Whenever it is deemed necessary to construct any sidewalk, driveway
approach, curb or alley approach in the city, the city council may, by resolution duly made and entered upon its
minutes, order the construction of such sidewalk, driveway approach, curb or
alley approach, specifying in the order the name of the street along which and
the number of the lot or lots, and blocks in front of which, the sidewalk,
driveway approach, curb or alley approach is to be constructed. (Ord. 3244,
2004; Ord. Prior code §28‑51).
12.12.220 Notice‑‑Required. Upon the city council ordering
the construction of any sidewalk, driveway approach, curb or alley approach,
the City Engineer shall give written notice thereof within 60 days to the
holder of the record title of the premises in front of or along which the
sidewalk, driveway approach, curb, or alley approach has been ordered
constructed. (Ord. 3244; Prior code §28‑52).
12.12.230 Notice‑‑Service. Service of the written notice
provided in Section 12.12.220 must be made either by certified or registered
letter directed to the owner at his last known place of residence and deposited
in the United States post office within the city, with all necessary postage
and registry fees prepaid thereon, or by publication thereof once a week for
two successive weeks in the official newspaper of the city. (Ord. 3244, 2004;
Prior code §28‑53).
12.12.240 Notice‑‑Service by publication. If service of notice be made by
publication, all sidewalks, driveway approaches, curbs and alley approaches
ordered constructed by the City Council on the same date may be included in one
notice, and the notice when published shall not be directed to any person but
shall be entitled "Notice To Construct Sidewalks, Driveway Approaches,
Curbs and Alley Approaches." (Ord. 3244, 2004; Ord. Prior code §28‑54).
12.12.250
Notice‑‑Contents. The notice shall refer to the order or date of the
City Council meeting ordering the construction of a sidewalk, driveway
approach, curb or alley approach and shall describe the nature of work ordered
constructed, designating the name of the street along which and the number of the
lot or lots and blocks in front of or along which the sidewalk, driveway
approach curb or alley approach has been ordered constructed. (Ord. 3244, 2004;
Ord. 2043 §17, 1979; prior code §28‑55).
12.12.260 Notice‑‑To
contain statement as to noncompliance. The notice shall further state that if the holder of
the record title of the property in front of or along which the sidewalk,
driveway approach, curb or alley approach has been ordered constructed shall
fail, neglect or refuse to construct such sidewalk, driveway approach, curb or
alley approach for a period of thirty days from and after the date of the
mailing of such notice, if service of the notice shall be made by mail, or for
a period of thirty days from and after the date of the first publication of the
notice, if service thereof be made by publication, the sidewalk, driveway
approach, curb or alley approach will be constructed by a City sidewalk and curb contractor, and the
cost of the construction of the same, together with all expenses connected
therewith, will be assessed against the premises in front of or along which the
same has been ordered constructed and will become a lien thereon. (Ord. 3244,
2004; Prior code §28‑56).
12.12.270 Notice‑‑Filing
of copies to be conclusive proof of service. Copies of all notices mailed
with the registry or certified mail receipts attached thereto, and copies of
all notices published with the publisher's affidavit of publication attached
thereto shall be filed by the City Engineer in his office and shall be conclusive
proof of the service thereof. (Ord. 3244, 2004; Prior code §28‑57).
12.12.280
Construction by City‑‑On noncompliance with notice. If the owner of any premises, in
front of or along which any sidewalk, driveway approach, curb or alley approach
has been ordered constructed in the manner provided by this chapter, shall
fail, neglect or refuse to construct the same for a period of thirty days after
the date of the first publication of such notice, or for a period of thirty
days after the date of the mailing of the notice, the City Engineer shall let a
contract for the construction of all sidewalks, driveway approaches, curbs and
alley approaches ordered to be constructed. The cost of the construction,
together with all expenses in connection therewith, shall be assessed against
the premises in front of or along which the sidewalk, driveway approach, curb
or alley approach is constructed and shall be collected in the manner now or
hereafter to be provided by the provisions of this code or other City ordinance.
(Ord. 3244, 2004; Ord. 2043 §18, 1979; prior code §28‑58).
12.12.290
Construction by city‑‑Regulations generally.
A.
The city shall let a contract or contracts for the construction of all
sidewalks, driveway approaches, curbs and alley approaches which shall be
ordered constructed during the ensuing year and which the owners of the
premises, in front of or along which the sidewalks, driveway approaches, curbs
and alley approaches have been ordered constructed, shall fail, neglect or
refuse to construct, or where the property owner petitions the City Engineer to
have the sidewalk, driveway approach, curb and alley approach installed
adjacent to their property, or where the City Engineer, pursuant to Section
12.12.150, may order the repair of any sidewalk, driveway approach, curb or
alley approach.
B. All such sidewalks, driveway approaches, curbs
and alley approaches shall be constructed by a licensed and bonded sidewalk and
curb contractor in accordance with the specifications and subject to the conditions
contained in this chapter and in his contract, and all such construction shall
be under the immediate supervision and control of the City Engineer. (Ord.
3244, 2004, Ord. Prior code §28-60).
12.12.300 Payment
to be made by City Check. Payment for sidewalk, driveway
approach, curb and alley approach construction shall be made by check drawn
upon the appropriate city accounts as determined by the City Finance
Officer. Prior to final payment or the
releasing of any retainage or holdback of funds due,
the contractor shall satisfy the City Engineer that all bills incurred for the
labor and materials are fully paid. (Ord. 3244, 2004; Ord. Prior code §28‑62).
12.12.310
Assessment for construction‑‑When work done by City sidewalk
and curb contractor. The total cost of all sidewalks,
driveway approaches, curbs and alley approaches constructed by the City
sidewalk and curb contractor, or that may be repaired by the City Engineer in
accordance with the orders of the City Council, or in the maintenance of
sidewalks, driveway approaches, curbs and alley approaches (which total cost
shall include that of the sidewalk, driveway approach, curb or alley approach
proper, as well as that of any notice, publication, inspection, grade,
engineering, contract administration, fill, retaining walls, hand-railing,
manholes, manhole covers, trap doors, private crossings, traffic control
devices, pavement markings or striping, utility connections, repairs or
replacements which are located within the limits of the construction
installations, and all other necessary expenditures), shall be assessed as a
special tax against the property in front of or along which the sidewalk,
driveway approach, curb, alley approach or repairs thereto, are installed lying
within the City Right-of-Way. (Ord. 3244, 2004; Ord. Prior code §28-63).
12.12.320
Assessment for construction‑‑When work done by other
licensed and bonded cement contractor. The cost of any sidewalks, driveway approaches,
curbs and alley approaches constructed by any licensed and bonded cement
contractor, ordered by any property owner and not included within the
provisions of Section 12.12.310, may be assessed as a special tax against the
property in front of or along which any such sidewalk, driveway approach, curb
or alley approach is installed lying within the City Right-of-Way; provided,
that such licensed and bonded cement contractor shall, within thirty days
after the completion of such sidewalk, driveway approach, curb or alley
approach, file with the City Engineer an itemized statement of such work,
accompanied with a written request of the property owner that the cost of such
sidewalk, driveway approach, curb or alley approach be assessed as a special
tax against his property. Such licensed and bonded cement contractor shall be
paid as provided in Section 12.12.300. (Ord. 3244, 2004; Ord. Prior code §28‑64).
12.12.330
Assessment for construction‑‑May be paid in full. Special assessments may be paid
in full at any time following the first tax notice by payment of the whole amount thereof remaining
unpaid, together with the interest thereon to the first day of January
following. (Ord. 3244. 2004; Prior code §28‑66).
12.12.340 Assessment for construction—Payable in
installments.
Special improvement assessments are payable in installments extending
over a period of years, as specified in 12.12.130 (D), and become due and
payable each year when city taxes become due and payable. The following table shows the principal
amount due annually:
|
Period of Years Financed |
Principal Amount Due |
|
20 years (default if no other period is selected by the property owner) |
1/20 (one twentieth) |
|
12 years |
1/12 (one
twelfth) |
|
8 years |
1/8 (one eighth) |
(Ord.
3416, 2010; Ord. 3244, 2004; Ord. 2611 §1, 1988; prior code §28‑65).
RIGHT-OF-WAY OCCUPANCY
PERMIT
Sections:
12.14.020 Right of Way Occupation Permit Required
12.14.030 Permit Application Fee
12.14.050 Revocation of Permit
12.14.070 Furniture,
Items for Sale, Signs and other obstructions on Public Sidewalk
12.14.080 Exceptions to this Chapter
A. Right-of-Way, for purposes of this chapter, refers
to any roadway, alley, parking lane, boulevard or sidewalk located within the
public right-of way. Also referred to herein as City sidewalks, City alleys,
and City Streets. (Ord. 3244, 2004)
B. Right-of-way Occupancy means any activity that is located
within the City right-of-way that impedes free and safe movement of vehicular
or pedestrian travel, access or parking. (Ord. 3244, 2004)
12.14.020 Right-of-Way Occupation Permit
Required.
The
occupation of any public right-of-way for the purpose of performing the
following, including but not limited to: building maintenance, construction, or
repairs etc; tree removal or pruning, utility work, temporary placement of a
dumpster for construction, or any other activity as determined by the City
Engineer that impedes the safe passage of vehicular or pedestrian traffic,
requires a permit from the City Engineer and payment of the necessary
fees. Fees for the occupation of any
public right-of-way are set forth in Section 12.14.030.
Exceptions: The
following items are exempt from this permit requirement:
Mail boxes, newspaper dispensers, public garbage receptacles, permitted
sandwich-board signs, permanent public benches, bus stop shelters, bicycle
racks, public utility structures, and other items which the City Engineer may
determine are not subject to this ordinance.
Permits
will be required for the following:
A. Closure of one or more lanes of
traffic on a City street for a period of one (1) hour or more (Other than
activities authorized by Missoula Municipal Code Chapter 12.58 Special Events
Permits). Note: the guidelines from the
Manual on Uniform Traffic Control Devices and the City of Missoula Standard
traffic control plans must be followed for any lane closure.
B. Closure of a City alley for one (1)
hour or more.
C. Closure of a parking lane or
space(s) located on public right-of-way for four (4) hours or more. Permission from the Parking Commission must
be obtained for occupancy of a metered parking space or signed loading zone.
D. Closure of a City sidewalk in the
Central Business District for a period of one hour (1) or more. Note: the guidelines from the Manual on
Uniform Traffic Control Devices and the City of Missoula Standard traffic
control plans must be followed for any sidewalk closure.
E. Closure of all other City sidewalks
for a period of four (4) hours or more.
Note: the guidelines from the Manual on Uniform Traffic Control Devices
and the City of Missoula Standard traffic control plans must be followed for any
sidewalk closure.
F. Placement of a dumpster in a street
or parking lane for a period of four (4) hours or more. (Ord. 3244, 2004)
12.14.030 Permit Application Fee.
A. Any applicant wishing to occupy any
right-of-way for a permit for the purposes set forth in Section 12.14.020 shall
obtain the permit before proceeding with any occupation of the site. All applications
must include an approved traffic and/or pedestrian control plan which conforms
to the Manual on Uniform Traffic Control Devices as well as the City of
Missoula specifications and policies for traffic control in work zones. All applications must include a schedule of
work including dates and hours of occupancy.
All applications are subject to approval by the City Engineer.
B. The fee for the permit for the
purposes set forth in Section12.14.020 shall be $50.00 for up to thirty days of
occupancy or $100.00 for up to ninety days of occupancy. After ninety days a new permit application
and permit fee payment shall be required.
C. Whenever any work for which a
permit is required by this code has been commenced without first obtaining said
permit, a special investigation shall be made before a permit may be issued for
the work. The City Engineer may order
the site vacated until the investigation is completed and the required permit
is issued. An investigation fee, in addition to the permit fee shall be
collected prior to issuance of the permit.
The investigation fee shall be $50 or equal to the permit fee required
by this code, whichever is greater. The
payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
If the investigated activity is found not to require a permit under the
requirements of this code the investigation fee will be waived. (Ord. 3244,
2004)
12.14.040 Inspection.
The City
Engineer shall inspect all traffic control and pedestrian safety devices. If the requirements set forth in the permit
are not in compliance, then a correction notice in the form of a Stop Work
Order will be issued and all work terminated until corrections are made and
approved by the City Engineer. In
situations where a street is to be closed, the City Engineer may require
advance notice to affected properties and that the traffic control, once in
place, be approved before the permitted activity commences. (Ord. 3244, 2004)
12.14.050 Revocation of Permit.
A. All permits issued pursuant to this
code are subject to revocation at any time by the City Engineer whenever the
public interest, welfare, or safety would be best served by revocation. Revocation of the permit shall require the
permit holder to vacate the site immediately.
B. The permit holder will be issued a
notice of revocation in the form of a Stop Work Order stating the reasons,
date, and time, that the permit was revoked.
The permit holder shall have the right to appeal the revocation to the
City Engineer and to correct or modify the noted discrepancies to meet
requirements set forth by the City Engineer if such is deemed feasible. (Ord.
3244, 2004)
12.14.060 Garbage Receptacles.
A. Permitted Locations: Garbage Cans, Dumpsters, Grease Receptacles,
Recycling Containers and other waste receptacles used for the regular
collection of garbage may be located in the public right-of-way if all of the
following conditions are met. No permits
will be required.
1. There is no reasonable location
within the private property lines to place them.
2. If there is no reasonable location
within the private property receptacles must be placed in the alley if
available. All receptacles must be
located on private property or in alleys within the Central Business District.
3. The receptacles are to be located
adjacent to the user’s property whenever possible. If the receptacle is to be located adjacent
to a property other then the users then permission must be granted by the owner
of that property. If the user’s property
is located in the Central Business District but not adjacent to an alley they
must use the alley nearest to their property.
4. The area around the receptacles
must be kept neat and clean and grease receptacles must be emptied regularly
and not present a health or order problem.
B.
Prohibited Location: Except as permitted in Section A, Garbage Cans, Dumpsters, Grease Receptacles,
Recycling Containers and other waste receptacles used for the regular
collection of garbage may not be located in the following locations:
1. Within
the public street right-of-way except on collection day.
2. In any
location which would prevent safe movement of vehicles or pedestrians.
3. Other
locations as determined by the City Engineer, Zoning officer, other city agent
or other City of Missoula Municipal Codes. (Ord. 3244, 2004)
12.14.070 Furniture, Items for Sale, Signs and other obstructions
on Public Sidewalk
A. Permitted Locations: Sidewalk obstructions, including but not limited to
tables and chairs intended for the use of customers, and items for sale, are
subject to the following conditions:
1. The sidewalk is located adjacent to property
zoned Commercial.
2. The
obstruction may only be placed on sidewalk adjacent to the permitee’s
own property.
3. A six foot
(6’) clear area must be maintained.
4. The
obstruction must not be located adjacent to a loading zone.
5. The
obstruction shall not be chained to a bicycle rack. (Ord. 3244, 2004)
12.14.080
Exceptions to
this Chapter.
Activities
upon the public sidewalks, streets, alleys, and rights-of-way that are
regulated and permitted in other Chapters of the Missoula Municipal Code shall
be exempt from this Chapter. (Ord. 3244, 2004)
SIDEWALK MAINTENANCE
Sections:
12.16.010 Duties of property owners to keep sidewalks
repaired.
12.16.020 Legislative intent and purpose.
12.16.030 Snow and ice to be removed from sidewalks
12.16.035 Depositing of snow and ice restricted
12.16.040
Violations: work done, liability
therefore, civil penalty and collection
12.16.050
Defective sidewalks—Accidents—Police report.
12.16.060
Defective sidewalks—Failure of owner to repair.
12.16.070
Absence of notice to repair not a defense against fines or assessments.
12.16.080
Unlawful to drive over or deface or destroy sidewalks.
12.16.010 Duties
of property owners to keep sidewalks repaired.
It is the duty
of the owners or tenants of any premises within the city to keep the sidewalks
in front of and adjoining their premises in good, safe and substantial
condition and repair, and the owners or tenants shall see that all breaks and
unsoundness of any character resulting from natural deterioration, or from any
cause whatever, are repaired with all possible dispatch. (Prior code §28-1).
12.16.020 Legislative intent and purpose.
A. It is the intent of the City Council to
provide safe, easily passable sidewalks for pedestrian wintertime travel within
the City of Missoula, and to require the owners or tenants of the adjoining
premises to keep the same free from snow or other obstruction, in accord with
7-14-4105 (3) M.C.A.
B. It is the further intent of the City Council
that any person who fails to keep his/her sidewalks cleaned per the
requirements of this ordinance may be liable for actual costs of the City
cleaning the sidewalk plus a civil penalty plus a criminal penalty.
It
is also the intent of the City Council that the criminal offenses listed in
this ordinance be offenses involving absolute liability. Those offenses shall not require proof of any
one of the mental states described in subsections (33), (37) and (58) of
Section 45-2-101, M.C.A., and there shall be no penalty of imprisonment for a
violation of this chapter. (Ord. 3040,
1997)
12.16.025 Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
A.
“City” is the City of Missoula.
B.
“Director” is the Director of Public Works or his/her duly designated
and acting representative.
C. “Lot” or “parcel” means a parcel of land
occupied or intended for occupancy by one main building together with its
accessory buildings and which may include more than one platted lot.
D. “Person” means any individual, business
association, partnership, corporation or other legal entity, to include owner,
tenant, occupant, lessee, or otherwise.
E. “Roadway” means that portion of a street or
highway improved, designed, or ordinarily used for vehicular travel or parking,
exclusive of the berm or shoulder.
F. “Sidewalk”
means a paved, concrete, or cement pathway intended for public
pedestrian use and located parallel to a street or road, on either public
right-of-way or a public use easement. (Ord. 3040, 1997)
12.16.030 Snow and ice to be removed from sidewalks.
A. Every person owning, in charge or control of,
or occupying as tenant any building or lot of land within the city which fronts
on, abuts, or contains within a public
use easement a sidewalk, shall remove and clear away, or cause to be removed and
cleared away, snow, ice, slush, mud, or other impediment to safe and convenient
foot travel from so much of said sidewalk as is in front of, abuts on, or is
contained within said building or lot of land.
It is further such person’s duty to prevent accumulation of the same
upon such sidewalks.
Snow, ice, slush, mud, or other impediment shall be
removed from all sidewalks in the City by nine a.m. of the next day following a
snowfall.
B. When from freezing of water, snow or slush
thereon, or by reason of such compaction resulting from the wear of foot travel
or from any cause whatever, sidewalks are rendered dangerous, unsafe or
difficult to the free passage of pedestrians, it shall be the duty of the
owners or tenants of premises in front of,
adjoining or containing within a public use easement such sidewalks to
forthwith remedy such conditions by sprinkling sand or de-icing agents on the
sidewalks, or chipping or by other safe and efficient means. (Ord. 3040, 1997; Ord. 2043 §2, 1979; prior
code §28‑3)
12.16.035
Depositing of snow and ice restricted.
No person
shall deposit or cause to be deposited any accumulation of snow or ice on or
against a fire hydrant or on any sidewalk, pedestrian roadway crossing,
roadway, roadway shoulder or berm, curb or gutter,
any handicap parking space, any loading and unloading area of a public
transportation system or any area designated for use by emergency vehicles for
access. (Ord. 3040, 1997)
12.16.040
Violations: work done, liability
therefore, civil penalty and collection.
A.
In the event of the failure of any person responsible for clearing the
sidewalk to clear away or treat with abrasives or suitable de-icing agents and
subsequently clear away any snow, ice,
slush, mud, or other impediment from any sidewalk as required by this
ordinance, or cause this to be done, the director may, as soon as practicable
after such failure, cause such work to be done at the expense of the property
owner.
B. The director shall ascertain and keep a
record of: the exact date and costs of
all work caused to be done in accordance with this section on account of each
act or omission of each person; a legal
description of the lot or lots fronting,
abutting on or containing within a public use easement the sidewalks cleared
along with the street address; and the
identity of the owner(s) of the premises
along with, when possible, any tenant(s), occupant(s) or lessee(s).
C. Each person whose act or omission makes it
necessary that the director cause work to be done in accordance with this
section shall be liable to the City for the cost of such work. The costs will be: a minimum of $25.00 for up to one-half hour
of snow removal work plus actual time for snow removal beyond one-half hour pro-rated at the rate of
$50.00 per hour, plus an administrative
fee of $35.00. Actual fees may exceed
the minimum fee in instances in which actual costs are documented to exceed the
minimum fee.
D. The director shall give each person written
notice of the amount owed to the City as soon as practicable. The payment of such amount may be enforced
through suit for collection or by levying an assessment on the premises or
both.
E. In the event of assessment, the City Council
shall annually pass and adopt a
resolution levying an assessment and tax against each lot or parcel of land
fronting, abutting on, or containing within a public use easement the sidewalks
cleared under the order of the director and according to his/her report.
Any such assessment or tax against the lot or parcel of real estate to
which this sidewalk clearing service is furnished and for which payment is
delinquent, shall become a lien on the real estate receiving the benefit. (Ord.
3040, 1997)
12.16.045 Criminal
penalties. Any
person who violates any provision of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount of not less
than twenty-five dollars or more than fifty dollars. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder. There
shall be no penalty of imprisonment for a violation of this chapter. (Ord. 3040, 1997)
12.16.050 Defective
sidewalks—Accidents—Police report.
Police officers shall report to the chief of police all defective or unsafe
sidewalks or crossings, as well as the particulars of any accidents that may
occur by reason of any defective or unsafe sidewalk or crossing and the names
of witnesses and persons injured thereby. A copy of this report shall be given
to the city engineer, who will in turn notify the owners of repairs
required. (Ord. 2043 §3, 1979; prior
code §28-6)
12.16.060 Defective
sidewalks—Failure of owner to repair. Upon the refusal or neglect of the
owner or tenant of any premises to remove obstructions from, or to make
necessary repairs to, the sidewalks in front of or adjoining the premises, and
when, in the opinion of the city engineer, immediate repairs or the removal of
obstructions are necessary to prevent accidents, the city engineer may
immediately proceed with the same, and the full cost of such repairs or removal
of such obstructions shall be assessed against the premises, as provided in
Section 12.16.050. (Prior code §28-7).
12.16.070 Absence of
notice to repair not a defense against fines or assessments.
Absence of notice to
owners or tenants to repair dangerous or unsafe sidewalks, or to remove
obstructions therefrom, shall not constitute a valid
excuse against the payment of any fine or damages or assessments by such owners
or tenants; and nothing contained in any of the preceding sections shall be so
construed as to release the owners or tenants of real estate from the duty of
keeping the sidewalks in front of and adjoining their respective premises in a
good and thorough state of repair, but such duty is hereby expressly enjoined
and imposed upon all such owners or tenants. (Prior code §28-8).
12.16.080 Unlawful to
drive over or deface or destroy sidewalks.
It shall be unlawful for any person or
persons to drive any vehicle of any kind upon, over or across any sidewalk,
curb, parkway, or boulevard unless a driveway approach has been constructed. To
mark, deface or destroy any sidewalk or curb, or cause the same to be done is
also unlawful. (Ord. 2043 §4, 1979; prior code §28-9)
DRIVEWAYS
(Repealed)
12.20.010 Repealed. (Ord. 3244, 2004; Ord. 2043 §5, 1979;
prior code §28‑14).
12.20.020 Repealed. (Ord.
3244, 2004; Ord. 2043 §6, 1979; prior code §28‑15).
12.20.030
Repealed. (Ord.
3244, 2004; Prior code §28‑16).
12.20.040 Repealed. (Ord.
3244, 2004; Ord. 2043 §7, 1979; prior code §28‑17).
12.20.050 Repealed. (Ord.
2043 §8, 1979; prior code §28‑20).
12.20.060
Repealed. (Ord.
3244, 2004; Prior code §28‑18).
12.20.070
Repealed. (Ord.
3244, 2004; Ord. 2043 §8, 1979; prior code §28‑19).
12.20.080 Repealed. (Ord.
3244, 2004; Ord. 1991, 1979; prior code §28‑21).
12.20.090
Repealed.
(Ord. 3244, 2004; Ord. 1992, 1979;
prior code.§28‑22).
12.20.100 Repealed. (Ord.
3244, 2004; Ord. 2043 §10, 1979; prior code §28‑23).
12.20.110 Repealed.
(Ord. 3244,
2004; Prior code §28‑24) .
12.20.120 Repealed. (Ord.
3244, 2004; Prior code §28‑25).
12.20.130 Repealed. (Ord.
3244, 2004; Prior code §28‑26).
12.20.140
Repealed. (Ord.
3244, 2004; Prior code §28‑27).
12.20.150 Repealed. (Ord.
3244, 2004; Prior code §28‑28).
12.20.160 Repealed. (Ord.
3244, 2004; Ord. 2169 §1, 1980; prior code §28‑29).
12.20.170 Repealed. (Ord.
3244, 2004; Prior code §28‑30).
Parking Facilities
Sections:
12.22.030 Conflicting
Provisions
12.22.050 General
Requirements
12.22.060 Americans
with Disabilities Act (ADA) Requirements
12.22.070 Paving
Construction Work-Application, approval, and permit required
12.22.080 Paving
Construction Work -- Standards compliance required
12.22.090 Paving
Construction Work -- Inspection by City Engineer
12.22.100 Parking
Facility requirements for Single Dwelling Parcels
12.22.110 Parking
Construction requirements for Duplex Parcels
12.22.120 Parking
Construction requirements for Multi-dwelling Parcels
12.22.130 Parking
Construction requirements for Commercial and Industrial Parcels
The parking
facility ordinance is adopted for the purpose of setting forth design and
construction requirements for parking lots and associated facilities (Ord. 3424, 2010)
The purpose of this code is to regulate the design
and construction of parking facilities, site accessibility, and exterior
accessible routes when triggered by:
A. Building or zoning compliance permit
B. Change in use or
modification to exiting structure or parcel which results in a change in
parking location, configuration, and/or ADA requirements
C. Modifications to
existing parking facilities
(Ord. 3424, 2010)
12.22.030 Conflicting Provisions
If
the provisions of this Parking Facilities Ordinance conflict with provisions or
regulations of Federal, State or Local Government, then the most restrictive
will apply to the extent permitted by law. (Ord. 3424, 2010)
A. “Accessible Parking
Space” means any parking space that meets Americans with Disabilities Act
(ADA) parking requirements.
B. “Access Aisle” means
the area adjacent to an accessible parking space which allows for unobstructed
ingress/ egress and access between the vehicle and the accessible route and
upon which parking is prohibited.
C. “Accessible Route”
means a pedestrian walkway that connects accessible elements of developments
with other elements, including but not limited to; accessible parking spaces to
accessible entrances, accessible entrances to other accessible entrances,
accessible entrances to public sidewalks.
D. “Alley Approach”
means any dedicated public alley right-of-way used to access private property
from a public alley.
E. “Alley Approach
Improvements” means any asphalt or concrete improvements along the length of
the alley between the connected avenue(s) and / or street(s).
F. “Alterations to
Primary Function Area/s” means an alteration that affects or could affect the
usability of /or access to an area containing a primary function or activity.
G. "Apron"
means that portion of the "Driveway Approach" extending from the
gutter flow line or curb cut to the property line and / or sidewalk.
H. "Boulevard"
means an area of public right-of-way between the curb / gutter or edge of the
public street and the sidewalk and / or private property line. (may also be referred to as a
"Parkway")
I. “Commercial /
Industrial Parcel” means, for the purpose of this ordinance;
1.
A
parcel on which the principal use is related to the purchase or sale of, or
other transaction involving the handling or disposition of any article, service
or commodity is conducted.
2.
A
parcel on which other facilities including but not limited to office buildings,
offices, maintenance, recreational or amusement enterprises, churches, schools,
are located on a parcel.
3.
A
parcel on which the manufacture of any goods or products occurs.
J. "Curb Cut"
means the portion of curb / gutter at the "Driveway Approach" and
street that is removed to permit the passage of vehicles. (may also be referred to as a "Laydown")
K. “Driveway" means
an area on private property where automobiles and / or other motorized and / or
non-motorized vehicles are operated or permitted / required / allowed to be
parked or stored. A "Driveway"
shall be paved for its entire length with asphalt or concrete to reduce drag-on
of debris to the street surface and / or airborne dust (fugitive particulate),
as per Missoula City – County Air Pollution Control Program, Chapter 8 -
Fugitive Particulate.
L. "Driveway
Approach" means an improved area of public right-of-way, between a public
street and private property, which is intended and / or used to provide access
for vehicles from a public street to an area of the private property used,
designated and / or established as a parking area, a driveway, or to a parking
structure; garage, carport, etcetera,
Component parts of a "Driveway Approach" includes and are
referred to as the "Curb Cut" ("Laydown"),
the "Apron" and the "Sidewalk Section".
M.
"Driveway
Sidewalk Section" means that portion of a "Driveway Approach"
lying between the back edge of the sidewalk and the "Apron".
N. “Duplex or Duplex
Parcel”, for the purpose of this ordinance, means any single parcel that has
two (2) living units whether connected or detached.
O. “Multi- family or
Multi Dwelling Parcel”, for the purpose of this ordinance, means any single
parcel that has three (3) or more living units whether connected or detached.
P. “Parking lot, Parking
Area, or Parking Facility” means an area where operable vehicles are parked for
more than fifteen (15) days of a calendar year.
This also includes other parking facilities such as; parking structures,
carports and garages. For this ordinance
this will be known as a parking facility.
Q. “Paved” means having
a minimum of two inches (2”) of hotmix asphalt or
four inches (4”) of M4000 Portland cement with the appropriate base for the
existing soil type. Alternate hard
surfaces may be used only with prior approval by the City Engineer. The thicknesses noted above are minimums and
the use, soil conditions, and specifications may require additional paving
section.
R. "Parkway"
means an area of public right-of-way between the curb / gutter or edge of the
public street and the sidewalk and / or private property line. A 'Parkway" may also be located in the
center of a street between driving lanes.
(may also referred to as a "Boulevard")
S. “Parcel” means a
contiguous area of land that is designated by its owner as a site to be used,
developed, or built upon as a unit, under single ownership or control.
T. “Paving Construction
Work” includes public and / or private parking facility, driveway, driveway
approach, apron, street and alley approach and refers to any asphaltic or
cement concreting work, whether upon and / or within private property or public
right-of-way, that is required to be performed as a result of the Building
Permit process or Zoning Compliance Permit process or to comply with any other
Federal, State or Local Law or Code. All
such “Paving Construction Work” shall be performed only upon payment of the
applicable required fees and acquisition of all required permit(s).
U. "Private
Road" means a privately owned access that serves three (3) or more
single-family residential parcels or a privately owned access that serves one
(1) or more multi-family (duplex or larger / greater) parcel or a privately
owned access that serves any non-residential parcel. All private roadway
improvements, including pavement, curbs, sidewalks and drainage shall be in
accordance with city street and road standards as reviewed and approved by the
City Engineer.
V. "Property
Frontage" means the boundary of a parcel that abuts public street or alley
right-of-way..
W.
"Public
Road" means a road (street) constructed / located upon or within a
dedicated public right-of-way or a public easement.
(Ord. 3424, 2010)
12.22.050 General Requirements
A. Driveways, private
roads, and parking facilities shall be laid out, designed and constructed in
accordance with Missoula Municipal Code requirements, City Fire Department and
City Engineering standards and specifications.
B. No driveways from
City streets shall be created in residential zoning districts for parcels with
access to an alley except those approved by the City Engineer.
C. Parking is prohibited
on boulevards between the curb and property line, where curbing exists.
D. Accessible parking
facilities shall be provided in accordance with current ADA regulations,
Missoula Municipal Code requirements, and City Engineering Division standards and specifications
E. All parking
facilities, driveways, and private roads on which improvements are required as
set forth in Title 12 and Title 20 shall be paved prior to occupancy. These include but are not limited to the
following:
1.
Parking
improvements required through a Zoning Compliance Permit.
2.
Parking
improvements required through a Building Permit.
3.
Parking
improvements required through a new or change of use per 20.60.010B.
F.
Any
commercial / industrial property whose approach / access use adversely effects any public right-of-way infrastructure shall
be required, as reviewed and approved by the City Engineer, to execute measures
to prevent accelerated deterioration of said public right-of-way infrastructure,
maintain current level of public access and use of the public right-of-way
infrastructure and shall endeavor to mitigate the excessive commercial /
industrial use.
G.
Private driveway paving construction work shall be
completed along the entire length of a private driveway starting at the
existing adjacent intersecting public road.
Private driveway paving construction work shall be reviewed and approved
by the City Engineer and may include curb / gutter, minimum twelve (12') foot
asphalt surface and drainage infrastructure.
Private driveway paving construction work cannot exceed a maximum grade
of eight (8%) percent. A maximum grade up to ten (10%) percent may be allowed
for a length of up to fifty (50') feet if approved by the City Engineer and
City Fire Marshall.
H.
Private road paving construction work shall be
completed along the entire length of a private road starting at the existing
adjacent intersecting public road.
Private road paving construction work shall be reviewed and approved by
the City Engineer and may include curb / gutter, minimum twenty-four (24') foot
asphalt surface and drainage infrastructure.
Private road paving construction work cannot exceed a maximum grade of
eight (8%) percent. A maximum grade up to ten (10%) percent may be allowed for
a length of up to fifty (50') feet if approved by the City Engineer and City
Fire Marshall.
I.
Driveways
and private roads shall substantially follow natural contours and not exceed a
maximum grade of eight (8%) percent. A
maximum grade up to ten (10%) percent may be allowed for a length of up to
fifty (50') feet if approved by the City Engineer and City Fire Marshall. Where
barriers exist which do not allow a driveway / parking lot / parking garage
approach / apron grade to meet this requirement, no driveway / parking lot /
parking garage approach / apron, improvements shall be permitted.
J.
Access is prohibited to unpaved areas, including but
not limited to; front, back or side yards, boulevards, secondary unpaved /
unimproved areas, etcetera. Existing
accesses to the above noted areas shall be removed if installed after September
16, 1994, (date of adoption of the Missoula City-County Air Pollution Program),
and / or curb installation, and / or if modifications to the parcel results in
additional parking requirements. Exemptions: These must meet dust and carry-on
abatement measures. Refer to the Missoula City-County Air Pollution Program
Chapter 8 for specific restrictions and conditions.
1. Temporary
roads and parking at active construction sites
2. Temporary
parking if weather prevents paving before occupancy if approved by City
Engineer
3. Roads solely
used for agricultural purposes
4. Long-term
parking for heavy equipment and semi trucks where vehicles will be parked for
longer than forty-eight (48) hours and no other vehicular traffic is
allowed. (This exemption does not apply
to sales lots)
5. Long-term
parking in commercial and industrial parking lots for vehicles that will be
parked for extended periods of time, if no other vehicular traffic is allowed
and if no more than fifteen (15) vehicles travel in or out of the area per day
,averaged over any three consecutive days. (This exemption does not apply to sales lots)
6. At licensed
RV parks, accesses to parking spots must be paved, but parking spots for RVs
need not be paved
7. Parking
areas used exclusively for the sale and display of light tractors and other
implements with no other vehicular use permitted.
8. Parking
areas used exclusively for outdoor recreational/entertainment facilities
including but not limited to; outdoor theaters, fairs or athletic fields.
K.
Access is prohibited to any location that does not
meet the requirements for sight distance, grade, proximity to intersection(s)
or any other hazardous or unsafe traffic condition as determined by the City
Engineer
L.
Residential
(single dwelling and multi-dwelling) parcel:
driveways are prohibited within thirty (30') feet of a crosswalk, stop
sign / stop bar or of the point of curvature (PC) and / or point of tangent
(PT) of the curb / gutter radius, whichever
is greater.
M.
Commercial / Industrial driveways are prohibited
within twenty (20') feet of a crosswalk, stop sign / stop bar or of the point
of curvature (PC) and / or point of tangent (PT) of the curb / gutter radius,
whichever is greater.
N.
All
driveway / parking lot / parking garage approach / apron improvements shall be
constructed at ninety (90°) degrees or perpendicular to the adjacent street and
/ or alley.
O. Driveways and private
roads exceeding one hundred-fifty (150') feet in length require approval from
the City Fire Marshall.
P. Alleys may be used as
back-around access to residential and / or commercial angle parking on private
property if the following requirements are met.
A.
The
parking spaces shall be of sufficient depth to allow for an unobstructed
twenty-six (26’) feet back-around space.
Additional commercial requirements include:
B.
The
maximum number of parking spaces is ten (10) or less.
C.
For
ninety (90°) degree parking, the alley shall be paved to the nearest
intersecting avenue(s) and / or street(s) or as set forth in Title12.22
D.
For
less than ninety (90°) degree parking and parallel parking, the length of the
entire alley shall be paved.
Q. Existing parking
facilities shall not be altered to violate the requirements of this chapter.
R. The number of
off-street parking spaces shall be provided in accordance with the off-street
parking schedule in 20.60.020C.
(Ord. 3424,
2010)
12.22.060 Americans with Disabilities Act (ADA)
Requirements
A. All parking
facilities shall meet current / most recent ADA requirements as set forth by 28
CFR part 36
B. Minimum Accessible
parking spaces required:
|
Total
Number of Parking Spaces Provided in Parking Lot |
Minimum
Number of Required Accessible Parking Spaces |
|
1 to 25 |
1 |
|
26 to 50 |
2 |
|
51 to 75 |
3 |
|
76 to 100 |
4 |
|
101 to 150 |
5 |
|
151 to 200 |
6 |
|
201 to 300 |
7 |
|
301 to 400 |
8 |
|
401 to 500 |
9 |
|
501 to 1000 |
2% of total |
|
1001 and over |
20, plus 1 for each 100, or fraction
thereof, over 1000 |
1. Commercial parking
facilities containing 4 or fewer parking spaces shall install an accessible
parking space and all other required access, but are not required to reserve
the parking space for exclusive ADA use.
2. The 1st
space and every 6th space there after shall comply with ADA van
accessible parking and access requirements.
C. All new commercial,
industrial, and multi-dwelling units with 4 or more dwelling units shall comply
with all ADA parking and access requirements.
D. Alterations to the
primary function area shall result in the application of applicable ADA parking
and access standards to the site.
E. All accessible
parking spaces shall be constructed per City of Missoula Engineering Division
specifications and standards.
F. Accessible parking
spaces shall be located on the shortest route to the accessible
entrance(s).
G. Accessible parking
spaces that serve a particular building or facility shall be located on the
shortest accessible route from parking to an entrance. Where parking serves more than one (1)
accessible entrance, parking spaces shall be dispersed and located on the
shortest accessible route to the accessible entrances. In parking facilities that do not serve a
particular building or facility, accessible parking spaces shall be located on
the shortest accessible route to an accessible pedestrian entrance of the
parking facility.
H. At least one (1)
accessible route shall be provided within the site from accessible parking
spaces and accessible passenger loading zones; public streets and sidewalks;
and public transportation stops to the accessible entrance(s). This accessible
route shall be maintained clear of all obstructions including but not limited
to; storage, display, signing, etc. which will reduce the pedestrian route to
less than the minimum width specified in
Titles 12 and 20
I. At least one (1)
accessible route shall connect accessible buildings, accessible facilities,
accessible elements, and accessible spaces that are on the same site. An accessible route shall be constructed to
connect with adjacent parcels if required to meet cross connection requirements
as determined by a comprehensive development plan, zoning compliance permits or
the City Engineer.
J. Access aisles shall
adjoin an accessible route. Two (2)
parking spaces may share a common access aisle.
Access routes shall connect parking spaces to accessible entrances. In parking facilities where the accessible
route(s) shall cross vehicular traffic lanes, marked crossing(s) shall be
installed. An accessible route shall not
pass behind parked vehicles.
K. General requirements
for accessible parking spaces; these are minimum guidelines and are further
defined in City of Missoula Engineering Division standards and specifications.
1. Where parking spaces
are marked with lines, width measurements shall be from the center of the line.
2. The maximum grade
allowable in any direction for an accessible parking space and access aisle is
1:50 or two (2%) percent.
3. No portion of an
access ramp shall extend into the accessible parking space or access aisle.
4. Covered ADA van
accessible parking spaces shall have a minimum vertical clearance of
ninety-eight (98”) inches
5. Covered passenger
loading zones shall have a minimum vertical clearance of one hundred fourteen
(114") inches.
L. General Requirements
for accessible routes; these are minimum guidelines and are further defined in
City of Missoula Engineering Division standards and specifications.
1. Accessible routes
shall meet all ADA guidelines for slope and grade.
2. Accessible routes
next to paved areas shall be grade separated by a minimum of four (4")
inches.
3. Accessible routes
shall be a minimum of five (5’) feet wide unless otherwise designated in Title
20. A reduction in width may be allowed
by the City Engineer if sufficient hardship can be proved, but shall not be
less than ADA minimum requirements.
4. Accessible routes
crossing driving lanes shall be delineated by a contrasting surface or by
pavement markings.
5. Accessible routes
shall be constructed of portland cement concrete
except as noted above when crossing a driving lane. Alternative hard surfaces may be approved by
City Engineer, prior to construction.
(Ord. 3424, 2010)
12.22.070 Paving
Construction Work-Application, approval, and permit required
A. Application for
permit(s) for paving construction work improvements specified in this chapter
shall be made to the City Engineer on permit application form(s) provided for
such permitting purposes.
B. Prior to approval of
paving construction work improvements and issuance of permit(s) required by
this chapter, the City Engineer or a designated agent shall review and
determine that the proposed improvement(s) is / are in conformance with the
provisions and standards set forth in this chapter and elsewhere.
C. Upon approval by the
City Engineer or a designated agent, a Right-of-Way Permit and / or a Paving
Permit and / or an ADA (accessibility) Permit shall be required before paving
construction work may begin.
D. Paving construction
work by any licensed contractor to install, remove, or replace and parking
facility improvements on public right-of-way or private shall first obtain any
required permit(s) from the City Engineering Division and pay all required fees
prior to commencing any such paving construction work.
E. Paving construction
work performed upon or within the City of Missoula public right-of-way shall be
performed by a right-of-way construction contractor who is currently and
properly licensed by and bonded to the City of Missoula,.
F. Paving construction
work performed upon or within private property shall be performed by a current
and properly licensed contractor.
G. Paving construction
work performed upon or within the City of Missoula public right-of-way and / or
upon or within private property without required permit(s) shall be subject to
an investigation fee which shall be equal to the fee amount for the required
un-purchased permit(s) and in addition to the required permit(s) fee.
H. Paving construction
work performed for driveway approach / apron construction shall conform to this
section and any deviation from this section shall be reviewed and approved by
the City Engineer prior to any paving construction work activities.
(Ord. 3424, 2010)
12.22.080 Paving Construction Work -- Standards
compliance required.
A. All paving
construction work for parking facilities, sidewalks, curb / gutter, driveway
approaches and alley approaches, placed in the public right-of-way and private
property shall be constructed in accordance with the most recent / current
published versions of Montana Public Works Standard Specifications (MPWSS),
City of Missoula Engineering Division Standard Drawings and City of Missoula
Administrative Rules.
B. All paving
construction work for parking facilities, sidewalks, curb / gutter, driveway
approaches and alley approaches, placed in the public right-of-way and private
property shall be constructed in accordance with the most recent / current
published versions of Americans with Disabilities Act (ADA), City of Missoula
Engineering Division Standard Drawings and City of Missoula Administrative
Rules.
C. All paving
construction work for parking facilities, sidewalks, curb / gutter, driveway
approaches and alley approaches, placed in the public right-of-way and private
property shall be constructed in accordance with the most recent / current
published versions of Manual of Uniform Traffic Control Devices (MUTCD), City
of Missoula Engineering Division Standard Drawings and City of Missoula
Administrative Rules.
D. All paving
construction work for parking facilities, sidewalks, curb / gutter, driveway
approaches and alley approaches, placed in the public right-of-way and private
property shall be constructed in accordance with the most recent / current
published versions of the Missoula City – County Air Pollution Control Program
requirements, City of Missoula Engineering Division Standard Drawings and City
of Missoula Administrative Rules. Paving
construction work contractors, engineers, architects and designers shall
specifically examine and closely observe the requirements of the Missoula City
– County Air Pollution Control Program, Chapter 8 - Fugitive Particulate.
E. In the event of
conflict or discrepancy between the MPWSS, ADA and / or MUTCD and any City of
Missoula Engineering Division standards, documentation and / or related
specifications, the City of Missoula Engineering Standards, documentation and /
or related specifications shall prevail and govern.
(Ord. 3424, 2010)
12.22.090 Paving Construction Work -- Inspection by
City Engineer.
A. All paving
construction work on public right-of-way shall be inspected by the City
Engineer or a designated inspector prior to paving construction work and all
paving construction work shall be executed and completed to the satisfaction of
the City Engineer or designated inspector.
A minimum four (4) working hours advanced notice to perform an inspection
of the traffic control, the graded work site, concrete forms and / or any other
required inspection(s) is required prior to executing the required paving
construction work.
B. All paving
construction work on private property shall be subject to final inspection by
the City Engineer or a designated inspector after completion of paving and all
paving construction work shall be executed and completed to the satisfaction of
the City Engineer or designated inspector.
C. An approved, stamped
set of plans shall be made available at all construction sites prior to any
inspections.
D. Whenever such paving
construction work activities are not executed in accordance with this chapter,
the City Engineer or designated inspector shall have authority to order the
contractor executing the paving construction work to suspend said paving
construction work activities thereon until such paving construction work
therewith shall be made to conform in all respects with the standards and
specifications set forth in this chapter.
(Ord. 3424, 2010)
12.22.100 Parking Facility requirements for Single
Dwelling Parcels
A. All driveways shall
meet the requirements of MMC 12.12
B. A residential
single-dwelling parcel shall be permitted only one (1) access / approach to the
public right-of-way in the following order of priority; alley, side street,
fronting street – further defined and clarified as:
1.
Mid-block parcel shall have access by;
a.
Alley access.
b.
Fronting street access.
2.
Corner parcel shall have access / approach by;
a.
Alley access / approach.
b.
Side street or lowest traffic volume street access /
approach.
c.
Fronting street or highest traffic volume street
access / approach.
3.
Loop driveways and through-lot (street to alley)
driveways are not permitted.
C. Parking is prohibited
in front and street side setbacks for new construction except when located in
front or street side setback in front of a garage, carport, or other parking
space located outside the required building setbacks.
D. Curb cut / driveway
approaches, for new construction, shall not be permitted where the garage doors
are less than twenty (20’) feet from the property line on street frontages.
E. No more than forty
(40%) percent of the front yard area in an “R” district shall be paved or used
for parking or vehicular use. On corner
parcels, not more than twenty (20%) percent of the street side yard shall be
paved or devoted to parking or other vehicle use.
F. Parking within the
setbacks shall be removed when the adjacent parking spaces are removed from
outside the required building setback. A
curb cut and driveway approach, if existing, shall be removed and the previous
parking area shall be landscaped. The
driveway may be retained if it meets all the following conditions:
1.
The
driveway shall be a minimum of twenty (20’) feet long as measured from the
property line
2.
The
driveway and apron must be paved
3.
The
maximum width of the driveway within the setback cannot exceed twenty (20’)
feet
G. All existing and new
parking shall comply with current standards when alterations / changes /
modifications to structures located within the property including but not
limited to; use, remodel, addition,
etcetera, that results in two hundred (200 s.f.)
square feet of increased area, or
modification to, relocation of, addition to, and / or other changes or
alterations to the existing parking.
H. When access to the
parcel is from the alley the alley shall be paved to the extents of the
property frontage along the alley. If
the parcel is adjacent to a public or private roadway the alley paving shall
extend to the paved surface of the adjacent roadway.
I. The following
exceptions to 12.22.120 apply to townhouses:
1.
Refer
to Title 20 for additional standards.
2.
When
garages or carports are paired (abutting), the driveways shall be combined and
centered per 20.40.140.E3d on the property line between dwelling units providing
access to the garages or car ports.
There shall be a minimum of thirty-three (33') feet of distance between
single or paired driveways, measured along the front property line, unless
otherwise approved by the City Engineer.
(Ord. 3424, 2010)
12.22.110 Parking
Construction requirements for Duplex Parcels
A. All driveways shall
meet the requirements of MMC 12.12
B. A residential duplex
parcel property shall be permitted only
one (1) access approach to the public
right-of-way per dwelling unit in the following order of priority; alley, side
street, fronting street – further defined and clarified as:
1.
Mid-block parcel shall have access / approach by;
a.
Alley access / approach.
b.
Fronting street access / approach.
2.
Corner parcel
shall have access / approach by;
a.
Alley access / approach.
b.
Side street or lowest traffic volume street access /
approach.
c.
Fronting street or highest traffic volume street
access / approach.
3.
Loop driveways and through-lot (street to alley)
driveways are not permitted
C. Parking is prohibited
in front and street side setbacks except when located in front (street side) of
setback in front of a garage, carport, or other parking space located within
the building envelope.
D. Curb cut / driveway approachs for new construction shall not be permitted where
the garage doors are less than twenty (20’) feet from the property line on
street frontages.
E. Parking within the
setbacks shall be removed when the adjacent parking spaces are removed from
outside the required building setback. A curb cut and driveway approach, if
existing, shall be removed, and the previous parking area shall be landscaped.
The driveway may be retained if it meets all of the following conditions:
1.
The
Driveway shall be a minimum of twenty (20’) feet long as measured from the
property line
2.
The
driveway and apron must be paved
3.
The
maximum width of the driveway within the setback cannot exceed twenty (20’)
feet
F. All existing and new
parking shall comply with current engineering standards when changes in the
property result in a duplex lot.
G. When access to the
parcel is from the alley, the alley shall be paved to the nearest paved
roadway. If the subject parcel is more
than one hundred (100') feet from the nearest paved roadway, then the alley
shall be paved to the extents of the property frontage plus twenty (20') feet
beyond the projection of each property line.
(Ord. 3424, 2010)
12.22.120 Parking Construction requirements for
Multi-dwelling parcels
A. Multi-dwelling
parking facilities shall comply with the requirements of Title 12.
B. Multi-dwelling
parking facilities shall comply with the requirements of Title 20.
C. Multi-dwelling paved
parking facilities shall be separated from unpaved areas by poured-in-place
concrete curbing and have adequate storm water management and other infrastructure
as required by the City Engineer.
Pin-down curbs are not permitted as a substitute for poured-in-place
sidewalk and / or curb / gutter.
D. Multi-dwelling paved
parking facilities shall be designed by a civil engineer or licensed architect
and stamped plans included with the building permit application.
E. Multi-dwelling paved
parking facilities shall be designed so that vehicles accessing or egressing the public roadway/alley from/to a parking lot
shall do so by driving forward except for parking spaces served directly off of
an alley and meeting the requirements set forth in 12.22.050 R. Parking and access / approach locations shall
comply with Title 20.
F. The entire alley, for
multi-dwelling paved parking facilities accessed from the alley, shall be paved
from intersecting street to intersecting street.
G. Multi-dwelling paved
parking facilities serving three (3) dwelling units:
1. Curbing may not be
required between paved and unpaved areas
2. The alley shall only
be paved to the nearest paved public/private roadway
3. The parking facility
may not need to be designed by a civil engineer.
H. Where shared parking
is permitted, the most restrictive ADA requirements shall apply.
I. Where off-site
parking is permitted per 20.60.040 the following will apply
1. Off-site parking
spaces shall meet existing construction requirements.
2. The pedestrian route
between the offsite parking facilities and the on-site accessible routes shall
meet all accessibility standards.
3. Accessible parking spaces must be on-site.
J. When a parking reduction
is approved by the Zoning Officer per 20.60.080 the ADA parking requirement is
unchanged. The pedestrian route between
the transit stop and the on-site accessible routes shall comply with all
accessibility standards.
K. Multi-dwelling units
shall comply with the requirements set forth in 20.60.090 regarding bicycle
parking.
L. For multi-dwelling
paved parking facilities containing more than twenty (20) parking spaces, the
number of required vehicle spaces may be reduced in exchange for motorcycle
parking per 20.60.100.
(Ord. 3424, 2010)
12.22.130 Parking Construction requirements for
Commercial and Industrial Parcels
A. Commercial /
Industrial parking facilities shall meet the requirements of Title 12.
B. Commercial /
Industrial parking facilities shall meet the requirements of Title 20.
C. Commercial /
Industrial paved parking facilities areas shall be separated from unpaved areas
by poured-in-place concrete curbing and have adequate storm water management
and other infrastructure as required by the City Engineer. Pin-down curbs are not permitted as a
substitute for poured-in-place sidewalk and / or curb / gutter.
D. Commercial /
Industrial paved parking facilities shall be designed by a civil engineer or
licensed architect and stamped plans included with the building permit
application.
E. Commercial /
Industrial paved parking facilities shall be designed so that vehicles
accessing or egressing the public roadway/alley
from/to a parking lot shall do so by driving forward except for parking spaces
served directly off of an alley and meeting the requirements set forth in
12.22.050 R. Parking and access /
approach locations shall comply with Title 20.
F. Where commercial /
Industrial paved parking facilities are accessed from an alley, the alley shall be paved from intersecting
street to intersecting street.
G. The following
requirements for Commercial / Industrial paved parking facilities with four (4)
or fewer required parking spaces:
1.
Curbing
may not be required between paved and unpaved areas.
2.
The
alley shall be paved to the nearest paved public / private roadway.
3.
The
parking facility does not need to be designed by a civil engineer.
H. Where shared parking
is permitted, the most restrictive ADA requirements shall apply.
I. Where off-site
parking is permitted per 20.60.040 the following will apply:
1.
the
off-site parking spaces shall meet existing construction requirements.
2.
The
pedestrian route between the offsite parking facilities and the on-site
accessible routes shall meet all accessibility standards.
3.
Accessible
parking spaces must be on-site.
J. When a parking
reduction is approved by the Zoning Officer per 20.60.080 the ADA parking
requirement is unchanged. The pedestrian
route between the transit stop and the on-site accessible routes shall comply
with all accessibility standards.
K. Commercial /
Industrial shall comply with the requirements set forth in 20.60.090 regarding
bicycle parking.
L. Commercial /
Industrial paved parking facilities containing more than twenty (20) parking
spaces, the number of required vehicle spaces may be reduced in exchange for
motorcycle parking per 20.60.100.
M. Commercial /
Industrial off-street vehicle (truck, tractor / trailer) loading and unloading
shall not be accessed by backing into the private property from the public
roadway. All maneuvering, backing and
turning movements shall be limited to on-site areas only and comply with city
engineering standards and specifications.
N. Stacking lane
(queuing) standards shall comply with the requirements set forth in 20.60.110
and comply with city engineering standards and specifications.
(Ord. 3424, 2010)
EXCAVATIONS
Sections:
12.24.020
Permit‑‑Application.
12.24.030 Permit‑‑Application‑‑Fee.
12.24.035 Permit fee exceptions.
12.24.036
Investigation Fees; Work without a Permit.
12.24.040
Construction Specifications.
12.24.045
Specifications for cutting of Portland cement concrete or asphalt.
12.24.050
Digging of surface and base materials.
12.24.060 Contractor
Responsibility and Public Safety.
12.24.070 Backfilling--Sewer
pipe bedding and subgrade requirements.
12.24.080
Backfilling--Specifications of materials for top six inches of finish subgrade.
12.24.090
Resurfacing specifications for Public Roadways.
12.24.110
Business license and liability insurance requirement.
12.24.120
Surety bond requirements.
12.24.140 Assessments for damaging or opening pavement.
12.24.150 Permit requirements for public utility and
cable television companies.
12.24.160 Public utility companies‑‑Regulations
as to backfilling and resurfacing.
12.24.170 Cleaning up of excavation site.
12.24.180 Requirements for special projects
A. Excavation
shall be defined as the removal, replacement or the change in grade of any
soils or finish surfacing materials on public or private property for the
purpose of installing, repairing, maintaining, replacing, removing or
investigating underground facilities including but not limited to monitor
wells, water, sewer, gas, electric, telephone, television cable, utility poles,
and those underground items necessary for their function.
B. Excavator shall be defined as only those
persons, firms or corporations who are authorized, licensed and bonded as
required by Section 5.08 M.M.C. to excavate by the city. (Ord. 3244, 2004; Ord.
3014, 1997)
12.24.010 Permit‑‑Required. It shall be unlawful for any person, firm or
corporation to make an excavation without being a licensed and bonded excavator,
and first obtaining an excavation permit from the City Engineer. Permits shall
be required for the following:
A. Installing,
maintaining, replacing, removing, repairing or investigating water or sewer
lines that are to be connected to a public utility in the streets, alleys,
public rights-of-way, easements, and private property.
B. Excavating
in any street, alley, public utility easement or public right-of-way.
C. Installing,
maintaining, replacing, removing, repairing or investigating water or sewer
lines owned or operated by the City of Missoula. Exceptions:
1. Landscaping sprinklers
and irrigation systems shall only require an excavation permit if the
installation is in a State Route right-of-way.
Repair of landscaping sprinkler and irrigation system does not require
an excavation permit.
2. The installation, maintenance,
removal, repair or replacement of utility poles shall only require an
excavation permit if the owner of the pole does not have a written agreement
with the City of Missoula for the relocation of their utility poles. (Ord.
3244, 2004; Ord. 3014, 1997; Ord. 2043 §11, 1979; prior code §28‑32).
12.24.020 Permit‑‑Application.
A. Application
shall be made to the City Engineer by the excavator stating the purpose for which
the excavation is to be made, including locations, depth, width, length and
amount of time such excavation is to remain open or unfilled.
B. Applicant
shall file, upon request, with the City Engineer for approval, one drawing of
all proposed improvements before permit is issued.
C. Before
issuance of a permit the excavator shall contact all underground facilities for
their locations as stated in M.C.A. 69-4-502.
The excavator shall have a location number from the Underground Location
Center before a permit is issued. In addition to public utility lines, the
excavator shall locate and protect private utility lines such as water and
sewer services and private irrigation lines.
D. Before
issuance of an excavation permit all fees, except the fees specified in Section
12.24.140, shall be paid. The fees to be paid may include but not limited to a:
General Obligation Bond, contract for sewer, sewer development, Special
Improvement District, and rebate fees.
E.
Permits shall expire by limitation and become null and void if work
authorized is not commenced within fifteen (15) calendar days after date of
issuance. Also, permits shall expire by
limitation and become null and void if work authorized by the permit is suspended
by the excavator for more than fifteen calendar days. Before work is recommenced, a new permit
shall be issued and a full permit fee paid.
Extension of time on permits may be granted by the City Engineer or a designated
agent.
F. Excavators
shall give the City Engineer or a designated agent two hours notice of
beginning excavation and two hours notice of commencing backfill.
G. No
excavation shall extend over half the width of any traveled portion of the
street right-of-way section at any time,
except
under written authorization of the City Engineer or a designated agent.
H. All
excavators installing Septic Tank Effluent Pump (STEP) systems shall be
required to be certified by the City Engineer or a designated agent to do work
on STEP systems.
I. Issuance
of a permit will require that the excavator shall have a competent person, as
defined by the Federal Occupational Safety and Health Administration (OSHA), on
site during all work associated with this permit. (Ord. 3244, 2004; Ord. 3014,
1997; Ord. 2043 §12, 1979; prior code §28‑33).
12.24.030 Permit‑‑Application‑‑Fee. Permit fees are based on the average
direct and indirect costs to provide plan checking, permit administration,
field inspection, record management, warranty inspection, and public works
administration for excavations. The fee
for obtaining an excavation permit shall be as follows:
A.
Excavation Permits for Sanitary Sewer:
|
|
|
Fee |
|
1. |
New connection of a service line from the sewer main to
the building: |
$320.00 |
|
2. |
New connection of a service line from the stub to the
building: |
$279.00 |
|
3. |
New connection of a service stub from the sewer main to
the property line: |
$320.00 |
|
4. |
New STEP connection from the sewer main to the building: |
$488.00 |
|
5. |
New STEP connection from the stub to the building: |
$453.00 |
|
6. |
New STEP connection of a service stub from the sewer main
to the property line: |
$320.00 |
|
7. |
New STEP tank installation without connection to a sewer
main: |
$383.00 |
B.
Excavation Permits for Water:
|
|
|
Fee |
|
1. |
New connection of a service line from the water main to
the building: |
$181.00 |
|
2. |
New connection of a service stub from the water main to
the property line: |
$145.00 |
|
3. |
New connection of a service line from the stub to the
building: |
$145.00 |
C.
Excavation permits for Miscellaneous Excavations:
|
1. |
New utility mains including sewer, water, storm drain,
gas, electric, phone, cable television are: |
||
|
|
|
||
|
|
|
|
Fee |
|
|
a. |
Utility
main construction: 0-600 lineal feet: |
$1,818.00 |
|
|
b. |
Utility
main construction: 601-2,400 lineal feet: |
$2,674.00 |
|
|
c. |
Utility
main construction greater than 2,400 lineal feet: |
$2,674.00 |
|
|
|
plus $0.35 per lineal foot |
$0.35 |
|
2. |
All other permits including repair permits: |
$168.00 |