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Chapter 12.01
Improvement, Maintenance of Public WaysSections:
12.01.005 Purpose.
12.01.010 Sidewalk Maintenance – Owner’s Responsibility.
12.01.020 Curb Barrier – Owner’s Responsibility.
12.01.030 Specifications, Surfaces.
Article I. Curbing, Sidewalks Required
12.01.0402 Prohibitions – Exceptions.
12.01.0404 Special Zones – Exceptions.
12.01.0406 Arterial Paving.
12.01.0408 Owner’s Obligation – Curbing, Sidewalk Exceptions.
12.01.050 Sidewalk Construction Policy.
Article II. Review for Sidewalks
12.01.0602 Construction Approval.
12.01.0606 Sidewalk Requirements – Exceptions.
12.01.0608 Plenary Authority of Council.
12.01.0610 Cost of Council-Directed Improvements.
12.01.0612 Time for Owner-Constructed Improvement.
12.01.070 Curb Ramps for Sidewalks.
Article III. Pedestrian Strip
12.01.0802 New Construction – Obligations.
12.01.0804 Pedestrian Strip – All Other Streets – Obligations.
12.01.090 Variances.
Article IV. Commercial Driveways
12.01.1202 Policy.
12.01.1204 “Commercial Driveway” Defined.
12.01.1206 Commercial Driveway – Width – Spacing.
12.01.1208 Commercial Driveway – Total Width – Frontage.
12.01.1210 Commercial Driveways – Spacing per Ownership/Leasehold.
12.01.1212 Variances – Approval.
12.01.1214 Regulations – Plans.
Article V. Sidewalk Relocation – Damage
12.01.1302 Prohibitions – “Public Sidewalk” Defined.
12.01.1304 Sidewalk Relocation Permit.
12.01.1306 Damage, Disturbance Forbidden.
Article VI. Railroads – Paving Right-of-Way
12.01.1402 Policy.
12.01.1404 Railroad Shall Pave Crossings.
12.01.150 Public Service Corporations – Notice.
12.01.005 Purpose.
The purpose of this title is to regulate and control the obstruction of public rights-of-way in the city so that those rights-of-way remain accessible and safe for their intended public use. No specific duty to particular persons is created hereby.
[Ord. C26619 § 1]
12.01.010 Sidewalk Maintenance – Owner’s Responsibility.
A. Every owner and occupant of premises shall keep the sidewalk area adjacent to any portion of the real property (including corners) in good and safe condition and repair at all times.
B. Where the director of engineering services determines there has been a failure to comply with this section, he may send written notice to the premises advising of the violation. If the violation is not corrected, the director may proceed to remove or repair the condition, at the owner’s and/or occupant’s sole expense and liability.
[Ord. C32762; Passed: 12/11/2000]
12.01.020 Curb Barrier – Owner’s Responsibility.
A. Wherever a sidewalk exists or is constructed as a way open for public use, and said sidewalk is elevated two feet or more above the abutting real property, the owner of said abutting real property shall erect and maintain in good repair suitable barriers along the outer edge of his property, next to the edge of the sidewalk.
B. Exemptions are granted by the director of engineering services.
[Ord. C32762; Passed: 12/11/2000]
12.01.030 Specifications, Surfaces.
Except where specifically exempted for reasonable cause, all sidewalks on graded thoroughfares, street curbing, streets and crosswalks shall be constructed of concrete or another similar surface which is approved by the director of engineering services and shall be constructed in compliance with applicable City standards and specifications as promulgated by the director of engineering services.
[Ord. C32762; Passed: 12/11/2000]
Article I. Curbing, Sidewalks Required
12.01.0402 Prohibitions – Exceptions.
A. It is forbidden to pave with hard surfacing material any portion of a public street or public way between the curb and the abutting property line unless curbing and sidewalks are installed in a manner and with materials approved by the director of engineering services or as otherwise provided in this title. Curb locations are established by the director.
[Ord. C32762; Passed: 12/11/2000]
12.01.0404 Special Zones – Exceptions.
A. In areas zoned “C” and “M-3” (commercial and heavy manufacturing), or on local access streets involving heavy trucking operations, or for other good cause, the requirement for curbing and sidewalks may be excused in writing by the director of engineering services.
B. In lieu of curbing and sidewalks, the director may require streets to be paved with definite gutter lines at the normal curbline locations with mountable outside gutter slopes. The director of engineering services may further require paving continued from gutter lines to the property lines.
[Ord. C32762; Passed: 12/11/2000]
12.01.0406 Arterial Paving.
Arterial street paving in areas above-referenced shall be constructed in the normal manner for arterial streets.
[Ord. C18215]
12.01.0408 Owner’s Obligation – Curbing, Sidewalk Exceptions.
Where an exception to curbing or other requirements is granted under SMC 12.01.0404, it shall be the obligation of the owner of any real property abutting the paved areas to maintain in a good and safe condition that portion of the hardsurfacing between the low point of the gutter and the outer limits of the public right-of-way to the property line.
[Ord. C13052 § 1]
12.01.050 Sidewalk Construction Policy.
A. It is the policy of the City to encourage the construction of sidewalks in all neighborhoods where they do not exist, and to require the construction of sidewalks as part of future developments and improvements.
B. It is further the policy of the City to encourage property owners to maintain City rights-of-way adjacent to City streets clear of anything that would prevent or inhibit the free movement of pedestrians along those rights-of-way.
[Ord. C28325; Passed: 3/10/1986]
Article II. Review for Sidewalks
12.01.0602 Construction Approval.
Every officer and agency having authority to approve or require street improvements, whether in connection with approvals under the subdivision and zoning codes, making local improvements, accepting private construction, or otherwise, will require that sidewalks be constructed along all streets.
[Ord. C28325; Passed: 3/10/1986]
12.01.0606 Sidewalk Requirements – Exceptions.
Sidewalk requirements along streets shall be deemed to include both sides of such streets except that sidewalk requirements may be omitted along one side of streets within low density subdivisions, along the side of a street adjoining double frontage (through) lots with primary access to a street requiring sidewalks, and along streets in planned unit developments or similar developments where properties as well as the neighborhood are served by an adequate walkway system.
[Ord. C25078 § 1]
12.01.0608 Plenary Authority of Council.
Notwithstanding the other provisions of this chapter, the city council may find that the health and safety of the citizens of the City of Spokane require or do not require that a sidewalk be constructed along a certain street.
[Ord. C28325; Passed: 3/10/1986]
12.01.0610 Cost of Council-Directed Improvements.
When the city council directs that a sidewalk be constructed along any such street, the city council shall also state whether all or a specified portion of the cost of the improvement shall be borne by the City or whether all or a specified portion shall be borne by the abutting property owners, or whether the abutting property owners shall be required to construct the improvement at their own cost and expense.
[Ord. C25078 § 2]
12.01.0612 Time for Owner-Constructed Improvement.
If the abutting property owners are so required to construct the improvement, the city council shall specify the time within which the construction shall be commenced and completed; and further, the city council may state that if the improvement or construction is not undertaken and completed within the time specified that the City will perform or complete the improvement and assess the cost against the abutting owner or owners.
[Ord. C25078 § 2]
12.01.070 Curb Ramps for Sidewalks.
Whenever the construction of sidewalks is required, not less than two curb ramps per lineal block shall be constructed on or near the crosswalks at intersections or other convenient locations. Said ramps shall be constructed according to City standards and specifications on file with the director of engineering services, and so constructed as to allow reasonable access to the street for physically handicapped persons. The construction of these ramps shall also be required on existing sidewalks whenever curbing is replaced.
[Ord. C32762; Passed: 12/11/2000]
Article III. Pedestrian Strip
12.01.0802 New Construction – Obligations.
Whenever formally constructed sidewalks are not required in any new subdivision or other new construction, the builder and abutting property owner shall leave an unobstructed strip of land adjacent to the street for pedestrian travel. This strip of land shall be equal in width to the adjacent portion city right-of-way outside the roadway, or it shall be seven feet wide (whichever is the lesser size) and this strip shall contain no fences, shrubs, walls, or any other feature that would prohibit, inhibit, or impede pedestrian travel.
[Ord. C25078 § 7]
12.01.0804 Pedestrian Strip – All Other Streets – Obligations.
A. Where sidewalks are not required except as otherwise specified for new construction or in any new subdivision on streets where no formally constructed sidewalk exists for pedestrian traffic, the abutting property owner maintains a strip of land, as described in SMC 12.01.0802, for pedestrian travel in the existing public right-of-way.
B. The City recognizes its right to enforce public use of said right-of-way for pedestrian travel and the city council may, upon recommendation from the city plan commission or City staff, in addition to or in the alternative to other lawful procedures, order the property owners who abut any certain street or streets within the city to maintain an unobstructed strip of land as provided herein when it is determined by the city council to be necessary to the health and safety of the citizens of Spokane.
[Ord. C25078 § 7]
12.01.090 Variances.
A. The city council may vary or waive the requirements of this chapter where, due to exceptional conditions inherent in the land or peculiar to the property in question, the literal application of this chapter would result in extraordinary or unnecessary hardship or practical difficulty, or would result in sidewalks being required on streets or in areas where said sidewalks are found to be unnecessary and would not significantly aid pedestrian travel.
B. All such variances shall conform with the spirit and expressed policy of this chapter and shall only be granted where they will not be unduly detrimental to the surrounding properties or the public safety and welfare, and will alleviate a special hardship as distinguished from a special privilege or increased financial return for a property owner.
[Ord. C28325; Passed: 3/10/1986]
Article IV. Commercial Driveways
12.01.1202 Policy.
In the interest of public safety, the city council deems it necessary to limit and definitely fix the width and location of commercial driveways hereafter constructed, reconstructed, or altered.
[Res. dated 6/12/1940, § 1]
12.01.1204 “Commercial Driveway” Defined.
All driveways hereafter constructed, reconstructed, or altered, which are used or intended to be used for commercial purposes, or where the public is invited to use such driveways as a means of access to any commercial enterprise, shall comply with the requirements of this article.
[Res. dated 6/12/1940, § 2]
12.01.1206 Commercial Driveway – Width – Spacing.
A. The width of any such driveway defined in SMC 12.01.1204 shall not be less than twelve feet nor more than thirty feet, including radii, slopes, or connections to the normal or established curb grade.
B. No such driveway shall be constructed within a distance of less than five feet from the extended property line of an intersecting street at any street intersection, nor within a distance of less than five feet from any crosswalk as defined in SMC 16.04.160.
[Res. dated 6/12/1940, § 3]
12.01.1208 Commercial Driveway – Total Width – Frontage.
A. The total width of all the driveways defined in SMC 12.01.1204 entering from any street or streets shall not exceed forty percent of the frontage of the property contained in one ownership or leasehold served by such driveways and fronting on or adjoining such street or streets.
B. This section shall not prohibit one driveway having a width of twelve feet for each such ownership or leasehold.
C. Whenever it is possible, without reducing the number of car parking spaces otherwise available under the provisions of this section, an additional four feet (that is, two feet on each side of the driveway from the top of the slope to the bottom) shall be allowed for each driveway to provide for the construction of radii, slopes, or connections to the normal or established curb grade.
[Res. dated 6/12/1940, § 3]
12.01.1210 Commercial Driveways – Spacing per Ownership/Leasehold.
The spacing between driveways serving one leasehold or ownership shall not be less than six feet, and if it exceeds eight feet, it shall be in whole units of car parking spaces as follows: twenty-eight feet, forty-six feet, sixty-six feet, or any additional number of twenty-foot spaces; provided, that the minimum spacing between any two adjoining driveways may be reduced or entirely eliminated whenever the combined width of such driveways, plus the spacing between such driveways, if any remains, does not exceed thirty feet.
[Res. dated 6/12/1940, § 4]
12.01.1212 Variances – Approval.
A. Subject to the approval of the engineering services director, the provisions of this article may be varied to the extent of increasing the allowable width of driveways to exceed a total width of thirty feet in any one driveway, or increasing or decreasing the spacing between driveways, only when such increased or decreased width or spacing does not reduce the number of car parking spaces at the curb otherwise available under the provisions of this article.
B. All commercial driveways require the approval of the engineering services director.
[Ord. C33112 § 42; Passed: 11/18/2002]
12.01.1214 Regulations – Plans.
The director of public works and utilities adopts regulations to enforce and implement this article and requires plans to be submitted for approval for driveways as he deems necessary.
[Ord. C32762; Passed: 12/11/2000]
Article V. Sidewalk Relocation – Damage
12.01.1302 Prohibitions – “Public Sidewalk” Defined.
A. No person may relocate or change the grade or other aspects of the public sidewalk without permission from the director of engineering services, and only upon such conditions as he or she may require.
B. “Public sidewalk” refers to all pedestrian lanes, walkways, or areas of public passage or commerce used primarily for foot traffic and publicly dedicated or reserved for said purpose. Nothing herein shall affect the authority of the park board to regulate areas under its jurisdiction.
[Ord. C32762; Passed: 12/11/2000]
12.01.1304 Sidewalk Relocation Permit.
Applications to relocate or change a sidewalk shall be submitted to the director of engineering services by the owner of the property abutting the same. Said applications shall contain such information as the director requires.
[Ord. C32762; Passed: 12/11/2000]
12.01.1306 Damage, Disturbance Forbidden.
No person shall by any means, including heat, compression, under-mining, vibration, or direct or indirect invasion, damage or disturb any public pavement, street, alley, or sidewalk, or cause or allow others to cause damage or destruction of the same by any means, whether direct or indirect. This includes sudden or gradual invasions.
Article VI. Railroads – Paving Right-of-Way
12.01.1402 Policy.
The city council finds it is in the public interest, health, and safety to require all railroads to pave portions of their rights-of-way crossings at any paved street or alley.
[Ord. C981]
12.01.1404 Railroad Shall Pave Crossings.
A. Whenever any railroad shall cross at grade any paved surface, street, sidewalk, or alley (paved area), the railroad or owner of the right-of-way crossing must pave at its own expense and to the satisfaction and approval of the director of engineering services, the entire right-of-way crossing lying within said paved area, and thereafter maintain the same.
B. Specifications and regulations for such paving shall be provided by the director of engineering services.
[Ord. C32762; Passed: 12/11/2000]
12.01.150 Public Service Corporations – Notice.
A. Where the City orders improvements of any area of the public right-of-way for which municipal franchise privileges have been extended to a public service corporation, or otherwise where he deems appropriate, the director of engineering services requires persons performing such improvements to notify the affected companies by use of the one-call system and/or by such written notification as he may establish. The one-call system is a procedure of telephone notification supported by the industry and existing in Spokane.
B. Subject to any express reservations in municipal franchises or applicable laws, the notification given shall advise the affected public service corporations to make such changes in their use or occupancy of the public right-of-way as may be deemed necessary by the director of engineering services to accommodate the improvement. Such changes shall be at the sole expense and liability of the affected public service company and no charge, cost, or liability shall accrue to the City, its agents or contractors, for said changes.
C. The notice shall specify the time for such changes to be accomplished, and if the required changes are not timely made, the company or contractor responsible for the improvement may be instructed by the director of engineering services to proceed to make such necessary changes or accommodation in any property or fixture of the public service corporation. Such changes are at the public service corporation’s sole expense and liability, in addition to any penalties imposed for violation of this title.
[Ord. C32762; Passed: 12/11/2000]
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