ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND,
AMENDING CHAPTER 22, "STREETS AND SIDEWALKS", ARTICLE II, "ROAD AND STREET IMPROVEMENTS", DIVISION 2, "DESIGN AND CONSTRUCTION STANDARDS", SECTION 22-47, "DRIVEWAY ENTRANCES", TO PERMIT CIRCULAR DRIVEWAYS WITH TWO DRIVEWAY APRONS ON RESIDENTIAL PROPERTIES EXCEEDING 30,000 SQUARE FEET IN AREA.

WHEREAS, pursuant to Article 23A of the Annotated Code of Maryland, the Council of the City of Bowie, Maryland (the "City Council") has the authority to pass such ordinances as it deems necessary to preserve peace and good order, to secure persons from danger and destruction and to protect the health, comfort and convenience of the citizens of the municipality; and

WHEREAS, pursuant to this authority, the City of Bowie has, inter alia, established and presently enforces certain design and construction standards for driveway entrances in Chapter 22, "Streets and Sidewalks", Article II, "Road and Street Improvements", Division 2, "Design and Construction Standards", Section 22-47, "Driveway Entrances", of the City Code; and

WHEREAS, Section 22-47 prohibits property owners from constructing more than one driveway entrance upon residential lots, thereby preventing property owners from constructing circular driveways on residential properties; and

WHEREAS, the City Council deems it to be in the public interest to amend Section 22-47 to permit property owners to construct circular driveways with two driveway entrances upon residential lots of 30,000 square feet or more.
Section 1.

NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 22, "Streets and Sidewalks", Article II, "Road and Street Improvements", Division 2, "Design and Construction Standards", Section 22-47, "Driveway Entrances", of the City Code be and is hereby amended to read as follows:

Sec. 22-47. Driveway Entrances.
Driveway entrances shall be placed across the parkway strip in accordance with City standards, and in accordance with the following requirements:
(1) Driveway entrances [to residential properties] shall be [according to the standard driveway design] DESIGNED IN ACCORDANCE WITH THE CITY'S GENERAL SPECIFICATIONS FOR STORM DRAIN AND STREET CONSTRUCTION. No residential driveway [apron] ENTRANCE shall be less than ten (10) feet IN WIDTH or be in, or partially in, any intersection curb fillet.

(2) Driveway entrances to commercial or industrial property shall be limited to two (2) on each street on which the property has frontage; except that additional entrances may be permitted by the City Manager in writing if they are feasible and necessary. Driveway entrances to commercial or industrial property shall be no wider than thirty (30) feet, exclusive of the curb return fillets, unless additional width or dualization is necessary. [There shall be at least twenty-five (25) feet at the property line between driveway entrances. No driveway entrance shall be closer than seven (7) feet to the next building line, or closer than twelve and one-half (12 1/2) feet to the end of the curb fillet.]

(3) THERE SHALL BE AT LEAST TWENTY-FIVE (25) FEET AT THE PROPERTY LINE BETWEEN DRIVEWAY ENTRANCES. NO DRIVEWAY ENTRANCE SHALL BE CLOSER THAN SEVEN (7) FEET TO THE NEXT BUILDING LINE, OR CLOSER THAN TWENTY FIVE (25) FEET TO THE END OF THE CURB FILLET.

[3](4) ON LOTS THAT ARE LESS THAN 30,000 SQUARE FEET IN SIZE, one (1) standard driveway [apron] ENTRANCE shall be provided for each detached, semi-detached and triple-detached residential dwelling abutting the permit limit [.] AND Driveway entrances shall be limited to one (1) entrance per residential lot. ON LOTS THAT ARE 30,000 SQUARE FEET OR GREATER IN SIZE, THERE MAY BE CIRCULAR DRIVEWAYS WITH ONE (1) STANDARD DRIVEWAY ENTRANCE AT EACH END OF SAID DRIVEWAY.

[4](5) Driveway entrances to properties abutting on streets with rights-of-way eighty (80) feet in width or greater, shall be prohibited unless the City Manager issues a permit for such driveway upon a finding that access to the property is otherwise unavailable or cannot be obtained without substantial practical difficulty or hardship to the owner or developer of such property

Section 2. BE IT FURTHER ORDAINED that this Ordinance shall become effective thirty (30) days after its enactment by the Council of the City of Bowie, Maryland provided that a fair summary of this Ordinance is published at least once prior to the date of passage and at least once within ten (10) days after the date of passage in a newspaper having general circulation in the City.

INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting on the _____ day of _________________, 2002.

PASSED by the Council of the City of Bowie, Maryland at a regular meeting on the _____ day of ___________________, 2002.

ATTEST: THE CITY OF BOWIE, MARYLAND

By:
Pamela A. Fleming
City Clerk

G. Frederick Robinson, Mayor

APPROVED AS TO FORM AND SUFFICIENCY:

______________________________
Robert H. Levan, City Attorney