§ 6-1-83. Existing driveway approaches.

(a)

Existing driveway approaches shall not be relocated, altered, or reconstructed without a permit approving the relocation, alteration, or reconstruction and such driveway approaches shall be subject to the provisions of this article.

(b)

When the use or layout of any property is changed, making any portion or all of the driveway approach unnecessary, or when the driveway is nonconforming, the owner of the abutting property shall, at his expense, replace all necessary curbs, gutters and sidewalks, or correct all nonconforming features within 30 days after written notice from the director of transportation. Failure to do so may result in a penalty being imposed as described in section 6-1-73, subsection (d).

(c)

City council may approve reduced corner and side clearances for an existing driveway not on a major or minor thoroughfare as designated in the latest adopted thoroughfare plan, under the following conditions:

(1)

The property served by the existing driveway is not in a designated historic district but has at least one (1) coterminus property line with an existing designated historic district or a property on the National Historic Sites Register; and

(2)

The existing driveway is critical to the use or reuse on the property of a structure(s) with significant historic value to the entire community and conformance with other requirements of this chapter would require removal of the driveway; and

(3)

The use or reuse of structure(s) on the property will serve to maintain or enhance the historic significance of the structure; and

(4)

The driveway must have less than 30 total (in and out) projected trips per day and the driveway is in good condition and owner agrees to maintain the driveway in a condition acceptable to city.

(Ord. No. 89-126, § 1, 11-2-89; Ord. No. 99-82, § 1, 11-1-99)