§ 74.189. Access driveway permit.

(a)

Any person desiring to site and/or construct a driveway approach from an existing street shall apply to the city engineer for a permit to site and construct the driveway approach at the desired location. The permit is termed an "access driveway permit."

(1)

The city engineer shall promulgate policies and procedures, if necessary, to facilitate applications, including requirements for plans and specifications for the construction of any driveway approach.

(2)

The city engineer shall promulgate design and materials standards for driveway approaches, which shall govern the design and construction of all driveway approaches at the desired locations.

(3)

If determined by the city engineer to be necessary, the city engineer may perform or cause to be performed a study of the effects of siting a driveway approach at the desired location upon the ability of the city street system to smoothly and safely pass vehicular traffic and of the sidewalk system to safely pass pedestrian traffic.

(4)

The city engineer may deny the permit or the proposed driveway approach, if it is determined that the proposed driveway approach would cause disruption of traffic flow, or would adversely affect the safety of vehicular and/or pedestrian traffic at that location.

a.

The city shall not deny vehicular access to private property by the execution of its power under this article. Denial of a permit of the proposed driveway approach shall not be construed as denial of access as long as an alternate access route to the property, acceptable to the city, is available.

b.

Channelization of a driveway approach may be required to mitigate traffic conflicts if access alternatives not creating conflicts are unavailable.

c.

Multiple driveway approaches to access a single parcel of property abutting an arterial street shall be avoided wherever possible.

d.

Property abutting an arterial street shall obtain access from a nonarterial street wherever possible.

(5)

All applications for a permit or a proposed driveway approach in a city street which is also a state highway shall be submitted to the state department of highways and public transportation for their approval before the permit or approval of the driveway approach may be granted.

(b)

Permit exceptions are as follows:

(1)

Application for separate access driveway permits shall not be required when the proposed driveway approach is part of development being reviewed as part of a proposed subdivision or for property for which a building permit or a site development permit has been made. All other sections of this article shall apply.

(2)

Driveway approach applications will be reviewed as part of subdivision plats or building permits being reviewed by the city. Approval of the driveway approaches for subdivisions or for sites on which a building permit application is being made shall be necessary before the subdivision or building permit may be approved.

(c)

A fee shall be paid to the city upon application for an access driveway permit unless the city has entered into a written tax abatement and economic development incentive agreement which provides otherwise. The amount of the application fee is established by the city council. No application shall be considered to have been received by the city until the fee has been paid. No additional fee shall be paid if the proposed driveway access is part of a subdivision, building permit or site development application.

(d)

Procedures for denial of the permit and appeal are as follows:

(1)

If the city engineer disapproves an application for a permit or driveway access and denies it, the applicant shall be notified of this action in writing. This notice shall include a statement of the reasons for disapproval and denial, which shall be based upon the requirements of this article and/or upon sound traffic engineering principles and/or upon the standards and specifications for driveway approach design and construction which are promulgated by the city engineer.

(2)

An applicant for a permit or driveway access approval who has been denied may reapply for a permit or approval for a driveway approach to access the same parcel of property, provided the following conditions are met:

a.

The required fee, if applicable, is submitted along with the application.

b.

This new application outlines how the applicant proposes to ameliorate the reasons for disapproval of the previous application. This new application must contain all requisite information and may not rely upon references to any previous submittals for completeness.

(3)

Any person aggrieved by an interpretation of this article or by any decision or ruling of the city engineer under this article shall have the right to make an appeal to the planning and zoning commission. The appeal shall be perfected by giving a written notice containing the following information to the director of planning and development services within 15 days of the issuance of the decision or ruling of the city engineer:

a.

The name and address of the person making the appeal.

b.

The facts surrounding the particular ruling.

c.

The ruling of the city engineer.

d.

The reasons why the ruling should be set aside.

(4)

Not later than 45 days from the filing of the appeal, the planning and zoning commission shall hear the appeal, together with the testimony of all parties concerned, and make a written statement of findings of fact not more than ten days after the conclusion of the appeal. In hearing the appeal, the commission shall not consider waiving or setting aside the requirements of this article but shall only consider the proper interpretation of this article.

(e)

Obtaining a permit or driveway access approval conveys a right to site, construct and maintain a driveway approach at the permitted location for a period of five years from the date that the permit is issued. At the conclusion of this time period, driveway approaches permitted under this article will become subject to closure under the same procedures outlined in this article for driveway approaches existing on the effective date of the ordinance from which this article was derived.

(f)

No building permit shall be issued for which an approved driveway approach for the building to be permitted has not been made by the city engineer or as varied or approved by the planning and zoning commission.

(g)

Where there is a conflict between this section and the provisions of the Development Code, the provisions of the Development Code shall control.

(Code 1970, § 25-52; Ord. No. 2018-04 , § 26, 4-17-18)