Ord 1987-145 - Laserfiche WebLink

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5-305.00 5-306.00 5-304.05 Not later than thirty (30) days from the filing of the appeal, the Planning 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 (10) days after the conclusion of the appeal. In hearing the appeal, the Commission shall not consider waiving or setting aside the requirements of this Ordinance but shall only consider the proper interpretation of its provisions. 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 (5) years from the date that the permit is issued. At the conclusion of this time period, driveway approaches permitted under this Ordinance will become subject to closure under the same procedures outlined in Section 5-400 of this Ordinance for driveway approaches existing on the effective date of this ordinance. No building permit shall be issued for which approved driveway approach for the building to permitted has not been made by the city engineer or varied or approved by the Planning Commission. an be as Sec. 5-400 Procedures relating to existing access to the right-of-way. 5-401.00 5-402.00 5-403.00 public A driveway approach in existence and functioning as an access route to a parcel of property on the effective date of this ordinance may not be closed for five (5) years thereafter without the consent of the owner of the parcel of property so accessed. Five years after the effective date of this Ordinance, the City Engineer may order that any driveway approach on any public right-of-way be closed and cease to function as a point of vehicular access to the abutting property, provided the following conditions are met: 5-402.01 On the basis of a study made to determine its impacts on the smooth and safe flow of vehicular and pedestrian traffic, the City Engineer determines that continuing to allow the driveway approach to remain open would have a significant detrimental effect on traffic operations and/or safety. 5-402.02 Closing the driveway approach does not result in the abutting property being denied reasonable access to a public street. If such consequences would result from the closure, the City Engineer may direct that an alternative access route be developed. The alternative access route shall be complete and functional before a driveway approach is closed. 5-402.03 The owner(s) of all property directly served by the driveway approach are notified in writing via Certified Mail at least 120 days prior to the date when the closure is to be executed. Appeal. 5-403.01 Any person aggrieved by an interpretation under Section 5-400 of this ordinance or by any decision or ruling of the City Engineer under said section shall have the right to -6-