Uses permitted in this chapter shall be subject to the following conditions.
(1) In those instances where the Planning Commission finds that an excessive number of ingress or egress points may occur with relation to major or secondary thoroughfares, the Commission may require marginal service roads and, to assure adequate traffic circulation on the site, may require the development of parking so that contiguous lots on abutting properties will allow traffic circulation from 1 property to another without re-entering the public thoroughfare.
(2) The pavement of the marginal service road shall be located 10 feet from the future right-of- way line of the thoroughfare and shall be at least 24 feet wide except in the situation where existing adjacent parking lots are to be connected by way of a common maneuvering lane and a greater width cannot be provided, the such service road shall be at least 22 feet in width. Said service road shall be an easement which will permit the use of the service road for traffic circulation from 1 property to another. Said easement shall be in a written form acceptable to the City Council prior to the issuance of a building permit and shall run with the land and benefit/burden the heirs, assigns and transferees of the properties to be served by the drives. No permanent structures shall be permitted within the easements. Each property owner shall be responsible for maintenance of the easement so that it remains usable as a means of getting from 1 property to another. The Street Administrator will cause the service road to be maintained if the property owner fails in his responsibility, and all costs will be charged to the property and added to the taxes if not paid. The easement shall be recorded with the County Register of Deeds.
(3) Building permits for the property to be served by the marginal service roads shall not be issued unless and until such drives have been completed, or a performance guarantee has been posted with the city for such purposes.
(4) When marginal service roads are required, the Planning Commission shall require that the entire 24 foot area be paved up to the abutting properties. Backing from parking spaces onto the marginal service shall not be permitted. The site plan shall indicate the proposed elevation of the marginal access service road at the property line and the Street Administrator shall maintain a record of all marginal service road elevations so that their grades can be coordinated. Marginal service road elevations shall conform to elevations established by the Council or, if not so established, be not more than 1 foot above the elevation of the adjoining property. Marginal service roads shall meet construction specifications set by the Street Administrator based on current engineering practices and principals for the construction of base, pavement and draining facilities, and the like.
(5) The 10 foot setback area between the future road right-of-way and the service road shall be kept in grass and landscaped in accordance with plans approved by the Planning Commission.
(6) Temporary entrances and exits may be approved for individual sites provided money is placed in escrow to assure elimination of temporary entrances and exits. Building permits shall not be issued until monies have been deposited with the city.
(7) In determining which entrances and exits will be permanent and which will be temporary, the Planning Commission shall generally be guided by the requirements of § 82-407, access management standards.
(1993 Code, § 82-409) (Ord. passed 2-25-1991; Ord. passed 5-14-2001; Ord. passed 3-11-2002(l))