§ 96.016 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DRIVEWAY CUT. A designated driving area connected to a driveway, street, parking area, alleyway or other vehicle path to allow access to these areas by motor vehicles.

   SIDEWALKS. A walking path provided and maintained for pedestrian traffic. SIDEWALKS may be constructed from concrete, asphalt, brick, rock, stone, rock dust or other building materials.

(Ord. eff. 8-12-2002)

§ 96.017 PROCEDURES.

   (A)   Prior to making a driveway cut, the owner of the property shall make application to the Town Zoning Officer for a permit to construct a driveway cut and/or to cross over a town sidewalk.

   (B)   The Zoning Officer shall review the application and may either grant the permit or deny the permit based upon the following standards:

      (1)   Whether or not the property owner has at least one driveway cut to his or her property;

      (2)   The nature and need for an additional driveway cut;

      (3)   The impact upon adjoining property owners;

      (4)   The number of driveway cuts existing along the street, including the proximity of the driveway cuts to the proposed driveway cut; or

      (5)   Any impact upon traffic safety, including the proximity of the proposed driveway cut to any street or alley intersections.

(Ord. eff. 8-12-2002)

§ 96.018 APPEAL PROCESS.

   The applying property owner who has been denied a driveway cut permit by the Zoning Officer shall have the right to appeal the denial to the Town Board of Adjustment within ten days of the date of the written denial by the Zoning Officer.

(Ord. eff. 8-12-2002)

§ 96.019 PERMIT REQUIRED.

   From and after the effective date of this subchapter, it shall be unlawful for any person to construct or make a driveway cut in the town without having first obtained a permit for the driveway cut.

(Ord. eff. 8-12-2002)

§ 96.020 PRESUMPTION.

   Any driveway cut or damage to the street, curb or sidewalk caused by the driveway cut shall raise a rebuttal presumption that the owner of the property adjacent to the driveway cut was the person who made the driveway cut in violation of this subchapter.

(Ord. eff. 8-12-2002)

§ 96.021 PUNISHMENT.

   A violation of this subchapter shall constitute a general misdemeanor punishable by the payment of a fine as set forth in § 96.999.

(Ord. eff. 8-12-2002)

§ 96.022 ADOPTION DATE.

   This subchapter was adopted on August 12, 2002.

(Ord. eff. 8-12-2002)