(A) Driveways that do not conform to the regulations in this chapter, and were constructed before the effective date of this chapter, shall be considered legal nonconforming driveways.
(B) Loss of legal nonconforming status results when a nonconforming driveway ceases to be used for its intended purpose as shown on the approved site plan, or a plot plan, for a period of 12 months or more. Any reuse of the driveway may only take place after driveway conforms to all aspects of this chapter.
(C) Legal nonconforming driveways may remain in use until such time as the use of driveway or property is changed or expanded in number of vehicle trips per day or in the type of vehicles using the driveway (such as many more trucks) in such a way that impact the design of the driveway. At this time, the driveway shall be required to conform to all aspects of the chapter.
(D) When the owner of a property with an existing, nonconforming driveway(s) applies for a permit to upgrade or change the use of the property, the Planning Administrator or Town Engineer will determine whether it is necessary and appropriate to retrofit the existing driveway or driveways.
(1) The property owner may be required to establish a retrofit plan. The objectives of the retrofit plan will be to minimize the traffic and safety impacts of development by bringing the number, spacing, location, and design of driveways into conformance with the standards and requirements of this chapter, to the extent possible without imposing unnecessary hardship on the property owner. The retrofit plan may include:
(a) Elimination of driveways;
(b) Realignment or relocation of driveways;
(c) Provision of shared driveways and/or cross parking lot connection;
(d) Access by means of a service drive;
(e) Restriction of vehicle movements (e.g. elimination of left-turns in and out);
(f) Relocation of parking;
(g) Traffic demand management (e.g. a reduction in peak hour trips);
(h) Signalization; or
(i) Such other changes as may enhance traffic safety.
(2) The requirements of the retrofit plan shall be incorporated as conditions to the permit for the change or upgrade of use and the property owner shall be responsible for the retrofit.
(E) Driveways that do not conform to the regulations in this chapter and have been constructed after its adoption shall be considered illegal driveways.
(F) Illegal driveways are a violation of this chapter. The property owner shall be issued a violation notice that may include closing off the driveway until any nonconforming aspects of the driveway are corrected. Driveways constructed in illegal locations shall be immediately closed upon detection and all evidence of the driveway removed from the right-of-way and site on which it is located. The costs of such removal shall be borne by the property owner.
(G) Nothing in this chapter shall prohibit the repair, improvement, or modernization of lawful nonconforming driveways, provided it is done consistent with the requirements of this chapter.
(Ord. 2018-2A, passed 2-20-18)