§ 155.08 CURB CUTS.
   (A)   All curb cuts shall conform to the design and construction standards as set forth in the Appendix, Tables of Design and Construction Standards. For the purposes of this section, the width of the curb cut is measured at the right-of-way line.
   (B)   For residential properties, curb cuts for circular drives shall be separated by a minimum distance of 16 feet.
   (C)   For residential corner properties, curb cuts shall be setback from the property line adjacent to the street or alley a minimum distance equal to the applicable building setback, but not less than 15 feet. Curb cuts for all other corner properties shall not be less than 25 feet from the property corner intersection.
   (D)   Curb cuts in residential districts shall not exceed a maximum total width of 30% of the lot dimension where the curb cut is proposed and may not exceed a width of 24 feet except as set forth below:
      (1)   A minimum of one 18 foot curb cut or two ten foot curb cuts may be permitted on all residential lots or a minimum of one ten foot and one 18 foot curb cut for a residential lot serving a two car garage/carport.
      (2)   Residential developments of four units or less, providing enclosed garage facilities, shall be permitted a minimum curb cut of nine feet serving a one car garage and 18 feet serving a two car garage, with a minimum six foot separation between curb cuts.
      (3)   Curb cuts serving three car garage facilities may be a maximum width of 27 feet subject to compliance with the 30% total width criteria.
   (E)   Curb cuts for non-residential properties shall not exceed 30% of the property frontage with a maximum 30 foot width each and a minimum separation of 50 linear feet.
   (F)   In conjunction with driveway and curb cut construction, all damaged sidewalk sections shall be repaired or replaced to conform with design and construction standards as provided in the Appendix, Tables of Design and Construction Standards.
   (G)   Administrative variance. An administrative variance to the strict application of the conditions set forth in this section shall be considered by the City Engineer or his/her designee for repair, replacement or restoration of existing legal non-conforming curb cuts adjacent to single family residential properties. The administrative variances shall be granted by the City Engineer if the following criteria are met:
      (1)   No increase in the width or degree of non-conformity of the existing curb cut;
      (2)   No increased impact on the right-of-way drainage elements;
      (3)   No adverse impact on pedestrian and vehicular safety;
      (4)   That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands;
      (5)   That a literal interpretation of the conditions set forth in this section would deprive the applicant of rights commonly enjoyed by other properties;
      (6)   That the special conditions and circumstances do not result from actions of the applicant; and
      (7)   That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this section to other lands. No pre-existing conditions on neighboring land which are contrary to this section shall be considered grounds for the issuance of a variance. In the event a request for an administrative variance is denied by the City Engineer, the property owner may seek a variance pursuant to the procedures set forth in Article 5 of the Zoning and Land Development Regulations. However, the applicable Board shall review the variance based solely on the criteria set forth above.
   (H)   Variances.
      (1)   When literal or strict enforcement of the conditions set forth in this section would cause an unusual, exceptional, unnecessary or undue hardship or injustice, either the Planning and Development Board or Historic Preservation Board may vary or modify the conditions set forth herein.
      (2)   Variances to this section shall not be granted unless a written application for a variance has been submitted to the Office of Planning demonstrating:
         (a)   That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands;
         (b)   That a literal interpretation of the conditions set forth in this section would deprive the applicant of rights commonly enjoyed by other properties;
         (c)   That the special conditions and circumstances do not result from actions of the applicant; and
         (d)   That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this section to other lands. No pre-existing conditions on neighboring land which are contrary to this section shall be considered grounds for the issuance of a variance.
      (3)   Upon the recommendation of the City Engineer, Variance requests shall be forwarded to the Planning and Development Board. A public hearing before the Board shall be scheduled to hear the proposed variance request. The Planning and Development Board, shall make the following findings:
         (a)   That the requirements of this subdivision have been met;
         (b)   That the reasons set forth in the application justify the granting of the variance to make possible the reasonable use of the land;
         (c)   That the granting of the variance would be in harmony with the general purpose and intent of this section, would not be injurious to the surrounding property, would not impair the desirable general development of the neighborhood, and would not otherwise be detrimental to the public welfare.
      (4)   In granting any variance, the Board may prescribe and require appropriate conditions and safeguards in conformity with this section.
(‘72 Code, § 17-10) (Ord. 1615, passed - - ; Am. Ord. O-67-119, passed - -; Am. Ord. O-2002-19, passed 4-10-02; Am. Ord. O-2006-18, passed 5-17-06; Am. Ord. O-2011-15, passed 5-4-11) Penalty, see § 155.99