(A) Location. All land within one mile (5,280 feet) of the centerline of Trunk Highway 7 in the city are in the access management overlay zone and subject to this chapter.
(B) Scope.
(1) From the effective date of this chapter, the provisions of this chapter apply to the general location and design of the public street network and access to property within the Access Management Overlay Zone.
(2) Accesses that were legally established, but are not in conformance with the standards of this chapter, are considered non-conforming accesses and may continue in existence under the conditions established in division (D) below.
(C) Exemption. The provisions of this chapter do not apply to any field access.
(D) Non-conforming access.
(1) Purpose. The purpose of this subdivision is to recognize the existence of access connections to Trunk Highway 7 which were lawful when established but do not meet the requirements of this chapter; discourage the expansion and/or intensification in use of such access; and encourage the elimination of non-conforming accesses or reduce their negative impacts on Trunk Highway 7 and the surrounding area.
(2) Continuation of non-conforming access. Any access connection in place as of the date of adoption of this chapter that does not conform with the standards herein is a non-conforming feature that will be allowed to continue as long as there is no physical change in the access, change in the land use served by the access or intensification of the land use served by the access. Normal maintenance and repair of the access shall not be considered to be a physical change in the access.
(3) Change in use of non-conforming access. If there is a change in land use or the intensity of the land use served by a non-conforming access as defined in § 156.05(A) of this chapter, the non-conforming access must be eliminated or brought into conformance with the standards of this chapter.
(4) Discontinuation of non-conforming access. If the use of the non-conforming access is discontinued for more than one year, the access must not be re-established unless approved under the provisions of § 156.05 of this chapter.
(5) Discontinuation of non-conforming use. If the use or structures of the property served by a non-conforming access is a legal non-conformity according the zoning ordinance and is discontinued for more than one year, or if the non-conformity is destroyed by fire or other peril to an extent greater than 50% of its market value, any subsequent access serving the property must conform to the provisions of this chapter.
(E) Conditional uses. In addition to the findings and review criteria established in § 154.070 of this chapter, approval of a conditional use requires full compliance with the standards of this chapter. A modification of access standards will not be approved for a conditional use.
(2004 Code, § 156.04) (Ord. 03-361, passed 5-25-2004)