(A) Driveways that do not conform to the regulations in this chapter, and were constructed before the effective date of this chapter and existing driveways granted a temporary access permit, shall be considered legal non-conforming driveways.
(B) Loss of legal non-conforming status results when a change to the site or use requires a new site plan, according to this chapter. Any reuse of the driveway may only take place after the driveway conforms to all aspects of this chapter.
(C) When the owner of a property with an existing non-conforming driveway or driveways applies for a permit to upgrade the property, the Planning Commission will determine whether it is necessary and appropriate to retrofit the existing driveway or driveways. If the developer is proposing a change in use of the driveway the non-conforming status is no longer valid and a permit for the driveway is required from the State Department of Transportation or the Road Commission as applicable according to the standards of this chapter.
(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 based on warrants; and
(i) 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.
(D) Driveways that do not conform to the regulations in this chapter and have been constructed after adoption of this chapter, shall be considered illegal non-conforming driveways.
(E) Illegal non-conforming driveways are a violation of this chapter. The property owner shall have 30 days in which to correct the violation. The property owner shall be issued a violation notice which may include closing off the driveway until any non-conforming 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 the removal shall be borne by the property owner.
(F) Nothing in this chapter shall prohibit the repair, improvement or modernization of lawful non-conforming driveways; provided, it is done consistent with the requirements of this chapter.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)