§ 152.323 ENTRANCES TO STREETS.

   (A)   All driveway entrances and other openings onto streets within the town’s planning jurisdiction shall be constructed so that:

      (1)   Vehicles can enter and exit from the lot in question without posing any substantial danger to the occupants of such vehicles, pedestrians, or vehicles traveling in abutting streets; and

      (2)   Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

   (B)   (1)   Specifications for driveway entrances are set forth in §§ 152.350 through 152.365.

      (2)   If driveway entrances and other openings onto streets are constructed in accordance with the foregoing specifications and requirements, then this shall be deemed prima facie evidence of compliance with the standards set forth in division (A) above.

   (C)   For purposes of this section, the term PRIMA FACIE EVIDENCE means that the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may (but is not required to) conclude from this evidence alone that the proposed development complies with division (A).

(Ord. passed 12-20-2001) Penalty, see § 152.999