(A) An application for a driveway permit may be made and approved by the Administrator simultaneously with a zoning permit application.
(B) Having received and reviewed a complete application, the Administrator shall have the authority to:
(1) Approve the driveway permit without conditions;
(2) Where applicable, approve the permit in conformity with any other conditions previously placed on the property in question by the town;
(3) Approve the permit subject to certain fair and reasonable conditions being attached; or
(4) Deny the application.
(C) The determination shall be made within 45 days of receipt of a completed application. The application will be deemed approved if action is otherwise not taken within the 45-day period.
(D) The Administrator may only approve the driveway permit application having first determined that the proposed development, land improvement or use of property meets each of the following findings:
(1) The proposed use or development will not serve to impede the flow of traffic through the town.
(2) The proposed use or development will not be a safety deterrent for pedestrians, cyclists and motorists.
(3) Conditions, if any, which are placed on the permit are reasonably attributable to the traffic using ingress and egress from the lot(s) in question, and the improvements serve the traffic emanating from the points of ingress and egress.
(4) The proposed use or development meets all of the applicable requirements of Chapters 151 and 152.
(E) The Administrator may deny an application if each of the above findings of divisions (C)(1) through (4) is not found in the affirmative. Any conditions placed on the driveway permit by the Administrator shall be in support of and in harmony with each of the above referenced findings of fact.
(F) Any decision of the Administrator regarding the driveway permit may be appealed to the Board of Adjustment, provided the appeal is made in writing no greater than 15 days from the date of the decision. The process for hearing this appeal shall be as prescribed in the town's Unified Development Ordinance. All other rules and regulations that are applicable in the town's Unified Development Ordinance and the Board of Adjustment rules of procedure shall apply.
(Ord. passed 4-3-2000)
Cross-reference:
Subdivisions, see Ch. 151
Zoning, see Ch. 152