§ 30-39. Other grounds for denial.

(a)

The community development department shall withhold issuance of a permit under the following conditions:

(1)

Until the required plan of such construction shall have been approved in writing by the department.

(2)

If the construction is for a driveway in any commercial (business) or industrial district, as delineated in the zoning ordinance, of less than sixteen (16) feet in width or more than forty (40) feet in width, exclusive of wings.

(3)

If the construction is for a driveway in any residential area, as delineated in the zoning ordinance, of less than twelve (12) feet in width or more than thirty (30) feet in width exclusive of wings.

(4)

In the case of construction of two (2) or more driveways on any one (1) lot less than twenty-five (25) feet of full straight curb exists between driveways.

(5)

If the construction is a driveway in a commercial, industrial and residential area which encroaches closer than five (5) feet to the side property line.

(6)

If the curb returns are for a driveway of less than two (2) foot radius or four (4) foot curb ramps or any radius or any radius or curb ramp, the length and location of which is not fixed or approved in each instance by the department.

(7)

At intersection corners where the intersection curb radius is less than twenty-five (25) feet, if the drive, curb return or curb ramp is located on any part of an intersection curb radius. On curb returns at street intersections where the radius is thirty (30) feet or more, driveway approaches, including curb returns and curb ramps, may encroach upon each end of the curb radius for a distance of five (5) feet.

(8)

In any commercial (business) or industrial zoned district, if the applicant does not provide for the construction of a safety curb constructed of cement concrete between the driveways along and inside the property line or between the sidewalk and the property line subject to approval of the department when the property located between the two (2) driveways is used for the purpose of movement, storage or parking of vehicles. Such safety curb shall be not less than six (6) inches wide by eighteen (18) inches deep with six (6) inches of the curb extending above the official property line grade.

(9)

In the case of construction of driveways in a commercial (business) or industrial zoned area, if sufficient space is provided on the private property to provide egress from the property without backing the vehicle across the sidewalk, except where a building exists which is used for the storage or repair of motor vehicles. When parking is provided in front of a building, sufficient space on private property to provide egress without backing the vehicle across the sidewalk shall mean the following:

a.

In the case of existing buildings:

1.

Forty-foot minimum setback for ninety degree parking.

2.

Thirty-six-foot minimum setback for sixty-degree parking.

3.

Thirty-foot minimum setback for forty-five-degree parking. Private sidewalks abutting the face of the building are not included in this set back but are desirable and would require additional setback.

b.

In the case of new construction of buildings:

1.

Forty-two-foot minimum setback for ninety-degree parking, plus an additional minimum seven-foot setback for a sidewalk abutting the face of the building.

2.

Thirty-six-foot minimum set back for sixty-degree parking, plus an additional minimum seven-foot setback for a sidewalk abutting the face of the building.

3.

Thirty-foot minimum setback for forty-five-degree parking, plus an additional minimum seven-foot setback for a sidewalk abutting the face of a building.

(10)

If more than one (1) driveway will be constructed to each fifty (50) feet of frontage upon any street, except within the commercial (business) or industrial districts and as otherwise provided in this section.

(b)

Any request for an exception to the foregoing shall be submitted in writing to the department. The community development administrator may grant requests for exceptions not to exceed maximum widths of driveways of sixty (60) feet.