City of Appleton
Appleton Wisconsin
Local Date and Time: Monday, Oct 06, 2008 / 09:42 AM
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PUBLIC WORKS: Inspections

Driveway Ordinance
 

Sec. 19-91.  Parking in front yard in residential district; parking on terraces.

 

    (a)   Purpose.  The purpose of this section is to clearly define acceptable areas for parking vehicles within the established front yard of private properties in order to address off-street parking issues and maintain the acceptable appearance of City neighborhoods.

 

    (b)   No person shall park or store any motor vehicle, boat or trailer in the established front yard of any residential district except upon a driveway which shall be delineated by the area leading directly from the street to a garage, carport or rear yard parking area. Any vehicle parked in the front yard, shall be parked within the driveway area in such a manner as to maintain all wheels on the driveway surface, and shall neither obstruct the sidewalk nor extend onto the driveway apron.  All driveways on one- (1-) and two- (2-) family residential properties, as well as those properties with three (3) dwelling units, shall be paved with concrete, asphalt, brick or a similar hard surface within one (1) year of construction.  Those existing driveways on one- (1-) and two- (2-) family properties, as well as those properties with three (3) dwelling units, that are not currently paved with such materials shall be so paved prior to the sale of the property or, within six (6) months after the property is sold.

 

    (c)   Extensions to the driveway surface, beyond the area previously described in section (b), are permissible provided all of the following apply:

 

            (1)   The property owner has obtained the appropriate permit; and,

 

            (2)   Both the extension and driveway are paved with the same hard surface; and,

 

            (3)   The extension is no greater than ten (10) feet wide; and,

 

            (4)   The paved area is no longer than the length of the driveway, extending from the edge of the City’s right-of-way to a garage, carport or rear yard parking area; and,

 

            (5)   Whenever practicable, the extension shall be located on the side of the driveway such that it extends toward the nearest side lot line.  When such a configuration is not possible, the property owner may seek approval from the Municipal Services Committee to add an extension into the greater front yard of the property.

(6)               This section shall not apply toward paved circular driveways.

 

            (7)   The paved area shall meet any other requirements of the Municipal Code including, but not limited to, zoning requirements.

 

    (d)   Appeals to the requirements of this section shall be filed with the Inspections Supervisor and heard by the Municipal Services Committee.  In hearing and deciding appeals, the Committee shall have the power to grant relief from the terms of this section only where there are unusual and practical difficulties or undue hardships due to an irregular shape of the lot, topographical, or other conditions present, as contrasted with merely granting an advantage or convenience.  Decisions of the Committee shall be consistent with the purpose and intent of this section.

 

    (e)   Relief granted by the Municipal Services Committee, pursuant to (d) above, unless granted for reasons of financial hardship, shall run with the land until the property is sold, except in the case where the property is sold within a five- (5-) year period from the granting of said relief.  In that case, the relief shall terminate when five (5) years has elapsed from the approval of said decision by the Common Council.  If said relief terminates pursuant to this section, the new owners must either (1) comply with the provisions of this chapter or (2) file a new request for relief with the Inspections Supervisor.

 

    (f)    Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §1-16 of the Municipal Code.

 (Code 1965, §10.04(2); Ord 179-02, §1, 8-27-02, Ord 16-05, §1, 2-22-05; Ord 126-06, §1, 10-10-06)

                Cross reference(s) ‑ Citation for violation of certain ordinances, §1-17; schedule of deposits for citation, §1-18.

 

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