§ 61.213. Other Access Management Standards Considerations—Existing Properties.

(a)

At the time of adoption of this amendment by City Council, existing permitted connections, median openings, and signals not meeting the standards of the assigned classification shall be allowed to remain in place. Such features shall be brought into compliance with the standards of the assigned classification in the Major Thoroughfare Plan under the following conditions:

(1)

when new connection permits are needed;

(2)

when existing property use changes to a land use with greater density or intensity on the site;

(3)

when substantial enlargements or improvements are proposed; or

(4)

as changes to the roadway design allow.

(b)

A development site that cannot meet the minimum connection spacing standards on a particular segment of the adjacent roadway may be required to make use of shared access driveways and cross-access corridors. These conditions may also limit access to a specific use or prohibit an increase in intensity as outlined in Chapter 58, Part 1, Table 3, Land Use Intensity Table. Redevelopment sites which qualify for a variance from the separation distance requirements shall not have site frontage greater than 660 feet under single ownership.

(c)

Due to inadequate lot frontage, location of existing driveways on abutting properties or other similar physical constraints, a development site may not meet the minimum spacing requirements. A development site that cannot be permitted access and has no reasonable alternative means of access to the public road system shall be issued approval for a non-conforming connection by the City Transportation Engineer with conditions specified in section 61.213(b) of this code.

(d)

The minimum connection and median opening separations specified in this section (Figures 1 and 2 Access Management Classification System) may be modified if the City Transportation Engineer approves the use and design of auxiliary lanes or storage lanes. Greater distances between connections and median openings may be required by the City to provide sufficient site-specific turn lane storage, or to further the goals, objectives, and policies of the Growth Management Plan, based on health, safety, or welfare issues.

(e)

Where a development site is composed of more than one building site, the building sites shall not be considered as separate properties for the purpose of the standards associated with the access class of the roadway segment. Such sites with frontage exceeding the minimum standards of the assigned access class may not be permitted automatically the maximum number of connections, median openings, or signals possible based on the spacing standards. The number of connections permitted shall be the minimum number necessary to provide reasonable access based on operational, safety and functional integrity considerations.

(f)

New connections shall not be located within the functional area of an existing intersection. A single driveway connection may be placed closer to the intersection than allowed in this section if separation standards cannot be met to provide reasonable access to the property. Approval of such a connection may be provided upon review of a study performed by a registered engineer provided by the applicant. The City Transportation Engineer must determine that the connection does not create a safety or operational problem on the roadway or at the intersection prior to the approval.

(g)

Traffic signals meeting signal warrants may be spaced at intervals closer than the minimum standard for the access class for the roadway segment when the City Transportation Engineer determines that the addition of such signals is needed for the safety and operation of the roadway based on a detailed engineering study performed by a registered engineer.

(h)

Nothing in this section shall preclude an intersection from undergoing a Signal Warrant Study, submitted by a registered engineer qualified to conduct such studies and approved by the City Transportation Engineer, prior to consideration of actual design and construction of traffic signals at a specific location on the Major Thoroughfare System. Satisfaction of warrants at an intersection does not require that a signal be installed. Final approval of the signal design and installation is at the discretion of the City Transportation Engineer.

(Ord. of 9-16-1991, Doc. #25098; Ord. of 7-26-1993, Doc. #26770; Ord. No. 2017-74, § 1, 1-22-2018, Dec. #1801221203)