Re: code violations/illegal home occupation;illegal curb cut

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22 October 2010 3596 Lyric Ave/Home Occupation Page 2 of 4 Sec. 18-106. Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut, roadway surfacing or any other private improvement in any road or other property in the city without a permit in writing from the city. Sec. 18-136. Residential driveways, approaches and turnaround. (a) One driveway approach shall be allowed from up to two single residential parcels of land to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one pubiic road. (b) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way (ine. (c) The total width of driveway approaches to up to two single parcels of land from a single road shall not exceed 20 feet. (d) A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet. (e) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a corner. (fl For residences constructed after July 25, 1986, the driveway approach and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. Where it has been determined by the city's public service director that driveway and/or driveway approach existing on July 25, 1986, is causing a maintenance problem on the road, including but not limited to the washing of dirt and gravel into the road, the public services director shall order that the property owner pave such portion of the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement concrete will only be allowed from the driveway up to the public right-of-way. This requirement shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition to the granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan. (g) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or collector roadway as determined in the comprehensive plan, and on all entrances to public roads within the city where deemed necessary by the public services director, based on traffic counts, sight distances, street grades and other relevant factors. If a driveway turnaround is required by the public services director, such requirement shall be stated on any permit issued by him pursuant to this article. Sec. 78-1. Definitions Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376. Sec. 78-1376. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 1 home occupations: Home occupations that comply with all standards of subsection(d)of this section and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit. (2) Level 2 home occupations: Home occupations that comply with all standards of subsection(d)of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsection (d) of this section and which are not prohibited home occupations under subsection (e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 26-76. Level 2 home occupations may include but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside.