§ 20-136. Private easement as approved access.

The advisory agency may approve a building-free legal access easement as approved access for divisions of one (1) parcel into two (2) lots where the providing of approved access required by this chapter would prevent development of the proposed lot abutting the existing approved access to the property, or where existing development on the proposed lot abutting the existing approved access did not leave enough area to provide approved access to the other lot.

Such approval shall be subject to the following conditions:

(1)

The property shall, prior to division, be within an urban area as designated on appendix I of the design standards.

(2)

The easement shall serve only one (1) single-family dwelling.

(3)

A building-free turning area shall be provided on the lot or parcel served by the easement.

(4)

Maximum length of the easement shall be no more than two hundred (200) feet.

(5)

The minimum width of the easement shall be twenty (20) feet to be improved as follows:

a.

Sixteen (16) feet of gravel roadway with an SC-250 prime coat minimum.

b.

Four (4) feet reserved for utilities.

(6)

There shall be a building-free setback of ten (10) feet, measured from the edge of the easement, unless the zoning district in which the property lies requires a greater setback.

(7)

The parcel abutting the existing approved access shall have a frontage on the existing approved access of a minimum of seventy-five (75) feet.

(8)

Where possible, the easement shall be located adjacent to the existing driveways on neighboring parcels.

(9)

A statement shall be placed on the map indicating that the parcel to be served by the easement cannot be divided until an easement or right-of-way is provided, as set forth in section 20-134.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)