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to whom the building permit is issued shall obtain a sidewalk and driveway <br />approach constructs on permi t for the construction of a si dewal k and driveway <br />approach within the dedicated right-of-way for the ful 1 frontage i n which a <br />sidewalk i n goad repair does not exist, The sidewalk constructi an sha11 be <br />completed within the bui 1 di ng construction period or within one year after <br />the sidewalk permit i s issued, whichever i s the 1 esser, <br />~2 } The city engineer may i ssue a permi t and certificate al 1 owi ng <br />noncompliance with the provisions of subsection 1.385 ~1 } to the owner, <br />bui 1 der, or contractor when, i n his opinion, the construction of a si dewal k <br />is impractical for one or more of the following reasons: <br />ta} Sidewalk grades have not and cannot be established <br />for the property i n question wi thi n a reasonabl a period of <br />time. <br />~ b} Future instal 1 ati on of public uti 1 i ti es or street <br />paving would of necessity cause severe damage to existing <br />sidewalks, <br />~ c} Right--of~-way width i s insufficient to accommodate a <br />sidewalk an one or both sides of street. <br />~d} Topography or contours make the construction of a <br />sidewalk impractical, <br />fie} The noncompliance provided in subparagraphs ~a} and <br />fib} shall be temporary and shall cease to exist when grades are <br />established for sidewalks by the city engineer ar when public <br />utilities ar street paving have been constructed, The permit <br />shat 1 indicate the reason for its issuance. <br />~3} The denial of a certificate of noncompliance under subsection <br />7, 385 ~ 2 } may be appealed to the city manager or the manager's designee under <br />the procedures and time 1 i mi is provided i n section 3. QGO of this code . <br />~ 4 } I f a si dewal k i s not constructed within the time required by <br />this section, then the city may construct i t for the full street frontage i n <br />front of the property and proceed with the construction, assessment and col - <br />1 ec ti on s of costs as provided i n section 7,154. <br />7.405 Driveways -Prohibited Locati ons, S eci a1 Requirements and <br />Revocat~ on, <br />~ No driveway approach shat 1 be permitted to encompass a muni- <br />ci pal foci 1 i ty, Under the permit, the applicant may be authorized to re10- <br />cate a muni ci pa1 foci 1 i ty, including any within the 1 i mi is of a curb return <br />which may be encroached upon as allowed under subsection 7,4053}. <br />t2} At intersections driveway approaches shall be at least ~O <br />feet from the crosswalk at the curb line, or 14 feet from the projection of <br />the ,property 1 i ne on the intersecting street when the crosswalk i s not <br />defined, <br />4 3 } A map entitled "City of Eugene -Major Streets Requiring <br />Special Driveway Approach Control " shat 1 be maintained i n the department, <br />The map,and subsequent changes thereto shall be approved by the planning <br />comm~ss~on. All applications for driveway approaches on streets shown on the <br />map and all commercial and industrial land uses shall be reviewed by the <br />traffic engineer who may alter driveway approach requirements from standards <br />prove ded ~ n the s code, based on the fo11 owi ng: <br />~a} To maximize safety far vehicular traffic, or <br />{b} To provide adequate protection for pedestrians and <br />bicyclists; or <br />Ordinance - 4~ <br />