Sec. 746.110. - Restrictions on nonresidential activity upon privately-maintained roads.

(a) Definitions. For purposes of this Section, the term: (1) Nonresidential activity means any industrial, commercial, agricultural, silvicultural or horticultural activity or related use including but not limited to excavation, site preparation, construction, renovation, dirt hauling or tree farming, other than an activity of such intensity customarily associated with, incidental to or in service of a lawful, residential development of a density not to exceed four units per lot or parcel. (2) Privately-maintained road means a way open to travel by the public including but not limited to roads, streets, highways or alleys, in which the City has an interest by dedication, grant, operation of law or otherwise, where the obligation to repair and maintain such way has not been accepted by the City or is otherwise the responsibility of some other non-governmental person(s). (b) Notwithstanding anything in Chapters 323 , 518, 744, 746, 748 or elsewhere in the Code to the contrary, no privately-maintained road shall be used for or in support of any non-residential activity unless written permission is obtained from all affected, abutting landowners or obtained from those persons otherwise responsible for maintenance. (c) By way of exception to the foregoing prohibition, in those cases where a privately-maintained road provides the sole means of ingress and egress to a property, the road's use for and in support of non-residential activities on such property may be permitted so long as the road is maintained properly during the period of activity and where security in the form of cash, a performance or surety bond or a letter of credit is given to the City in an amount adequate to ensure the road will be repaired or restored following the cessation of such activity. (Ord. 2004-1029-E, § 1) Editor's note— Ord. 2004-1029-E, § 1, amended the Code by adding a new § 746.109. In order to prevent duplication of Section numbers, the provisions have been redesignated as § 746.110 at the discretion of the editor.