The Municipal Services Committee met 01/23/2023. One of the action items they took up was a request to approve proposed changes to Municipal Code 19-91. These changes did not impact the way the code is currently enforced and were more intended to clarify the code and, in one case, bring it in line with state statute. The changes were approved by a vote of 5-0.
I’ve prepared a transcript of the complete discussion.
There were three basic changes…
1. Removal of the language requiring gravel driveways to be paved within 6 months of a property’s sale.
Back in 2015 the state passed Act 55 which prohibited municipalities from creating time of sale requirements. The City of Appleton currently requires all driveways on one- and two-family residential properties, as well as properties with three dwelling units be paved with concrete, asphalt, or brick within one year of construction. It also includes language requiring any existing driveways that are not currently paved in that way to be brought into compliance.
The actual Municipal Code says that existing driveways not in compliance “shall be so paved within one (1) year of notice of non-compliance”, but during the meeting Inspections Supervisor Kurt Craanen indicated to the committee that the code included language that required non-conforming driveways to be brought into compliance within 6 months of the property having been sold. [So, I’m not sure exactly how the code aligns with what he told the committee, but, at any rate…]
Per Supervisor Craanen, the city was no longer allowed by state law to require driveways to be brought into compliance after a property was sold and that those driveways were now to be treated as a legal non-conforming situation. New driveways and new driveway extensions would have to meet current city code, but existing gravel driveways would not need to be brought up to existing code standards.
2. Addition of language requiring driveway extensions to flare the bottom of the extension at a 45 degree angle as it approaches the sidewalk and terrace to prevent cars from driving over the terrace.
This requirement already existed in practice because it was built into the permits that the city issued when they approved a driveway extension application. The update to city code would simply be making that practice explicit within the city code.
3. Inclusion of language and diagrams clarifying the allowable width of driveway extensions on corner lots.
Municipal code currently allows a driveway to be extended 12 feet into the nearest side lot line and 4 feet into the front yard. There has been some confusion as to how these rules are applied to driveways on corner lots. Staff has interpreted these rules to allow no more than a 4-foot extension to a driveway if that extension is on the outer side of a corner lot. [You may recall back in September and October of 2022 a variance request working its way through committee and Council regarding this very issue.]
The code update would provide clarifying language and diagrams more clearly explaining to property owners what is and is not allowable under the existing rules.
There was brief discussion about the current rules regarding gravel driveways in which Supervisor Craanen gave his thoughts on what he believed the Council had been trying to accomplish with the driveway pavement rule; however, it was all a moot point because state law now prevented municipalities from enforcing that sort of rule.
Outside of that discussion, there were no questions or comments on the items and the committee voted 5-0 to approve the recommended changes.
View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1077521&GUID=C92D56F4-85B1-49B9-8AD2-11D60149A26E
One thought on “Municipal Services Committee Approves Update To Municipal Code Clarifying Rules Around Driveway Extensions”