(A) Purpose. It is recognized that driveway connections onto a road serve to increase traffic flow and volume on that road. Increased traffic flow, if left unchecked, can lead to traffic congestion, increased travel times, and to an increase in the number of accidents involving motorists, cyclists and/or pedestrians. The purpose of this chapter, per G.S. § 160A-307, is therefore to promote the orderly flow of traffic on streets through the town and to provide for increased safety for pedestrians, cyclists and motorists alike, by providing street curb cuts and other associated road improvements through the issuance of driveway permits.
(B) Administration. This chapter shall be administered by the Development Services director (hereafter referred to as the “Administrator”).
(C) Applicability.
(1) This chapter shall be applicable within the corporate limits of the town.
(2) This chapter shall be applicable when a building or parcel of land is proposed to be used or occupied without any associated building construction or alteration; or whenever a zoning permit, as stipulated in the town zoning regulations (Chapter 153), is required. Adherence to this chapter, however, shall not be required for any of the following, unless driveway access is added or expanded:
(a) Initial construction or expansion of residential accessory structures;
(b) Initial construction of nonresidential accessory structures which are less than 500 square feet in area; or an expansion of a nonresidential accessory structure by less than 500 square feet;
(c) An enlargement of an existing principal nonresidential structure by less than 20% of its existing gross floor area, provided the enlargement does not necessitate the creation of additional off-street parking or loading spaces as may be required by the town's zoning regulations (Chapter 153); or
(d) A change in principal use which would not necessitate the creation of additional off-street parking and/or loading spaces.
(D) Driveway permits.
(1) A driveway permit shall be required in all instances where this chapter is applicable.
(2) Fair and reasonable conditions may be placed on the driveway permit by the town in a manner as prescribed by this chapter. The conditions may require the applicant to construct (or reimburse the town for associated construction costs) the improvements.
(E) Driveway permit application process.
(1) An application for a driveway permit may be made (and approved by the Administrator) simultaneously with a zoning permit application.
(2) Having received and reviewed a complete application, the Administrator shall have the authority to:
(a) Approve the driveway permit without conditions;
(b) Where applicable, approve the permit in conformity with any other conditions previously placed on the property in question by the town;
(c) Approve the permit subject to certain fair and reasonable conditions be attached; or
(d) Deny the application.
(3) (a) The Administrator may only approve the driveway permit application having first determined that the proposed development, land improvement or use of property meets each of the following findings:
1. The proposed use or development will not serve to impede the flow of traffic through the town; and
2. The proposed use or development will not be a safety deterrent for pedestrians, cyclists and motorists.
(b) The Administrator may deny an application if each of the above findings are not found in the affirmative. Any conditions placed on the driveway permit shall be in support of and in harmony with each of the above referenced findings of fact.
(4) Any decision of the Administrator regarding the driveway permit may be appealed to the Planning Board provided the appeal is made in writing no greater than 30 days of the date of the decision.
(Prior Code, § D-IV-2) (Ord. passed 9-8-2020)