§ 156.400  ACCESS.
   (A)   Kenly general design guidelines. Additional considerations may be outlined in the Kenly general design guidelines.
   (B)   Access required.
      (1)   Except as provided in division (B)(2) below, no principal building, structure, or use may be erected or established on any lot which does not abut at least 30 feet on a street constructed to the standards of the town and dedicated as a public street to the town or the state.
      (2)   The Planning Director may authorize, in specific situations, the erection or establishment of a principal building, structure, or use on a lot not meeting these requirements if it is clear that adequate provision for access for the type and intensity of use proposed has been or will be provided, and there are special circumstances, such as the rural nature of the lot and area, or in the case of a nonresidential use, that an easement has been recorded guaranteeing accessibility, that make the application of these requirements to the proposed use not feasible or undesirable.
   (C)   Access to major thoroughfares.
      (1)   Whenever a subdivision that involves the creation of 1 or more new streets borders on or contains an existing or proposed major thoroughfare, no direct driveway access may be provided from lots within the subdivision onto this street.
      (2)   When a lot or development borders on or contains an existing or proposed thoroughfare access to the thoroughfare may be limited by 1 of the following means:
         (a)   Driveway access between the lot and the thoroughfare shall be located not closer than 400 feet to the nearest centerline of any other proposed or existing driveway access along the same side of the thoroughfare.
         (b)   Lots shall be subdivided so as to provide access onto a frontage road or reverse frontage road. The centerline of the frontage or reverse frontage road where it intersects the thoroughfare shall be no closer than 800 feet to the centerline of the nearest proposed or existing driveway access or road.
         (c)   Approval of driveway access between a lot and the thoroughfare at an interval less than those specified may be granted only by review and recommendation of the Public Works Director and NCDOT.
      (3)   The driveway access provisions shall not be applicable to any subdivision lot where:
         (a)   The effect of such application would be to deprive the lot of reasonable access; or
         (b)   The size of the parcel being subdivided, or lack of frontage on the thoroughfare makes the alternatives above not feasible.
      (4)   No zoning permit or certificate of occupancy may be issued until the major thoroughfare access requirements of this chapter have been met.
   (D)   Access to minor thoroughfares. All access to minor thoroughfares shall occur in accordance with the following:
      (1)   Provision of a frontage road. Lots may take direct access onto a frontage road.
      (2)   Provision of cul-de-sacs. Lots may take indirect access by fronting on cul-de-sacs.
      (3)    Chang e of lot orientation. Lots may front on a parallel residential street.
 
   (E)   Residential driveways. Residential driveway access to and from streets shall be constructed in accordance with town standards as outlined below:
      (1)   Driveway type. The standard residential driveway access for the town shall be the "ramp" type driveway section. Ramp-type driveways shall be constructed in accordance with town standards and specifications as outlined in the town's engineering design manual.
      (2)   Width of driveway. The width of a residential driveway shall be no less than 10 feet and no more than 24 feet. When 2 residential driveways coincide along a property line, the maximum width shall not exceed 24 feet.
      (3)   Number of driveway access points. The number of residential driveway access points servicing any lawful lot should be limited to 1; however, in no instance shall there be more than 2 residential driveway access points servicing the lot.
      (4)   Location of driveway access points. Residential driveways shall be spaced at least 20 feet from any other driveway on the same lot, but not nearer than 3½ feet to any lot line, except where 2 residential driveways coincide along the same lot line. The minimum corner clearance from the curb line or edge of pavement of intersecting streets shall be at least 20 feet from the point of tangency of the radius curvature, or 20 feet from the intersection of right-of-way lines, whichever is greater. The radius of the driveway shall not encroach on the minimum corner clearance.
   (F)   Nonresidential driveways.
      (1)   Nonresidential driveway access to and from streets shall be constructed in accordance with the standards and specifications provided in the manual, Policy on Street and Driveway Access to North Carolina Highways, as adopted and amended by NCDOT. For any development, the number of driveway access points may be restricted where it is necessary for purposes of decreasing traffic congestion or hazards. These restrictions may include required common access points. The Town Attorney shall approve the recordable documents for all required common access points.
      (2)   Outparcels shall take access from within the development, where possible.
      (3)   Emergency access drives shall be a minimum of 24 feet in width.
   (G)   Multiple entrances required. In order to accommodate emergency and service vehicles, the following standards shall apply.
      (1)   Any residential subdivision of greater than 30 lots shall include at least 2 access points. The second access may consist of stub street.
      (2)   Any residential subdivision of greater than 75 lots shall include at least 2 access points. Stub streets shall not be considered part of the 2 access points.
      (3)   No more than 75 certificates of occupancy may be issued within the subdivision until the required secondary access has been constructed or bonded for construction.
      (4)   Residential subdivisions of 250 or more lots shall provide 3 separate access points. Where 3 or more access points are required, the Town Board of Commissioners may waive the requirement for immediate construction of more than 2 access points, provided that subdivision phasing and design illustrates the additional required connections. For those subdivisions large enough to require a third access, a stub-out street may be credited as a required access if the 2 functioning access roads are both connected to a collector road.
      (5)   A waiver (see § 156.706) of these standards may be allowed by the Town Board of Commissioners during approval of the preliminary subdivision plat only in extreme cases where limited frontage, natural features (slope, topography), or similar circumstances preclude the required connections and there is no substantial impact noted regarding emergency service delivery.
   ( H)   Divided entrance s required . Where the Town Board of Commis sioners determin es it is necessary, a divided entrance shall be required for a subdivision or development. Where a divided entrance is credited as 2 access points, the divided entrance shall be 4 travel lanes from the intersection with the public road system to the first intersection within the development.
 
   (I)   Nonresidential driveway access to adjacent development.
      (1)   Driveway connections to adjacent development shall be provided and clearly identified. All driveway connections shall be constructed and stubbed, and future development of adjacent property shall complete a connection to any existing stub.
      (2)   Access easements may be required to ensure outparcels or adjacent developments have adequate access if ownership patterns change.
      (3)   The Planning Board or Town Board of Commissioners may waive the requirement for a driveway connection required above in those cases where unusual topography or site conditions would render such an easement of no benefit to adjoining properties.
      (4)   The Planning Board or Town Board of Commissioners may approve the closure of driveway access in those cases where adjoining parcels are subsequently developed with a residential use.
   (J)   Shared access. A shared access easement may be required between adjacent lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of such easement shall be determined by the Planning Board.
   (K)   Closure or relocation of existing access points. The Planning Board or Town Board of Commissioners, in conjunction with NCDOT, shall have the authority to require the closure or relocation of existing access points where multiple access points to the site are available.
   (L)   Visibility at intersections.
      (1)   Corner lots. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner  as to materially impede vision between a height of 2½ feet and 10 feet in a triangular area formed by a diagonal line between 2 points on the right-of-way lines, 20 feet from where they intersect.
      (2)   Driveways. Adequate sight distance should be provided at all driveway access points and shall be in accordance with the standards provided in the manual, Policy on Street and Driveway Access to North Carolina Highways, as adopted and amended by the NCDOT.
(Ord. passed 6- -2019)