(A) Purpose. The purpose of this section, per G.S. § 160A-307, is 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 section shall be administered by the Town Manager or designee appointed by the Town Commission (hereafter referred to as the “Administrator”).
(C) Applicability. This section shall be applicable within the corporate limits of the town. It shall apply 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 is required. Adherence to this section, however, shall not be required for any of the following:
(1) The initial development of a single-family or two-family dwelling structure, along with related accessory structures, on a recorded lot;
(2) Initial construction or expansion of residential accessory structures;
(3) Initial construction of non-residential accessory structures which are less than 500 square feet in area, or an expansion of a non-residential accessory structure by less than 500 square feet;
(4) An enlargement of an existing principal non-residential structure by less than 20% of its existing gross floor area, provided such enlargement does not necessitate the creation of additional off-street parking or loading spaces as may be required by Chapter 154; or
(5) A change in principal use which would not necessitate the creation of additional off-street parking and/or loading spaces.
(D) Driveway permits. A driveway permit shall be required in all instances where this section is applicable. Fair and reasonable conditions may be placed on the driveway permit by the town in a manner as prescribed by this section. Such conditions may require the applicant to construct (or reimburse the town for associated construction costs for) said improvements.
(E) Driveway permit application process. Application for a driveway permit shall proceed as follows:
(1) An application for a driveway permit may be made (and approved by the Town Manager) simultaneously with a zoning permit application.
(2) Having received and reviewed a complete application, the Town Manager 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) Recommend to the Town Commission that the permit be approved subject to certain fair and reasonable conditions being attached; or
(d) Deny the application. Any such determination shall be made within 45 days of receipt of the application. The application will be deemed approved if action is otherwise not taken within said 45-day period.
(3) The Town Manager or the Town Commission 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:
(a) The proposed use or development will not serve to impede the flow of traffic through the town;
(b) The proposed use or development will not be a safety deterrent for pedestrians, cyclists, and motorists; and
(c) Conditions, if any, which are placed on the permit are reasonably attributable to the traffic using ingress and egress from the lot(s) in question and that the improvements serve the traffic emanating from such points of ingress and egress.
(4) The Town Manager or Town Commission may deny an application if each of the above findings are not found in the affirmative. Any conditions placed on the driveway permit by the Town Commission shall be in support of and in harmony with each of the above referenced findings of fact.
(5) Any decision of the Town Manager regarding the driveway permit may be appealed to the Town Commission, provided such appeal is made in writing no greater than 30 days of the date of such decision.
(Prior Code, § 4-1033) (Ord. passed 9-11-1997)