(A) Any person desiring to construct a driveway or other connection within the right-of-way of a public street must secure a permit prior to construction. Connections from single-family and duplex dwellings are excluded unless access is required to a thoroughfare as identified on the Thoroughfare Plan. Failure to secure a permit prior to construction may result in the removal of the driveways at the expense of the property owner and/or denial of access at that location. All driveways must conform to the design and construction standards established by the town or NCDOT, whichever is more restrictive. Driveways that connect to thoroughfares must also comply with the following requirements of divisions (B) through (G) below.
(B) All lots or parcels are entitled to at least one driveway connection per street frontage on any street except those which access is otherwise limited or controlled. Requests for two driveways will only be accepted for lots with a street frontage of 350 feet or more. Request for three driveways will be considered for tracts with 600 feet or more street frontage. Artificial division of a single parcel or development to increase the number of access points is not permitted.
(C) No driveway shall be located within 200 feet of the right-of-way of an existing street intersection. Applicants may seek a variance from the Board of Adjustments.
(D) The town may require a traffic study for any proposed driveway to be designed to accommodate both current conditions and traffic projections for ten years into the future. In any case, the location of the proposed driveway cannot interfere with the daily function of the intersection(s).
(E) Nothing in this section exempts any person from complying with any regulation(s) or requirement(s) of the State Department of Transportation regarding driveway connections to NCDOT maintained roads, nor does compliance with any or all of NCDOT's requirements exempt any person from the requirements of this subchapter. In the case where these regulations may overlap or conflict, the more restrictive provision will control. The granting of a driveway permit by the town does not insure the granting of a permit by NCDOT. The requirements in this section apply to all zoning districts.
(F) Existing driveways shall not be altered within the right-of-way without a permit. The maintenance of all driveways located on or within the public right-of-way shall be the responsibility of the property owner.
(G) When the use of the property is to be changed or altered, a new driveway permit must be obtained prior to a land use change.
(Ord. passed 4-3-2000; Am. Ord. passed 1-11-2010)