(A) The specifications for driveway construction set forth herein are intended to regulate access from public and private streets or public and private rights-of-way to the adjoining property.
(B) All driveways lawfully permitted at the time of adoption of this UDO shall be permitted to continue as currently constructed, provided that the existing driveway is defined and/or improved in a manner that permits its location to be determined without question. Any structure or vacant lot existing at the date of adoption of this section and having fewer driveways on the date of adoption of this section than are permitted in accordance with subsection (E) below, may apply for additional driveways to the extent permitted by subsection (E) below and other provisions of this section.
(C) If an existing structure does not have a defined driveway, then driveway locations will be established by the town consistent with the provisions of this section for new structures.
(D) All matters related to driveways shall be decided by the Director of Planning and Parks or his or her designee. Any property owner dissatisfied with a decision of the Director of Planning and Parks or his or her designee may appeal such decision to the Town Manager by delivering written notice of appeal to the Town Manager within 30 days of the decision of the Director of Planning and Parks or his or her designee. The decision of the Town Manager in this matter shall be final.
(E) The following requirements shall apply to the construction of new driveways and the removal and replacement of existing driveways:
(1) Commercial properties, to include properties with combined commercial and residential uses, shall be permitted one driveway not to exceed 26 feet in width and must be compliant with the North Carolina Fire Code. If in the interest of the general public it is deemed necessary to construct a wider driveway entrance for a commercial property, special permission to do so may be granted by the Board of Aldermen. Notwithstanding the foregoing, mixed-use developments approved by the Board of Aldermen pursuant to Section 155.7.6 may be permitted more than one driveway.
(2) Driveways on lots located within a residential district shall be permitted as follows:
(a) A vacant lot may have one driveway not to exceed 12 feet in width including flares.
(b) A single family residence may have one driveway not to exceed 24 feet in width including flares or two driveways not to exceed 12 feet each in width including flares. Notwithstanding the foregoing, a single family residence located on a lot that is a combination or recombination of two or more contiguous lots having frontage on two public rights-of-way with frontage on one of the rights-of-way equal to or exceeding 100 linear feet may have three 12-foot driveways, two on one public right-of-way and one on the remaining public right-of-way, provided said driveways do not adversely impact paid on-street parking adjacent to said lot.
(c) A duplex may have one driveway not to exceed 30 feet in width including flares or two driveways not to exceed 15 feet each in width including flares.
(d) In the event driveways are separated, they shall be separated by at least 16 feet of space. The use of an expansion joint no greater than two inches in width shall not be considered separation of a driveway. Provided that on any lot having a width adjoining a street right-of- way of less than 55 feet, driveways shall be separated by at least eight feet of space.
(e) A single family dwelling on a conforming lot with a minimum front width of 100 feet may have two driveways not to exceed 18 feet in width each, excluding maximum two-foot flare outs at their connection with the adjacent paving of the street in front of the dwelling, providing there is compliance with the following conditions:
1) The distance from the exterior flare outs at their connection with the adjacent paving of the street in front of the dwelling to the adjacent property lines shall be no less than 15 feet of space;
2) The distance between the interior flare outs at their connection with the adjacent paving of the street in front of the dwelling shall be no less than 16 feet of space; and
3) The public street at the location of the dwelling is not designated for public parking along the said street adjacent to the property line of the dwelling.
(3) Driveways shall not encroach into the required setback for the lot in question. Provided that driveways may encroach into the required side yard setback for lots if the following conditions are met:
(a) The driveway existed at the time of adoption of this subsection (which date is March 10, 2022) and encroached into a required setback; the driveway was legally permitted by the town at the time it was constructed; and the following conditions are satisfied:
1) Any part of the driveway encroaching into the required side yard setback that is repaired or replaced must be constructed of pervious materials;
2) Such repair or replacement shall not create new nonconformities or increase encroachments into the required setbacks;
3) Any part of the driveway that is located within the town's right- of-way that is repaired or replaced shall comply with the provisions of subsection (E) above; and
4) All other provisions of this chapter are complied with.
(b) For lots on which structures exist that have been determined to be pre-FIRM (as defined in Exhibit A, Definitions) and the following conditions are satisfied:
1) The driveway encroaching into the required side yard setback must be constructed of pervious materials;
2) The total width of driveways, to include driveways encroaching into the side yard setback as permitted by this subsection, may not exceed the permitted width of driveways as set forth in this subsection (E).
3) No driveway may encroach into a required side yard setback without the prior written consent of the Board of Aldermen if the creation of such driveway causes a metered on-street parking space to be eliminated; and
4) The removal and replacement of a driveway that was legally permitted prior to November 18, 2012 can occur if:
a) The lot is a legally conforming lot.
b) The replacement of the driveway is in the same location and same size as it previously existed or if the driveway is enlarged or changed in any way thos changes would have to meet the provisions of this Code.
c) The width of the driveway shall not exceed 40 feet; and
5) All other provisions of this section are complied with.
(F) If a structure has a driveway at the time of adoption of this section that does not comply with the provisions of subsection (E) above, and such structure is subsequently repaired, reconstructed, improved, or added to in such a manner as to meet the definition of "substantial improvement" as set forth in Exhibit A, Definitions, the owner of such structure shall be required to bring the driveways into compliance with the provisions of subsection (E) above.
(G) All driveway entrance construction shall be of 3,000 pound per square inch, monolithic concrete, having a depth of not less than six inches throughout and shall be given a float finish to assure an even surface having suitable roughness. All driveway entrances and sidewalk surfaces shall be screened and given a float finish to assure an even surface having suitable roughness. Driveway entrances shall conform to the contour of the street pavement, making provision for drainage flows and gutter continuity, and shall rise not less than six inches above the gutter at the point at which the driveway reaches the property lines in order to assure containment of drainage flows and proper runoff. Expansion joints shall be placed at edges of driveways where sidewalks abut, and in aprons not less than 24 feet apart.
(H) Where existing driveway entrances do not conform to these regulations and constitute a hazard, obstruct drainage, or are in a dangerous state of repair, and the owner is instructed by the Board of Aldermen to repair said driveway entrance, or adjacent curbs and sidewalks as provided in this section, the owner shall submit a drawing showing the proposed new driveway to be placed in accordance with the Ordinance and these regulations.
(I) Where streets are widened or curb and gutter sections are placed after driveways are installed, the owner of the property adjacent to the street where such improvements take place shall be assessed all costs of modification of said existing driveways in order to conform to the street improvements in accordance with the provisions of Article V of the Charter of the Town of Wrightsville Beach.
(J) All requests for a zoning permit to construct driveways shall be accompanied by a sketch showing the location of the property involved, the frontage concerned, and the location of any structures on the property. The inclusions of this information on site plans for building permits for new construction will be acceptable for the purpose of driveway permit issue.
(K) The street area immediately adjacent to a permitted driveway as described in this section shall be painted and/or marked so as to indicate that no-parking is permitted within the street right-of-way immediately adjacent to the permitted driveway. Parking shall be permitted on all other areas of the street except those portions of such street otherwise designated as no parking areas by this Unified Development Ordinance or action of the Board of Aldermen. Provided, that should the designation of no parking areas adjacent to permitted driveways as described herein result in permitted parking areas of a length of less than 15 feet, such area shall be designated as a no parking area.
(L) It shall be unlawful for any person except authorized employees of the town to paint, mark or otherwise designate no parking areas on a public street. Any person violating the provision of this section shall be subject to the penalties set forth in subsection 155.1.12.9.
(Ord. 1695, passed 11-8-12; Am. Ord. 1700, passed 2-14-13; Am. Ord. 1753, passed 12-10-15; Am. Ord. 1793, passed 1-15-20; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1855, passed 1-11-24)