Sec. 12.2. Ingress and Egress Requirements

12.2.1. Dedicated and Publicly Maintained Streets

DedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. and publicly maintained streets shall be required for developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in all districts except as described in paragraph 12.2.2A, Private Streets or RoadsClosed See “Street, Public” and “Street, Private.”. An unlimited number of buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits can be issued for land parcelsClosed See “Lot of record.” adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a public street that is not maintained by either the City or NCDOT. However, no occupancy permits shall be issued unless the street has been accepted for maintenance by the City or NCDOT, as appropriate, or the construction has been certified to be acceptable for maintenance by the City or NCDOT, as appropriate, or a surety instrument has been posted in an amount adequate to complete construction to the satisfaction of the City Public Works Director or NCDOT, or appropriate designees. For streets outside the corporate limits, the applicant shall request NCDOT maintenance as soon as the NCDOT occupancy requirement is met; not more than twice the minimum number of units required for maintenance by NCDOT shall be issued Certificates of Occupancy prior to acceptance for maintenance by NCDOT.

12.2.2. Other Forms of Access

No buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be erected or enlarged on a parcelClosed See “Lot of record.” in any district unless such parcelClosed See “Lot of record.” abuts upon or has access to a publicly accepted and maintained street, except in the following circumstances.

A. Private Streets or Roads

Private streets or roadsClosed See “Street, Public” and “Street, Private.” are allowed in the following circumstances. Such streets shall be designed and constructed to meet or exceed public street standards of the City of Durham or NCDOT standards, as applicable. If the City or NCDOT does not conduct the inspection to certify the design and construction of the private street(s), inspection and certification by a third-party engineering firm approved by the City or NCDOT, as applicable, shall be provided.

1. Residential

a. For up to six single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached or duplex lots. Lots permanently protected as open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., on which no developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. rights remain, shall not be counted in determining the number of lots on a private street;

b. For multifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or multifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. areas of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.;

c. If shown on an approved development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. as private streets;

d. Within Conservation SubdivisionsClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. designed and established pursuant to paragraph 6.2.4, Conservation SubdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.; or

e. (County only) For single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. subdivisionsClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that meet both of the following conditions:

(1) The private street(s) are within an additional phase to an existing single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that already maintain private streets; and

(2) The subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. as a whole crosses a County line in which the other county allows private streets.

2. Nonresidential

For any nonresidential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in a nonresidential district.

B. Ingress/Egress/Regress Easements Other than Private Streets

Unless otherwise allowed in this Ordinance, ingress/egress easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. not involving construction of a private street shall be permitted in the following circumstances:

1. Single-Family Residence

EasementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be allowed for one single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residence on an existing lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. as of September 16, 1996. The parcelClosed See “Lot of record.” shall not be further subdivided.

2. Other Instances
a. Ingress/Egress/Regress Easements of Record

Ingress/egress/regress easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. of record that were recorded as of September 16, 1996, can continue to serve as access.

b. Driveways

A drivewayClosed A private roadway located on a parcel or lot used for vehicle access. shall be allowed for vehicular access to multiple parcelsClosed See “Lot of record.” or lots:

(1) Within a townhouseClosed A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or shopping centerClosed A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities., even if those parcelsClosed See “Lot of record.” or lots are individually owned. Any such drivewayClosed A private roadway located on a parcel or lot used for vehicle access. within a townhouseClosed A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be located entirely in a common area; or

(2) Within projects utilizing the Multiple Flags provisions as described in Section 6.12.6.

c. DrivewaysClosed A private roadway located on a parcel or lot used for vehicle access. and other ingress/egress easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. serving a residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. may extend through a non-residential zoning and may be used to satisfy access requirements. This is allowed if:

(1) The non-residential zoning allows for the same type of residential use as the zoning of the residential parcelClosed See “Lot of record.”(s), and

(2) The access drive or easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. is not within an existing or proposed vehicleClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use area.

12.2.3. Acceptance by City of Private Streets

Prior to acceptance by the City, any private street, or any drivewayClosed A private roadway located on a parcel or lot used for vehicle access. allowed for access within a townhouseClosed A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or shopping centerClosed A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities. under paragraph 12.2.2B.2.b. above, that is not constructed and maintained to City or NCDOT street standards shall be improved to City street standards.

12.2.4. External Access Required

A. External motor vehicleClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access to developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be provided as indicated below. In determining the number of access points that shall be required, the cumulative impacts of prior developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on the roadsClosed See “Street, Public” and “Street, Private.” shall be considered.

B.     External Access Requirements for Residential and Other Developments

Table 1: Minimum DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Access Points for Pedestrians and VehiclesClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere.

DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Type and Size

Minimum number of Vehicular Access Points Required

Minimum Number of Pedestrian Access Points Required

Residential Uses

90 Dwellings or Fewer

1

1

91 Dwellings or More

2

2

All Other Uses

Less than 5 Acres

1

1

5 Acres or More

2

2

 

1. Single-Building Apartment Complex Exemption

Standalone apartment complexes which consist of a single buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and independent of the number of dwelling unitsClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., shall require a minimum of one point of vehicular and pedestrian access.

2. External Access Exemption

The requirements for vehicular and pedestrian access points required in 12.2.4 shall not apply to Design Districts, see Sec. 16.4, StreetscapeClosed The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., Right-of-WayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and BlockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings./Lot Standards.