Unified Development Ordinance

Sec. 8.3.5. Site Access

Sec. 8.3.5. Site Access aaron.sheppard… Tue, 05/23/2023 - 13:09
  1. General Access Requirements
    1. All existing and proposed development must provide vehicular, pedestrian and bicycle ingress and egress to and from a street or an abutting site.
    2. All on-site parking areas must have vehicular access from a street, an alley, a drive aisle or a cross-access easement.
    3. All on-site parking areas must be designed to allow vehicles to enter and exit the parking area in a forward motion, unless otherwise approved by the Development Services Director. An improved alley may be used as maneuvering space for access to on-site parking areas.
    4. The requirements of Sec. 8.3.4.C. shall apply to site plans submitted in accordance with Sec. 10.2.8
  2. Pedestrian Access
    1. All existing and proposed development must provide ADA compliant pedestrian access connecting main entrances of buildings, establishments or uses on a site that allows for public access, with all other public entrances and with available access points including parking, streets, sidewalks and transit stops with the exception of the following uses which are exempt:
      1. Single- or two-unit living;
      2. Multi-unit living with 6 or fewer dwelling units;
      3. Agricultural use;
      4. Parks, open space and greenways;
      5. Cemetery;
      6. Telecommunication tower;
      7. Off-premise sign;
      8. Minor utilities;
      9. Prisons; and
      10. Other uses not containing a principal building on the premise (with the exception of a parking facility).
    2. Pedestrian access shall consist of an accessible, easily-discernible and ADA compliant walkway or multi-use path with a minimum width of 5 feet.
    3. The pedestrian access surface located on private property shall be constructed of concrete, asphalt or other ADA approved fixed, firm and nonslip material as approved by the Development Services Director.
    4. Pedestrian access routes between buildings and public rights-of-way shall be physically separated from vehicular surface areas, except where required to cross a drive aisle; such crossings shall be perpendicular wherever practicable.
    5. Site plans containing multiple principal buildings shall submit a phasing plan. The phasing plan shall include all necessary elements to address phasing of walkway construction for the existing principal buildings and uses on the site as new buildings and building expansion occurs in the future.
  3. Driveways
    1. All Driveways
      1. All driveway design and construction must comply with the Raleigh Street Design Manual, or the Fire Code when conflict exists.
      2. Driveway dimensions measured at the street right-of-way shall be in accordance with the following table:
          Width (min) Width (max) Radius (max)
        Residential on a local street, up to 6 off-street parking spaces 10' 18' 10'
        Residential 7+ off-street parking spaces (one way) 12' 16' 10'
        Residential 7+ off-street parking spaces (two-way) 20' 24' 10'
        Mixed Use/Commercial (one-way) 12' 18' 12'
        Mixed Use/Commercial (two-way) 20' 32' 15'
        Industrial/Service 30' 40' 30'
      3. Wider driveways shall be allowed where:
        1. required by the turning radii of vehicles accessing the site or to accommodate existing topography as certified by a licensed design or engineering professional; or
        2. a traffic report certified by a licensed design or engineering professional indicates the need for a wider driveway.
      4. Nothing in this section shall prevent all site access to any property.
    2.  Driveways for Residential Uses
      Residential driveway spacing standards are only applicable to driveways serving a maximum of two dwelling units. All other development types are subject to Nonresidential standards. Unless modified by a zoning condition
      contained in an adopted conditional zoning ordinance or a design alternate authorized in this UDO, the regulations in subsection C.2 shall apply.
      1. When an improved alley with a width of at least 20 feet is provided, all vehicular access shall take place from the alley. Access may be taken from the side street on corner lots.
      2. Except for townhouse lots, tiny house lots and flag lots (including their residual lots), all lots 40 feet or less in width platted after the effective date of this UDO are required to take vehicular access from an alley or a driveway shared with another lot.
      3. No residential lot may have more than 2 driveways on the same street. Multiple driveways that service 1 lot may be no closer than 40 feet to each other.
      4. Non-alley loaded driveways may intersect a street no closer than 20 feet from the intersection of 2 street rights-of-way.
      5. Parking and driveway areas shall not constitute more than 40% of the area between the front building line and the front property line with the exception of lots used for Tiny Houses (including Flag Lots).
      6. A driveway serving a tiny house lot or flag lot (including their residual lots) shall either be shared with another lot or meet the minimum spacing requirements as specified in the Raleigh Street Design Manual.
    3. Driveways for Mixed Use and Nonresidential Uses
      Unless modified by a zoning condition contained in an adopted conditional zoning ordinance or a design alternate authorized in this UDO, the regulations in subsection C.3 shall apply.
      1. If on-site parking areas can be accessed from an improved alley with a right-of-way of at least 24 feet in width, access from the alley is required and new curb cuts along the public right-of-way are not allowed.
      2. Driveways are allowed based on the property frontage of any street. Additional driveways require approval from the Development Services Director.
      3. Driveways accessing up to 80-foot wide street rights-of-way must be spaced 200 feet apart centerline to centerline and driveways accessing more than an 80-foot wide street right-of-way must be spaced 300 feet apart centerline to centerline.
      4. A driveway serving any non-residential use or multi-unit living shall not be permitted to access neighborhood yield or neighborhood local streets unless the proposed access point is the lesser of 300’ from an avenue, boulevard or parkway, or the intersection of another public street.
      5. Offers of cross-access shall be prohibited where a proposed non residential use or multi-unit living may potentially obtain access from a neighborhood or residential street, unless the resulting access meets the
        provisions of subsection d above.
      6. Driveways may intersect a street no closer than 50 feet from the intersection of two street rights-of-way, not including an alley.
      7. Service and loading driveways integrated into a building or parking structure are exempt from the driveway spacing requirements. Parking structure driveways for passenger vehicle ingress/egress are subject to spacing requirements consistent with Raleigh Street Design Manual -Chapter 3, shown on each street cross-section.
  4. Cross-Access
    All lots abutting a street other than a local street shall comply with the following standards:
    1. Internal vehicular circulation areas shall be designed and installed to allow for cross-access between abutting lots.
    2. When an abutting owner refuses in writing to allow construction of the internal vehicular circulation on their property, a stub for future cross-access shall be provided as close as possible to the common property line.
    3. Rights of vehicular and pedestrian access shall be granted to all abutting properties contemporaneously with the recording of the final subdivision plat or prior to issuance of a building permit for an approved site plan,
      whichever event first occurs on the property after September 1, 2013. This right of cross-access shall be recorded by plat in the register of deeds office in the county where the property is located. By the end of the next business
      day following the recordation, the applicant shall provide to Development Services evidence of recordation of the cross-access agreement. No building permit will be issued until evidence of recordation of the cross-access
      agreement is provided to the City.
    4. The content of the cross-access agreement required by the City shall be as follows:
      1.  Pedestrian and vehicular access is granted to all properties on the same block face as the property owner establishing the cross-access. The owner may make the pedestrian and vehicular access contingent upon
        the granting of reciprocal vehicular and pedestrian access right to the granting property.
      2. The location of the pedestrian and vehicular access is described as over all sidewalks, vehicular drives and driveways located on the property which are designated to be used by the public or by specific metes and bounds.
      3. The beneficiaries granted access rights include the lot owners, their successors, heirs and assigns, tenants and subtenants, lenders, employees, customers and guests.
      4. Each lot owner is required to maintain the vehicular and pedestrian access areas on their lot. Maintenance shall include, but not be limited to repair, fixing potholes and repaving.
      5. All lot owners and tenants granted vehicular and pedestrian access rights shall have the right together with their contractors, but not obligation, to maintain all portions of pedestrian vehicular and access ways. If such owners, tenants and their contractors engage in any maintenance activities off their lot, they shall have the right of contribution to be reimbursed for their actual expenses from the defaulting lot owner, provided at least 30 days prior written notice is first provided to the defaulting lot owner.
      6. A temporary construction easement is granted to the abutting lot owner and tenants and their contractors to enter the adjoining property to install connecting internal drives not previously extended to the property line.
      7. A notice provision explaining how and where to send written notice.
      8. A provision prohibiting the erection of fences walls and other obstructions that prevent the use of vehicular and pedestrian access ways.
      9. A statement that the cross access agreement runs with the land and it is binding on all successors, heirs and assigns and that the easement rights are perpetual.
      10. A statement that the cross access agreement is a requirement of the Raleigh City Code and that it may not be terminated or amended without the written consent of the Transportation Director and such amendments and terminations that are in violation of the Raleigh City Code are void ab initio.
      11. The cross access agreement shall be signed by all of owners of the granting property.
      12. All lenders and their trustees with interests in the granting property shall subordinate their security interests to the cross access agreement.
      13. The cross access agreement must be certified by an attorney licensed to practice law in the State of North Carolina, confirming compliance with all of all provisions of Sec. 8.3.5.D.
    5.  Cross-access requirements described in Sec. 8.3.5.D. shall not apply when one or more of the following conditions are met:
      1. The abutting property (to which a driveway is to be stubbed) is in a residential zoning district (except for R-10) or occupied by an Attached, Detached or Townhouse building type.
      2. The creation (on the property to be developed) or continuation (on an adjacent property) of any cross access driveway or driveway stub would be obstructed by any of the following:
        1. existing improvements where the value of such improvements is more than the land value of the parcel on which the improvements are located;
        2. railroad, or controlled access highway;
        3. steep slopes in excess of 25% within 10 feet of the property line,
        4. watercourse that has one (1) square mile of drainage area or more; or
          1. previously established tree conservation area, open space or public park.
      3.  The property to be developed or the adjacent property to which any cross access driveway or driveway stub would be continued contains one or more of the following land uses: historic landmark, cemetery, landfill, hospital, school (public or private (k-12)), college, community college, university, places of worship, police station, fire station, EMS station or prison.
  5. Greenway Connections 

    Sites containing or adjacent to a property containing existing greenway trails must provide at least one pedestrian access connection from the internal pedestrian network, vehicle parking area, or driveway to the existing greenway trail, except in situations listed in subsection 5 below. 

    1. Pedestrian access connections are required based on the length that the site parallels the greenway: 

      1. 1’-1,320’: One connection

      2. 1,320’-2,640’: Two connections, plus one additional connection for each additional 1,320’ 

    2. Pedestrian access connections shall conform to City of Raleigh greenway standard design details. The pedestrian access surface shall be constructed of concrete, asphalt or other fixed, firm and nonslip material as approved by the Development Services Director. Connections must be ADA compliant unless impractical due to the existence of slopes in excess of 25% within 10 feet of the property line. 

    3. If the greenway trail is not on the subject property, an access stub to the property on which the greenway trail is located shall be provided if requested by the City of Raleigh. 

    4. The area used for the pedestrian access connection may count toward Outdoor Amenity Area requirements, if any. 

    5. No connections are required in the following cases: 

      1. In the R-1, R-2, Heavy Industrial, and Agriculture Productive zoning districts.

      2. For a site in a Residential (R-) district that is smaller than two acres or where density is below four units per acre.

      3. For a site in district other than a Residential (R-) district that is smaller than a half acre or where the primary use is in the Industrial use category. 

      4. If the connection would require crossing a USGS blueline stream.