Zoneomics Logo
search icon

Brevard City Zoning Code

CHAPTER 9

CIRCULATION AND CONNECTIVITY

9.1. Purpose and intent.

This ordinance encourages the development of a network of interconnecting streets that work to disperse traffic while connecting and integrating neighborhoods with the existing urban fabric of the city. Equally as important, the ordinance encourages the development of a network of sidewalks and bicycle lanes that provide an attractive and safe mode of travel for pedestrians and cyclists.

It is the intent of this ordinance to build streets that are integral components of community design. Streets shall be detailed to compliment neighborhoods and commercial centers and shall be pedestrian in scale. In addition to these standards, streets shall conform to the provisions of CHAPTER 11. Streets are encouraged to be designed with on-street parking.

Effective on: 1/1/1901

9.2. Reserved.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

9.3. Access management.

Access management standards that regulate the connection of new driveways to the street system shall be as follows. NCDOT must approve the design and location for the connection of new driveways when located on state-maintained roadways.

  1. A.
    New driveways, on public streets with curbing, shall be limited in accordance with the following standards:
TABLE 9.3A: DRIVEWAY SEPARATION DISTANCES
Posted Speed Limit
(mph)
Minimum Distance Between DrivewaysMinimum Distance Between Driveways and Intersections*
1520 feet40 feet
2040 feet80 feet
25 to 3560 feet120 feet
40120 feet240 feet
45140 feet280 feet
50160 feet320 feet
55180 feet360 feet
Note: Access separation between driveways shall be measured from inside edge of curb cuts. Access separation between a driveways and intersecting streets shall be measured from the nearest inside edge of the driveway curb cut to the intersecting right-of-way lines.
TABLE 9.3A: DRIVEWAY SEPARATION DISTANCES
Posted Speed Limit
(mph)
Minimum Distance Between DrivewaysMinimum Distance Between Driveways and Intersections*
1520 feet40 feet
2040 feet80 feet
25 to 3560 feet120 feet
40120 feet240 feet
45140 feet280 feet
50160 feet320 feet
55180 feet360 feet
Note: Access separation between driveways shall be measured from inside edge of curb cuts. Access separation between a driveways and intersecting streets shall be measured from the nearest inside edge of the driveway curb cut to the intersecting right-of-way lines.
TABLE 9.3A: DRIVEWAY SEPARATION DISTANCES
Posted Speed Limit
(mph)
Minimum Distance Between DrivewaysMinimum Distance Between Driveways and Intersections*
1520 feet40 feet
2040 feet80 feet
25 to 3560 feet120 feet
40120 feet240 feet
45140 feet280 feet
50160 feet320 feet
55180 feet360 feet
Note: Access separation between driveways shall be measured from inside edge of curb cuts. Access separation between a driveways and intersecting streets shall be measured from the nearest inside edge of the driveway curb cut to the intersecting right-of-way lines.
TABLE 9.3A: DRIVEWAY SEPARATION DISTANCES
Posted Speed Limit
(mph)
Minimum Distance Between DrivewaysMinimum Distance Between Driveways and Intersections*
1520 feet40 feet
2040 feet80 feet
25 to 3560 feet120 feet
40120 feet240 feet
45140 feet280 feet
50160 feet320 feet
55180 feet360 feet
Note: Access separation between driveways shall be measured from inside edge of curb cuts. Access separation between a driveways and intersecting streets shall be measured from the nearest inside edge of the driveway curb cut to the intersecting right-of-way lines.
  1. B.
    Shared Private Drives: Whenever feasible in the interests of access management the administrator shall encourage the establishment of shared private drives and entrances with adjacent properties, and may require that driveways and entrances be situated along property lines. The approving authority may require the establishment of access easements along property lines to be reserved for future use by adjacent properties as part of any development.
    1. 1.
      Capacity – No more than 3 properties or 6 dwelling units shall use the same driveway. At all times, the shared private drive shall be maintained in a good, safe and usable condition, in good repair, and in compliance with all applicable state, county and local ordinances.
    2. 2.
      Easement – The minimum width of the easement for shared private drives shall be 30 feet.
    3. 3.
      Minimum Design and Construction – The minimum design and construction standards which apply to a public street (Section 13.5) shall apply to a shared private drive except that:
      1. a.
        All shared private drives are to be paved to City standards with a minimum width of 20 feet.
      2. b.
        Street names shall not be allowed for shared private drives. The properties with ingress and egress on the shared private drive are required to have an address on the abutting public street.
      3. c.
        Pedestrian and bicycle infrastructure shall not be required, but it is encouraged. This also includes multi-use paths and other similar types of infrastructure.
    1. 3.
      Plats - All shared private drives must be shown as such on all affected plats.
    2. 4.
      Through Streets - Through streets connecting 2 public streets may not be designated as a shared private drive.
    3. 5.
      Connections to Public Streets - All shared private drives connecting with public streets require approved driveway applications from the city (or NCDOT, if applicable).
  2. C.
    Additional private access, when all frontage requirements are met: The administrator may permit the establishment of additional private rights-of-way or access easements to properties that otherwise conform to public street frontage requirements of this ordinance. 
  3. D.
    Additional provisions:
    1. 1.
      The administrator shall require the closure of any nonconforming driveway or curb cut as a condition of approval of any land development application.
    2. 2.
      Single-family, duplex, and secondary dwellings on existing lots of record and new infill development lots on roads 35 mph and under shall be exempt from the "Minimum distance between driveways" standards for the first driveway, but shall meet minimum separation requirements for additional driveways. Additionally, driveway separation distances on new dead-end streets posted 30 mph and under and with no on-street parking may also be exempted by the administrator. Further modification of these requirements shall be considered by the board of adjustment.
    3. 3.
      Parking lots with a one-way drive aisle that are required to have at least two driveways in accordance with Section 10.8 may be exempt from the "minimum distance between driveways" standards. The exemption may be granted by the administrator for local and private roads and by NCDOT for state roads.
    4. 4.
      The board of adjustment may modify these requirements only after the following are satisfactorily provided by an applicant:
      1. a.
        A transportation assessment performed by an certified professional licensed in the State of North Carolina containing sufficient detail to demonstrate that the modification request does not adversely impact public safety or traffic operation; and
      2. b.
        Evidence that the modification request represents the minimum necessary to address existing site constraints or to improve site circulation stemming from urban infill and/or redevelopment.

(Ord. No. 3-07, §§ 7, 8, 2-5-07; Ord. No. 15-08, § 27, 12-5-08; Ord. No. 2014-25, § 03(Exh. C), 12-15-14; Ord. No. 2018-26, § 1(Att. A), 9-17-18; Ord. No. 2021-45 , § 1(Exh. A), 10-18-21; Ord. No. 2022-69; Ord. No. 2023-53, § 1(Exh. A), 11-6-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-46, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

9.4. Traffic impact studies (TIS).

The TIS is a specialized study that evaluates the effects of a development's traffic on the surrounding transportation infrastructure. It is an essential part of the development review process to assist developers and government agencies in making land use decisions involving annexations, rezonings, special land uses, and other development reviews. The TIS helps identify where the development may have a significant impact on safety, traffic and transportation operations, and provides a means for the developer and government agencies to mitigate these impacts. Ultimately, the TIS can be used to evaluate if the scale of development is appropriate for a particular site and what improvements may be necessary, on and off the site, to provide safe and efficient access and traffic flow.

  1. A.
    A TIS may be required for a rezoning, conditional zoning district, group development, special use permit, or any other proposed development with an estimated trip generation of 2,000 vehicles per day or greater during an average weekday based on a five day national average as defined in the ITE Trip Generation Manual.

    Trip Generation: The sum of the number of inbound and outbound vehicle trips that are expected for the type and size of the proposed land use. For purposes of determining the requirement to submit a TIS, no adjustments such as modal split, pass-by trips, and internal capture rates will be allowed to the site traffic calculation.

    Note: Typically the following developments meet or exceed the 2,000 vehicles per day threshold:

    • 50,000 sf Retail.
    • 200 Single family homes.
    • 150,000 sf Office.
    • 250,000 sf Industrial.
    • 300 room Hotel.
  2. B.
    A traffic impact analysis report shall address the impact of projected horizon year(s) traffic volumes. It shall identify the methodology used to evaluate the impact. The weekday peak hour impact shall be evaluated as well as the Saturday peak hour for those uses exhibiting high levels of weekend traffic generation.
  3. C.
    Based on the findings of the analysis, if a proposed development does not meet the applicable service level standards, the applicant shall be required to upgrade the facilities in accordance with the adopted level of service program. Mitigation measures may involve strategies other than roadway construction or other physical improvements such as changes to traffic signal timing or phasing, and transportation management strategies.
  4. D.
    A TIS will vary in range and complexity depending on the type and size of the proposed development. When mutually agreed by the city the requirements as described in Section 17.12 may be modified. The need for a TIS may be waived by the administrator.

(Ord. No. 15-08, § 28, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

9.5. Visibility at street intersections and driveways; sight triangle.

  • A.
    On corner lots in all districts, no planting shall be placed or maintained and no closed fence, building, wall or other structure shall be constructed if such planting or structure thereby obstructs vision at any point between a height of two-and-a-half and ten feet above the upper face of the nearest curb (or street centerline if no curb exists) and within the sight triangle area bounded on two sides by the two street right-of-way lines and on the third side by a straight line connecting points on the street right-of-way lines measured as follows:
    1. 1.
      On streets having a right-of-way width of 50 feet or less, a point located 20 feet from the intersection of the right-of-way lines.
    2. 2.
      On streets having a right-of-way width of more than 50 feet, a point located 30 feet from the intersection of the right-of-way lines.
  •  FIGURE 9.5-A: SIGHT TRIANGLES AT RIGHT-OF-WAY INTERSECTIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-A: SIGHT TRIANGLES AT RIGHT-OF-WAY INTERSECTIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-A: SIGHT TRIANGLES AT RIGHT-OF-WAY INTERSECTIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-A: SIGHT TRIANGLES AT RIGHT-OF-WAY INTERSECTIONS
    Sight Triangles at Street Intersections and Driveways
    1. B.
      At the intersection of any private drive, entrance or exit with a public street, no closed fence, wall, hedge, or other planting or sign forming a material impediment to visibility over a height of two-and-a-half feet shall be erected, planted, placed or maintained within the sight triangle area bounded by the street right-of-way, the edge of the private driveway, and a straight line connecting points ten feet from the intersection of the right-of-way and driveway.
     FIGURE 9.5-B: OTHER SIGHT TRIANGLE DIMENSIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-B: OTHER SIGHT TRIANGLE DIMENSIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-B: OTHER SIGHT TRIANGLE DIMENSIONS
    Sight Triangles at Street Intersections and Driveways
     FIGURE 9.5-B: OTHER SIGHT TRIANGLE DIMENSIONS
    Sight Triangles at Street Intersections and Driveways
    1. C.
      Required sight distances for driveway connections along state-maintained roadways shall be approved by NCDOT. Where the NCDOT Driveway Manual conflicts with these standards, the stricter of the two standards shall prevail.

    (Ord. No. 2021-30 , § 1(Exh. A), 6-21-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

    Effective on: 6/3/2024