(a)

Intent. The intent of the Zoning Ordinance, in regulating access management, streets, and sidewalks, is to:

(1)

Lessen congestion, preserve highway capacity, reduce vehicular accidents, reduce storm water runoff, reduce dependence on US 64 by connecting side streets where possible, integrate the various parts of the town through improved traffic management and pedestrian improvements, utilize traffic-calming techniques and devices for the safety of the traveling public, enhance way-finding for visitors to historic and cultural sites, create a sense of arrival at the major gateways to the town, coordinate transportation solutions with overlapping jurisdictions, promote health and safety through well-planned emergency access and evacuation routes, and facilitate adequate transportation on both land and water, so as to provide for reasonable expansion and orderly growth without sacrificing pedestrian scale and orientation to the surrounding water.

(2)

Access management includes but is not limited to the control of curb cuts and street connections in order to manage traffic flow and safety, preserve the carrying capacity of the road, and implement coordinated land use and transportation plans. By combining access points and sharing parking, businesses along a busy highway are able to reduce congestion and delays for customers entering and leaving their properties. Where access management has reduced the number of curb cuts and maintained good separation distances between driveways, there are fewer conflicts between pedestrians and vehicles and safer traffic flow results.

(b)

Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the companion documents in the Comprehensive Development Code, including the Westside Master Plan, shall be used as a guide for resolving conflicting points of view.

(c)

Access management shall be coordinated with other permitting agencies, including the Roanoke Voyages Corridor Committee and North Carolina Department of Transportation.

(d)

These regulations are set forth so as to:

(1)

Maintain or enhance the public health, safety, and welfare;

(2)

Maintain or enhance the value of adjacent property or be determined a public necessity;

(3)

Comply with the general intent of the respective zoning districts for the physical development of the area; and

(4)

Contribute to the traditional village-like atmosphere of the historic town.

(e)

These standards shall comply with all other regulations contained in this ordinance.

(Ord. of 9-14-2005, § 13.1)

The following standards and conditions shall be considered in reviewing a site plan:

(a)

No curb cut shall exceed 24 feet in width at the property line or 36 feet in width at the apron adjacent to the highway pavement. Exceptions may be considered under the following conditions:

(1)

When the curb cut serves a parking lot with more than 100 approved spaces, a turn-lane curb cut may be approved by the Planning and Zoning Board to improve traffic flow. A turn-lane curb cut consists of two exit lanes that comply with the 24/36 standard curb cut widths and one entrance lane that is separated from the exit lanes by a median not more than 12 feet in width and planted with live oaks along the length of the dividing median. The entrance lane shall not exceed 12 feet in width at the property line or 24 feet at the curb. The entrance and exit lanes shall be painted with directional distances or other markings approved by the zoning administrator.

(2)

A right-in/right-out curb cut may be required by the Planning and Zoning Board to promote traffic safety. A right-in/right-out curb cut consists of two lanes with a maximum width of 12 feet each and separated by a triangle of at least 30 feet in length at the pavement edge. The triangle may not be paved, shall at a minimum be grassed and should be planted with shrubbery with a height of one to two feet and trees with a branching form above eight feet to ensure adequate sight lines for motorists. The entrance and exit lanes shall be painted with directional arrows or other markings approved by the zoning administrator.

(3)

When exceptions the maximum allowed width at the apron adjacent to the highway pavement may not exceed 60 feet.

(b)

No more than one curb cut per lot is allowed. Exceptions may be considered under the following conditions:

(1)

A single property of five acres that fronts on more than one street, providing that there is no more than one curb cut per street and that the traditional grid pattern is being continued.

(c)

If the Planning and Zoning Board determines that a shared access is in the best interest of traffic management, no curb cut is allowed.

(d)

The following standards and conditions shall be considered in reviewing a site plan in zones B-2 and B-3:

(1)

US 64 access requirements. If a property has frontage on US 64, the following regulations shall apply. A property having frontage is defined as one or more contiguous parcels under common ownership on December 1, 2002, which has any frontage contiguous with the right-of-way line of US 64. If any of the contiguous parcels also have frontage on a secondary road that intersects with US 64, the property is deemed to have access to the highway through the secondary road.

a.

To ease traffic flow along US 64, the distance between curb cuts, and between intersections and curb cuts should be at least 400 feet wherever possible.

b.

Properties having frontage on US 64 and no frontage on a secondary road shall be allowed a maximum of one access onto US 64 in a location and of a design determined by the Planning and Zoning Board to provide access to the entire property. These regulations do not permit an access where traffic conditions would prevent the construction of a safe access.

c.

Properties having frontage on US 64 and on a secondary road shall be required to locate all access points on the secondary road except where the Planning and Zoning Board determines that traffic safety conditions make such location impracticable. Such access points shall be located and designed to serve the entire property.

d.

The Planning and Zoning Board may require shared access to adjoining properties and may require sharing that access with future uses.

e.

The Planning and Zoning Board may require that the applicant have a traffic impact study conducted by a qualified consultant.

f.

On lots that front onto two streets, no curb cuts shall be permitted onto the more heavily traveled street. If two or more contiguous lots are in single ownership at the effective date of this ordinance, they shall be treated as an undivided parcel for purposes of this section.

g.

On corner lots, no curb cut shall be located closer than 100 feet from the point of intersection of the established street right-of-way lines.

h.

If a parcel of land adjoins two streets that are not connected, the Planning and Zoning Board may require connectivity between the two streets.

i.

Prior to the issuance of a building permit for new construction or renovations that either a) change the footprint of the building or b) exceed 50 percent of the value of the building in cost, curb cuts not in compliance with this section shall be closed and the site brought into compliance with this section.

(Ord. of 9-14-2005, § 13.2)

On a corner lot which abuts a state or town maintained right-of-way in any district, no plantings, structure, fence, wall, or other obstruction to vision between three feet and eight feet in height shall be placed or maintained within the triangular area formed by the intersecting near edge of the street lines and a straight line connecting points of said street edge lines, each of which is 30 feet distant from the point of intersection. Vertical elements will be allowed so long as no more than five percent of the area between three and eight feet is obstructed on all rights-of-way. Proper setback for vision shall be determined by the Planning and Zoning Board, but in no case shall the requirement exceed that above.

(Ord. of 9-14-2005, § 13.3)

No structure requiring a building permit shall be erected on any lot which does not abut either a public right-of-way or a private street or easement at least 30 feet in width which has been approved by the town commissioners and recorded by the Register of Deeds of Dare County.

(Ord. of 9-14-2005, § 13.4)

The location and width of all proposed roads shall be consistent with the principles stated in the Town of Manteo Plan Update and the adopted design guidelines entitled the Design Guidelines: The Manteo Way of Building. Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the plan shall be used as a guide for resolving the conflicting points of view.

(Ord. of 9-14-2005, § 13.5)

(a)

The street system shall connect to existing streets and stub out to adjoining properties for future connectivity. Internally the streets shall follow a connective grid like pattern with provisions for the natural topography.

(b)

Private streets and alleys which service the rear of properties and parking are permitted and encouraged. If private streets and alleys are used, maintenance provisions for the private streets must be addressed by a homeowners' association.

(c)

Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. A right-of-way shall be dedicated to the town and may not be built upon.

(Ord. of 9-14-2005, § 13.6)

(a)

Right-of-way widths shall be shown on the major road plan and shall not be less than 36 feet.

(b)

On streets with parallel parking, the street shall be no more than 36 feet wide. If on-street parking is not provided, the street surface shall be no more than 22 feet wide.

(Ord. of 9-14-2005, § 13.7)

(a)

Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees. Not more than two streets shall intersect at any one point.

(b)

Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a centerline offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 150 feet.

(c)

Except when no other alternative is practical or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 200 feet measured from centerline to centerline of the intersecting street.

(Ord. of 9-14-2005, § 13.8)

(a)

The intent of this section is to require sidewalks on both sides of all streets. Publicly dedicated sidewalks adjacent to the right-of-way shall not be included in lot coverage calculations.

(b)

The town will require the developer of all commercial sites, mixed uses, or subdivisions within the town's jurisdiction and properties seeking utility extensions through voluntary annexation petitions, to fund the installation of sidewalks in accordance with the requirements of this section as a part of the proposed development.

(c)

Sidewalks will be required on all lots requesting zoning permits in the B-1, B-2, B-3, B-4. Sidewalks will be constructed to a minimum width of four feet, and will consist of a minimum thickness of four inches of exposed aggregate concrete or brick.

(d)

Sidewalks shall be required on both sides of the street.

(e)

Sidewalks will consist of a minimum of six inches of concrete at driveway crossings. Materials to be used for the replacement of existing concrete sidewalks will be exposed aggregate concrete, materials to be used for the construction of new sidewalks will be exposed aggregate concrete or brick (with a concrete base), a provision is added that if an alternative material is desired to be used by a property owner, the town commissioners may consider granting permission to use another material. The applicant will be required to address the town commissioners to make the request at a regularly scheduled meeting.

(Ord. of 9-14-2005, § 13.9)

(a)

Proposed roads which are obviously in alignment with existing roads shall be given the same name.

(b)

Newly created streets shall be:

(1)

Given names that neither duplicate nor are phonetically similar to existing streets within the town's planning jurisdiction, regardless of the use of different suffixes (i.e., Circle, Court, Place, Loop, Street, Avenue, etc.);

(2)

Encouraged to use names associated with Elizabethan England or 16th century Algonquian Indian heritage;

(3)

Given the same name of the street that is being extended; and

(4)

Approved by the Planning and Zoning Board.

(Ord. of 9-14-2005, § 13.10)