Land Development Ordinance - Amended 11-19-2024

(1) Public Streets . Public streets constructed perpendicular to the width of the buffer may be permitted where such construction is necessary for safe and reasonable ingress or egress to property. The location and size of the public street shall be identified on the site plan or preliminary subdivision plat or phased development plan at the time of review by the Town and in accordance with the Town’s Standard Specifications & Construction Details. (2) Public Utilities . Notwithstanding any other restrictions or provisions herein the Town of Fuquay-Varina shall be permitted to obtain public utility easements and perform construction of public utilities parallel or otherwise through or within the buffer and within such easements as required or necessary. The public utility easement may count towards the buffer requirement. (3) Driveways . Driveways may cross a buffer for nonresidential, multi-family and mixed-use developments based on approved plans by the Town and/or the North Carolina Department of Transportation, and in accordance with this Article. Residential driveways for a subdivision are prohibited from crossing a buffer, except as approved on a preliminary subdivision plat. An exception may be considered by the Planning Department as part of a site plan or preliminary subdivision plat review and approval. There shall be extenuating circumstances that will prohibit the ability to obtain reasonable and safe ingress and egress to a public right-of-way as follows:

A. Existing Development . The lot or parcel of land is isolated from other properties to obtain access because of existing surrounding development.

B. Environmental Constraints . The lot or parcel of land is isolated because of environmental constraints that would prevent alternative access.

C. Larger Subdivision Plat . The lot or parcel of land is not part of a larger subdivision plat.

§9-1713 LANDSCAPING FOR ADJACENT USES & STREETS

All site plans, preliminary subdivision plats and phased development plans, except in the Downtown Center-1 and Downtown Center-2 Districts, Residential Mixed-Use (RMU), Commercial Mixed-Use (CMU), and Employment Mixed-Use (EMU) Form-Based Zoning Districts, shall provide a landscaped buffer type transition between different uses, which have separate standards for landscaping and buffers. All accessory uses are subject to the buffer requirements of the primary use with which they are associated.

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