12.2.2 Other Forms of Access

No building shall be erected or enlarged on a parcel in any district unless such parcel abuts upon or has access to a publicly accepted and maintained street, except in the following circumstances.

Private streets or roads 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.

a. For up to six single-family detached or duplex lots. Lots permanently protected as open space, on which no development rights remain, shall not be counted in determining the number of lots on a private street;

b. For multifamily developments or multifamily areas of development;

c. If shown on an approved development plan as private streets;

d. Within Conservation Subdivisions designed and established pursuant to paragraph 6.2.4, Conservation Subdivision; or

e. (County only) For single-family subdivisions that meet both of the following conditions:

(1) The private street(s) are within an additional phase to an existing single-family subdivision that already maintain private streets; and

(2) The subdivision as a whole crosses a County line in which the other county allows private streets.

For any nonresidential development in a nonresidential district.

Unless otherwise allowed in this Ordinance, ingress/egress easements not involving construction of a private street shall be permitted in the following circumstances:

Easements shall be allowed for one single-family residence on an existing lot of record as of September 16, 1996. The parcel shall not be further subdivided.

Ingress/egress/regress easements of record that were recorded as of September 16, 1996, can continue to serve as access.

A driveway shall be allowed for vehicular access to multiple parcels or lots:

(1) Within a townhouse or detached rowhouse development or shopping center, even if those parcels or lots are individually owned. Any such driveway within a townhouse or detached rowhouse development shall be located entirely in a common area; or

(2) Within projects utilizing the multiple flags provisions as described in paragraph 6.12.6.

c. Driveways and other ingress/egress easements serving a residential development may extend through a nonresidential zoning and may be used to satisfy access requirements. This is allowed if:

(1) The nonresidential zoning allows for the same type of residential use as the zoning of the residential parcel(s); and

(2) The access drive or easement is not within an existing or proposed vehicle use area.