For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BUILDING SETBACK LINE.” A line parallel to the front property line in front of which no structure shall be erected.
“COUNCIL.” The City Council of the city.
“DOUBLE-FRONTAGE LOT.” A continuous (through) lot of the same depth as the width of a block, containing two tiers of lots, and which is accessible from both of the streets on which it fronts.
“EASEMENT.” A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
“EXTRATERRITORIAL JURISDICTION.” The land, if any, as shown on the official zoning map in the Inspector's office, as approved by joint action of the City Council and the Stanly County Board of Commissioners.
“GROUP DEVELOPMENT.” A development comprising two buildings such as a group of apartments, and the land is not subdivided into the customary streets and lots.
“LOT.” A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word “LOT” includes the word “plot” or “parcel.”
“OFFICIAL MAPS OR PLANS.” Any maps or plans officially adopted by the Council as a guide for the development of the city and surrounding area.
“PLANNING BOARD.” The planning board of the city.
“SHALL.” The word “SHALL” is always mandatory and not merely directory.
“SINGLE-TIER LOT.” A lot which backs on a limited- access highway, a railroad, a physical barrier, or nonresidential use and to which access from the rear of the lot is usually prohibited.
“STREET.” A dedicated and accepted public right-of-way for vehicular and pedestrian circulation.
(1) “ARTERIAL.” A traffic artery designed primarily to carry heavy volumes of local vehicular traffic.
(2) “COLLECTOR STREET.” A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets.
(3) “CUL-DE-SAC.” A street intersecting another street at one end and permanently terminated by a vehicular turn- around at the other.
(4) “EXPRESSWAY.” A traffic artery designed primarily to carry heavy volumes of through vehicular traffic at high speeds, with access only from another street and not from abutting properties.
(5) “LOCAL AND MINOR STREET.” A street, the principal purpose of which is to provide vehicular access to the properties abutting it.
(6) “MARGINAL ACCESS STREET.” A local or minor (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets.
“SUBDIVIDER.” Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
“SUBDIVISION.” Includes all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, including when any one or more of those divisions are created for the purpose, whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets. “Exempt Subdivisions”, as defined in this section, shall not be included within this definition, nor be subject to the regulations prescribed by this chapter, except as necessary for ensuring city standards and proper recording requirements for land records are met.
“SUBDIVISION ADMINISTRATOR.” Shall be the Director of the Planning and Development Services Department or other city employee designated by the Director responsible for overseeing the application, review and subsequent approval or denial of all subdivisions of land and formal changes to parcels of land occurring in the jurisdiction of the city.
“SUBDIVISION (EXEMPT).” Includes all state-exempt combinations, recombinations, divisions, and public acquisitions of land, as defined in this section and in accordance with all applicable state statutes. Where conflicts arise in future definitions, the state statute shall be enforced. The following shall be considered to be exempt:
(1) The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as required by this chapter. This shall include the common adjustment of lot lines when properly surveyed and recorded.
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
(4) The division of a tract of land in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the city, as required by this chapter.
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
“SUBDIVISION (MAJOR).” Intended to allow for the common subdivision of a parcel(s) of land for the eventual use, sale, improvement and/or development of the parcel. This shall include all subdivisions requiring dedication of public right-of-way and/or public amenities, and includes all divisions of property or other changes to parcel lines not defined as either “exempt” or “minor” subdivisions.
“SUBDIVISION (MINOR).” Intended to allow for the practical and efficient division of family estates and other small-scale, residential property distribution and sales, as well as commercial transactions, where none of the aforementioned require significant dedication to or investment from the city. This shall include the division of a tract or tracts of land of any size into not more than ten total parcels, both original and new parcels, with the following conditions:
(1) All resultant lots shall meet or exceed all other standards of the city and requirements of this chapter.
(2) All lots shall have adequate frontage along an existing street and/or right-of-way, and no lots shall require dedication of street rights-of-way to the city.
(3) For a period of not less than one year, there shall be no additional minor subdivisions of land on the resultant parcels, nor any parcels under the ownership of the subdivider, their partners, affiliates or any other party with a demonstrated shared financial interest at any point in the one-year period when the parcels are located closer than 1,000 feet to the closest point of any of the resultant parcels. Nothing in this section shall prevent the designation of and subsequent subdivision of any of the aforementioned properties as major subdivisions.
(‘58 Code, § 14-3) (Am. Ord. 06-09, passed 4-3- 06; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21 Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)