For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING SETBACK LINE (MINIMUM). A line parallel with the property line located no closer than ten feet from the property line and designating an area bordering the property lines in which no building or part thereof shall be placed.
EASEMENT. A strip of land designated by the property owner for a specified purpose and use by the public, a corporation, or others. Easements shall be created either by a written document recorded with the Register of Deeds or by being shown on a plat recorded with the Register of Deeds.
LOT. A portion of a residential subdivision no less than one acre in size, intended as a unit for transfer of ownership or for development or both.
MAJOR RESIDENTIAL SUBDIVISION. Any residential subdivision with eight lots or greater, or requiring the dedication of a public or private road.
MINOR RESIDENTIAL SUBDIVISION. Any residential subdivision with seven or fewer lots and not requiring the dedication of a public or private road or variances. One phase of a phased development cannot be considered a MINOR RESIDENTIAL SUBDIVISION unless the entire development is not more than 10 lots. As provided in § 156.36, MINOR RESIDENTIAL SUBDIVISIONS may be approved by Planning Staff.
PHASED DEVELOPMENT. A residential subdivision that is developed in phases and meets the requirements of § 156.31.
PLAT. A map or plan of a parcel of land which has been or is to be subdivided.
PRIVATE DRIVEWAY. A roadway serving two or fewer lots, buildings, building sites, or other divisions of land and not intended for public use.
PRIVATE ROAD, COUNTY STANDARD (or private road). A road constructed in accordance with the provisions of § 156.46.
RESIDENTIAL SUBDIVISION. A residential subdivision shall include all divisions of a tract of land into two or more lots for the purpose, whether immediate or future, of sale, or building development. Such lots shall not be smaller than one acre, the execution of a security interest, such as a deed of trust, for a portion of a tract of land which results in two or more persons, firms or corporations having the potential to convey ownership of portions of the existing tract creates a RESIDENTIAL SUBDIVISION for purposes of this chapter. The following shall not be included within this definition nor be subject to the requirements of this chapter.
(1) The division of land solely among members of the same family, who are in any degree of lineal kinship or within three degrees of collateral kinship to the grantor by any method of transfer except where the parties contemplate development for resale. By way of example, such degrees of kinship include children, grandchildren, great-grandchildren, parents, grandparents, brothers and sisters, uncles and aunts, and nieces and nephews, as described under G.S. §104A-1. Any transfer of the resulting lots within three years after division of the land may be considered a RESIDENTIAL SUBDIVISION of land unless transfer of such lots is given approval by a majority vote of the Ashe County Planning Board, to which the applicant for Planning Board approval shall have shown that there was a change in the family situation, such as divorce, a death in the family, or another unexpected issue which created the need for such transfer. Additionally, if it is discovered this exemption was utilized to circumvent any Ashe County Land Use Ordinance, the division of land shall be considered a RESIDENTIAL SUBDIVISION and deemed a violation of this chapter.
(2) The combination or recombination of portions of previous platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the requirements of this chapter.
(3) The division of land by court order or court-approved partition.
(4) The division of land for agricultural purposes such as the production of crops, livestock, or poultry. “Agricultural land” shall be defined in this chapter as it is defined in G.S. §105-277.2.
(5) The division of land for commercial purposes meaning all purposes other than single-family residential.
(6) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved.
(7) The division of a tract in single ownership whose area is two acres, where no street right-of-way dedication is involved, and where the resultant lots meet or exceed the requirements of this chapter.
RIGHT-OF-WAY. A strip of land designated by the owner or acquired by another authority by which other persons may legally pass, and on which a road and/or utilities may be constructed.
ROAD, STATE STANDARD. A dedicated and accepted public right-of-way for vehicular traffic on which is constructed a road which meets the specifications and requirements of the North Carolina Department of Transportation.
SINGLE FAMILY RESIDENTIAL. The division and/or development of land intended to support the erection or placement of a structure for the use of any one single family as a temporary or permanent residence.
TRAVEL AREA. That area of a road which is stoned or paved in accordance with § 156.46(B)(3), and which is intended for vehicular travel.
(Ord. passed 3-20-96; Am. Ord. passed 4-8-02; Am. Ord. passed 4-3-06; Am. Ord. passed - -; Am. Ord. passed 7- -07; Am. Ord. passed 3-5-12; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23)