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.
CLUSTER SUBDIVISIONS. A subdivision of land which permits the reduction of the required lot sizes and dimensional requirements, subject to the dedication of required open space and active recreational areas, as defined herein and in § 152.032 of this code of ordinances. CLUSTER SUBDIVISIONS may be permitted in the R-1 and R-2 Zoning Districts in accordance with the requirements and standards in § 152.165 of this code of ordinances. The CLUSTER SUBDIVISION shall be reviewed in accordance with the procedures and requirements for a major subdivision and the requirements of § 152.165 of this code of ordinances.
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.
CUL-DE-SAC. A street permanently terminated by a turn-around.
DOUBLE-FRONTAGE LOT. A continuous lot of the same depth as the width of a block containing the two tiers of lots and which is accessible from both of the streets upon which it fronts.
EASEMENT. A grant by the property owner of use, by the public, a corporation or person(s) of a strip of land for specified purposes.
GROUP DEVELOPMENT. A development comprising two or more buildings such as a group of apartments, and the land is not subdivided into the customary streets and lots.
HIGHWAY. A traffic artery designed primarily to carry heavy volumes of local vehicular traffic.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for the development of both. The word LOT includes the word “plot” or “parcel”.
MAJOR STREETS. A street designed primarily to carry heavy volumes of local vehicular traffic.
MARGINAL ACCESS STREET. A minor (service) street which parallels and is immediately adjacent to a minor street or highway; and which provides access to abutting property.
MINOR STREETS. A street, the principal purpose of which is to provide vehicular access to the properties abutting it.
MINOR SUBDIVISION FOR CONVEYING PROPERTY TO HEIRS. The conveyance of a tract or tracts to a grantee who would have been an heir of the grantor if the grantor had died intestate immediately prior to the conveyance; or the conveyance of a tract or tracts for the purpose of dividing lands among the tenants in common, all of whom inherited by intestacy or by will, the land from a common ancestor.
MINOR SUBDIVISION. A division of land involving no new public or private streets or roads, right-of-way dedications, easements or utility extensions, where the entire tract to be subdivided is five acres or less in size, and where four or fewer lots are created by the subdivision.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Council as a guide for the development of the town and surrounding area.
PLANNING BOARD. The Banner Elk Planning Board.
SHALL. The act referred to is always mandatory and not merely directory.
SINGLE-TIER LOT. A lot which backs upon limited access highway, a railroad, a physical barrier or a non-residential use and to which access from the rear of the lot is usually prohibited.
SPECIAL SUBDIVISIONS. Other divisions of land for specific uses not otherwise specified by this chapter (which may include such examples as cemeteries, boundary disputes and the like); and the subdivision of land within a PRD and PRCD; provided, the subdivision conforms with the requirements of Ch. 152 of this code of ordinances for special subdivisions.
STREET. A dedicated and accepted public right-of-way for vehicular traffic.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision, as herein defined.
SUBDIVISION. All divisions of a tract of parcel of land into two or more lots, building sites or other divisions, 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; provided, however, that, the following shall not be included within this definition nor be subject to the regulations prescribed by this chapter.
(1) The combination or re-combination of portions of previously platted lots where the total number of lots are not increased and the resultant lots are equal to or exceed the standards of the town as required by this chapter.
(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.
(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 town, as required by this chapter.
“Y” OR “T” TURNING SPACES. The termination of a street which will allow a vehicle to turn around with the use of one backing movement.
(Ord. passed - -; Ord. passed 5-2-1988; Ord. passed 8-5-1991; Ord. passed 11-4-1991; Ord. passed 11-13-2000; Ord. passed 4-9-2007)