For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of a principal building on the same lot.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADMINISTRATOR or ADMINISTRATOR OF THIS CHAPTER. The person designated by the Town Manager to administer this chapter.
BUILDING SETBACK LINE. The line within a property defining the required minimum distance between any building and the adjacent right-of-way or lot.
COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. § 160D-501.
DECISION-MAKING BOARD. A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this chapter.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. DEVELOPMENT APPROVALS include, but are not limited to, zoning permits, site plan approvals, special use permits (formerly conditional use permits) variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this chapter.
DOUBLE FRONTAGE LOT. A lot with front and rear street frontage.
EVIDENTIARY HEARING. A hearing to gather competent, material and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this chapter.
GOVERNING BOARD. The Town Council shall be known as the GOVERNING BOARD of the Town of Duck.
LANDOWNER OR OWNER. The holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the county tax records to determine who is a LANDOWNER. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LOT.
(1) A portion of a subdivision or any other parcel of land intended as a unit for transfer or ownership or for development or both.
(2) The word LOT includes the words PLOT, PARCEL or TRACT.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Council as a guide for the development of the county.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area defined in G.S. Ch. 160D within which the town may undertake planning and apply the development regulations authorized by this chapter.
PLANNING BOARD. Town of Duck Planning Board.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are QUASI-JUDICIAL in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
ROAD.
(1) A right-of-way for vehicular traffic.
(2) The word ROAD shall include the word STREET.
CUL-DE-SAC or MINOR DEAD-END ROAD. A road permanently terminated by a turnaround or dead-end.
MARGINAL ACCESS ROAD. A minor (service) road which parallels and is immediately adjacent to a primary road or highway, which provides access to the properties abutting it and which separates the abutting properties from high speed vehicular traffic.
PRIMARY ROAD. A road designed to carry heavy volumes of vehicular traffic.
SECONDARY OR COLLECTOR ROAD. A road designed to carry medium volumes of vehicular traffic, to provide access to the primary road system and to provide access to abutting properties.
SUBDIVIDER. Any person, owners, broker, surveyor, engineer, planner, corporation, partnership or the like who subdivides or develops any land deemed to be a subdivision as defined in this section.
SUBDIVISION. Per G.S. § 160D-802, and as used in this chapter, a SUBDIVISION shall mean any division of a tract or parcel of land into 2 or more lots, building sites or other divisions, for the purpose, whether immediate or future, of sale or building development, including any division of land involving the dedication of a new street or a change in existing streets. The following shall not be included within this definition, nor shall they be subject to the regulations prescribed by this chapter:
(1) Combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as established by this chapter;
(2) The division of land into parcels greater than 10 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; and
(4) The division of a tract of land in single ownership, the entire area of which is no greater than 2 acres, into not more than 3 lots, where no street right-of-way dedication is involved, and if the resultant lots are equal to or exceed the standards of the town as established by this chapter; and
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Ch. 29.
SUBDIVISION ADMINISTRATOR. The Subdivision Administrator shall be appointed by the Town Council. The powers and duties of the Administrator shall be to implement the provisions of this chapter with the assistance of the appropriate technical staff. The specific responsibilities of the Administrator
shall include, but not be limited to, conferring with the subdividers, reviewing plans and plats, coordinating and collaborating with the appropriate experts on the plan and plats, and making field investigations of plans and improvements, and presenting plans and plats where appropriate.
TOWN COUNCIL. See GOVERNING BOARD.
(Ord. passed 8-7-2002; Am. Ord. 21-02, passed 6-2-2021)