The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESS EASEMENT. An easement that grants the right to cross property.
ACCESSORY STRUCTURE. A detached subordinate building, the use of which is incidental to that of the principal building and located on the same lot therewith.
ADMINISTRATOR. The officer designated by the Board of Commissioners to administer this chapter.
ALLEY. A minor right-of-way dedicated to public use that affords a secondary means of access to abutting property and may be used for utility access.
ARTERIAL STREET. A street used, or intended to be used, primarily for fast or heavy through traffic. Arterial street shall include freeways and expressways as well as standard arterial, minor arterial, and major collector for rural type streets and highways for urban areas as defined by the North Carolina Highway Commission functional highway classification guide.
BLOCK. The land lying within an area bounded on all sides by streets.
BOARD OF COMMISSIONERS. The Board of Commissioners of the Town of Fairmont, North Carolina.
BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and that provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from normal pool elevation of impounded structures and from the bank of each side of streams and rivers.
BUFFER YARD. A strip of land which is established to separate one type of land use from another type of land use and which contains natural or planted vegetation, berms, walks, or fences.
BUILDING. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered a separate building.
BUILDING LINE. The line, established by the eaves or roof overhang, beyond which the building shall not extend, except as provided for in the zoning ordinance.
COLLECTOR STREET. A street whose principal function is to carry traffic between cul-de-sac, local, and sub collector streets, and streets of higher classification, but that may also provide direct access to abutting properties. SR 1515 is the collector street located in the town.
COMMON AREA(S). All areas, including private streets, conveyed to an owners' association within a development, or owned on a proportional undivided basis in a condominium development.
COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. § 160D-501.
CONDOMINIUM. Portions of real estate which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CORNER LOT. A lot abutting two or more streets at their intersection.
CUL-DE-SAC STREET. A short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.
DAY. Any reference to days shall mean calendar days unless otherwise specified. A duration of days shall include the first and last days on which an activity is conducted, and all days in between, unless otherwise specified by state law.
DEDICATION. A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.
DEVELOPER. A person engaging in development (See SUBDIVIDER).
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials. This definition shall also include the subdivision of land.
DEVELOPMENT, DENSITY OF. The density of development shall be determined using a gross acreage system. The total area of the tract, including areas to be used for new streets, rights-of-way, drives, parking, structures, recreation areas, dedicated areas, and required setbacks, shall be used for density calculations.
DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts. See THROUGH LOT.
DRAINAGE EASEMENT. An easement that grants the right of water drainage to pass in open channels or enclosed structures.
DRAINAGEWAY. Any natural or man-made channel that carries surface runoff from precipitation.
DWELLING UNIT. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided therein. Units in dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents are not dwelling units.
EASEMENT. A grant of one or more of the property rights by the property owner to, or for use by, the public, a corporation, or other entities.
EXISTING LOT. See LOT OF RECORD.
FAMILY. One or more persons occupying a dwelling unit and living as a single household.
FENCE. A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal or similar material, used as a boundary or means of protection or confinement, but not including a hedge or other vegetation.
FLAG LOT. A lot that is composed of a narrow “flagpole” strip extending from the street and a much wider “flag” section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a flag lot, the lot line at the end of the flag pole lying generally parallel to the street to which the flagpole connects shall be considered to be the front line for setback purposes.
GRADE. The slope of a road, street, or other public way specified in percentage terms. The degree of inclination of a slope.
INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
LOCAL STREET. A street whose primary function is to provide access to abutting properties.
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 “plot”, “parcel”, or “tract”.
LOT OF RECORD. A lot, plot, parcel, or tract recorded in the Office of the Robeson County Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation. Also, a lot that is part of a subdivision, a plat of which has been recorded in the Office of the Robeson County Register of Deeds prior to the original adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the original adoption of this chapter.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new public and/or or private street, extension of the local government facilities, or the creation of any public improvements.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. MANUFACTURED HOME includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before adoption of the HUD code MANUFACTURED HOME means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. For similar state law provisions, refer to G.S. § 160D-102 and G.S. § 143-145(7). A MANUFACTURED HOME (formerly known as a mobile home) is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section. MANUFACTURED HOMES are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis. (HUD.GOV)
MINOR SUBDIVISION.
(1) A division of a tract of land where:
(a) All lots front on an existing public street, and/or no more than one lot is created that is served by an exclusive access easement;
(b) Public water and/or sanitary sewerage systems, other than laterals to serve individual lots, are not to be extended; and
(c) The installation of drainage improvements that would require easements through one or more lots to serve other lots are not necessary.
(d) No new public or private street or roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be subdivided is five acres or less in size, and where four or fewer lots result after the subdivision is completed.
(2) The minor subdivision procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
MODULAR HOME.
(1) A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina State Building Code applicable to site built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.
(2) To qualify for a label or seal under division (1) of this section, a single-family modular home must meet or exceed the following construction and design standards:
(a) Roof pitch. For homes with a single predominant roofline, the pitch of the roof shall be no less than five feet rise for every 12 feet of run.
(b) Eave projection. The eave projections of the roof shall be no less than ten inches, which may not include a gutter around the perimeter of the home, unless the roof pitch is 8/12 or greater.
(c) Exterior wall. The minimum height of the exterior wall shall be at least seven feet six inches for the first story.
(d) Siding and roofing materials. The materials and texture for the exterior materials shall be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.
(e) Foundations. The home shall be designed to require foundation supports around the perimeter. The supports may be in the form of piers, pier and curtain wall, piling foundations, a perimeter wall, or other approved perimeter supports. For similar state law provisions, refer to G.S.
§§ 160D-910 and 143-139.1.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Board of Commissioners as a guide to the development of the town.
OPEN SPACE. An area (land and/or water) generally lacking in manmade structures and reserved for enjoyment in its unaltered state.
OWNER. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
PEDESTRIAN WAY. A right-of-way or easement dedicated to public use to facilitate pedestrian access to adjacent streets and properties.
PERSON. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, or public or private institution, utility, cooperative, interstate body or other legal entity.
PLAN. Any documented and approved program of recommended action, policy, intention, etc., which sets forth goals and objectives along with criteria, standards and implementing procedures necessary for effectively guiding and controlling decisions relative to facilitating development and growth management. The plan is sometimes referred to as the land development plan or land use plan.
PLANNED UNIT DEVELOPMENT. A permitted use designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common land must be an element of the plan related to effecting the long-term value of the entire development.
PLAT. A map, drawn to scale, of a surveyed parcel of land that is to be, or has been, subdivided.
PRINCIPAL STRUCTURE. A structure(s) in which is conducted the principal use(s) of the lot on which it is located.
PRIVATE DRIVE. A vehicular travel way not dedicated or offered for dedication as a public street, providing access to parking lot(s) for two or more principal buildings in a group housing development.
PRIVATE DRIVEWAY. A roadway serving two or fewer lots, building sites or other divisions of land and not intended to be public ingress or egress.
PRIVATE SEWER. A system that provides for collection and/or treatment of wastewater from a development, or property, and that is not maintained with public funds.
PRIVATE STREET. A vehicular travel-way or private way not dedicated or offered for dedication as a public street, but resembling a cul-de-sac or a local street by carrying traffic from a series of driveways to the public street system.
PRIVATE WATER. A system that provides for the supply and/or distribution of potable water for use by a development, project, or owner, and that is not maintained by a governmental organization or utility district.
PUBLIC SEWER. A system that provides for the collection and treatment of sanitary sewage from more than one property, and is owned and operated by a governmental organization or sanitary district.
PUBLIC STREET. A dedicated public right-of-way for vehicular traffic which:
(1) Has been accepted by the town or the North Carolina Department of Transportation for maintenance; or
(2) Is not yet accepted but in which the roadway design and construction have been approved under public standards for vehicular traffic and is to be offered for acceptance by the town or North Carolina Department of Transportation for maintenance.
PUBLIC WATER. A system that provides distribution of potable water for more than one property and is owned and operated by a governmental organization or utility district.
RECREATION AREA OR PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features that accommodate such activities.
RESERVATION. An obligation shown on a plat to keep property free from development and available for public acquisition for a stated period of time. It is not a dedication nor a conveyance.
RETAINING WALL. A structure, either masonry, metal, or treated wood, designed to prevent the lateral displacement of soil, rock, fill or other similar material.
REVERSE FRONTAGE LOT. A through lot that is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
SETBACK. The minimum required horizontal distance between a structure or activity and the property line or the street right-of-way line.
SINGLE-FAMILY DETACHED DWELLING. A separate, detached building designed for and occupied exclusively by one family.
SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
SIGHT DISTANCE EASEMENT. An easement that grants to the town and/or North Carolina Department of Transportation the right to maintain unobstructed view across property located at a street intersection.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches, and appurtenances that serve to collect and convey stormwater through, and from, a given drainage area.
STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in any form.
STREET RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a travel way for vehicles and also available, with the consent of the appropriate governmental agency or owners' association (for private streets), for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication lines.
STRUCTURE. Anything constructed, erected, or placed on the land, at grade or below grade. It includes, but is not limited to, buildings, signs, load bearing walls, docks, columns, pools and parking areas.
SUB-COLLECTOR STREET. A street whose principal function is to provide access to abutting properties, but that is also designed to be used or is used to connect local streets with collector or higher classification streets.
SUBDIVIDER. Any person who subdivides or develops any land deemed to be a subdivision (See DEVELOPER).
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions are created for the purpose of sale or building development (whether immediate or future), and includes all divisions of land involving the dedication of a new street or a change in existing streets; however, the following shall not be included within this definition nor be subject to the regulations authorized by this chapter:
(1) The 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 shown in its subdivision regulations.
(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 corridors.
(4) The division of a tract 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 shown in its subdivision regulations.
SUBDIVISION ADMINISTRATOR. The officer appointed by the Board of Commissioners to administer these regulations and to assist administratively other boards and commissions. The title of said officer shall be “Subdivision Administrator” for the purposes of this chapter.
THOROUGHFARE PLAN. A plan adopted by the Board of Commissioners for the development of existing and proposed major streets that will adequately serve the future needs of an area in an efficient and cost effective manner.
THROUGH LOT. A lot abutting two streets that do not intersect at the corner of the lot.
TOWN. Refers to Fairmont, North Carolina.
TOWN COMMISSIONERS. Board of Town Commissioners, Fairmont, North Carolina.
TOWN PLANNING AND ZONING BOARD. The Board created by the Board of Town Commissioners and authorized to plan land use within the Town of Fairmont.
TOWNHOUSE LOT. A parcel of land intended as a unit for transfer of ownership, and lying underneath, or underneath and around, a townhouse, patio home, or unit in a nonresidential group development.
TRACT. All continuous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at one time.
USE(S), PRINCIPAL. The primary purpose or function that a lot or structure serves or is proposed to serve.
UTILITY EASEMENT. An easement that grants to the town or other utility provider the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.
VARIANCE. Official permission from the Board of Commissioners to depart from the requirements of this chapter.
(Ord. 23-241, passed 7-18-2023)