(A) Definitions. As used in this article, the following terms will have the meanings indicated in this section.
ALLEY. A vehicular way used for providing service access along rear or side property lines of lots which are also served by one of the listed street types defined herein. An ALLEY may be accepted for public maintenance only if it serves a broad public function. RESIDENTIAL ALLEYS will generally remain private.
APPEAL. An action requesting reversal or modification of an interpretation or decision made by town staff or administrative agent in the application of these regulations.
BUILD-TO LINE. A line extending through a lot which is generally parallel to the front property line and marks the location from which the principle vertical plane of the front building elevation must be erected; intended to create an even building facade line on a street. The BUILD-TO LINE is established on the record plat (final plat).
BUILDING FACE. The dominant structural plane of the elevation of any side of a building. For example, the BUILDING FACE of a two-story dwelling with one-story porch is considered to be the two-story elevation of the structure.
BUILDING SETBACK LINE. A line extending through a lot which is parallel to the front property line and between which and the line no building shall be erected.
CLUSTER DEVELOPMENT. A tract of land planned and developed as an integral unit in a single development operation or a definitely programmed series of development operations, and in accordance with an approved site plan. The development on the tract is limited by overall density or intensity, rather than minimum lot dimensions.
COLLECTOR STREET PLAN. The system of streets which indicates the conceptual network of primary connecting streets expected to connect arterials and/or provide access to public institutions within the town's planning area.
CONSULTING ENGINEER. A state registered engineer appointed from time to time by the Town Board.
DESIGNATED ADMINISTRATIVE AGENT (also DESIGNEE). A government agency or consulting professional who has been designated by the town's Board of Commissioners through contract or agreement to administer the subdivision ordinance.
EASEMENT. A grant by the property owner for use by the public, a corporation or person(s) of a strip of land for specified purposes.
LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL. A landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes meeting the standards of the state.
LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and the accessways, parking area, yards and open spaces required in these regulations.
LOT, CORNER. A lot located at the intersection of two or more streets, or abutting a curved street or streets in a way that the front building line meets either side lot line at an interior angle of less than 135 degrees.
LOT COVERAGE. The portion of the lot area, expressed as a percent that is covered by impervious surface cover.
LOT, DOUBLE FRONTAGE. A lot having frontage and access on two or more public streets. A corner lot shall not be considered as having DOUBLE FRONTAGE unless it has frontage and access on three or more streets.
LOT, INTERIOR. A lot other than a corner lot with frontage on only one street.
LOT, REVERSE FRONTAGE. A lot having frontage on two or more streets, one of which is a minor or less important street in the community, the access to which is restricted to the minor street.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. See LOT, DOUBLE FRONTAGE.
LOT LINE. A line or series of connected line segments bounding a lot.
LOT LINE, FRONT. The line which separates the lot from a street right-of-way. Corner lots shall have only one FRONT LOT LINE.
LOT LINE, INTERIOR. A side lot line, which separates one lot from another lot.
LOT LINE, REAR. The lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Zoning Administrator shall designate the REAR LOT LINE.
LOT LINE, SIDE. A lot line other than a front or rear lot line.
LOT OF RECORD. A lot described by plat or by metes and bounds which has been recorded in the office of the County Register of Deeds.
LOT WIDTH. The horizontal distance between the side lot lines at the building setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.
LOT, ZONING. A parcel or contiguous parcels of land which is indicated by the owner at the time of application for a building or zoning permit as being that land which is proposed for development under a single development plan.
OPEN SPACE. Land used for recreation, natural resource protection, amenities and protection of important rural and town vistas and/or buffer yards. OPEN SPACE may include, but is not limited to, lawns, walkways, active recreation areas, playgrounds, wooded areas and greenways.
PLANNING AREA. The land located within the boundaries of the most recently adopted Town Land Development Plan, and consistent generally with the town's extraterritorial jurisdiction (ETJ).
PLANNING BOARD. The Planning Board of the town.
PLAT. A surveyed map or plan of a parcel of land which is to be or has been subdivided.
STREET. A right-of-way for vehicular travel.
STREET, ARTERIAL. A federal and/or state highway designed primarily for the movement of large volumes of vehicular traffic from one area or region to another; a thoroughfare. Also referred to as a MAJOR THOROUGHFARE.
STREET, COLLECTOR. A public way designed primarily to connect minor streets with arterial streets and/or to provide direct connection between two or more arterial streets and which may be designed to carry significant volumes of vehicular traffic having neither origin, nor destination on the street.
STREET, MINOR RESIDENTIAL. Those streets whose primary function is to provide direct access to residential property.
STREET, MINOR NON-RESIDENTIAL. Those streets whose primary function is to provide direct access to commercial/industrial property.
STREET, CUL-DE-SAC. A short minor street having one end open to traffic and the other permanently terminated by a vehicular turnaround.
STREET, RURAL. A street designed for and located in non-urban and non-urbanizing areas as classified by the town.
STREET, URBAN. A street designed for and located in urban or urbanizing areas as classified by the town.
STREET, PARALLEL FRONTAGE ROAD. A public or private street adjoining or parallel to an arterial street designed to provide access to abutting property in place of the arterial.
STREET, PRIVATE. An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to parking and service areas; it is not maintained, nor is it intended to be maintained, by the public.
STREET, PUBLIC. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards and eligible for maintenance by either the town or the state.
STREET LINE. The outer boundary of a street right-of-way.
STREET ORIENTATION. The direction of the architectural front facade of a building in relation to the street.
STREET RIGHT-OF-WAY. Any public right-of-way set aside for public travel which is accepted or eligible to be accepted for maintenance by the state or the town or the county, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the town; or has otherwise been established as a public street prior to the adoption of this article.
SUBDIVISION. A subdivision will include all divisions of a tract or 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:
(a) The combination or recombination of portions of parcels platted and recorded prior to the effective date of this article, or portions of lots platted in compliance with this article after its effective date, where the total number of lots is not increased and the resultant lots are equal to the standards of this article and the appropriate zoning classification;
(b) The division of land into parcels greater than ten acres where street right-of-way dedication or reservation is not involved;
(c) The public acquisition by purchase of strips of land for the widening or opening of streets or the location of public utility rights-of-way;
(d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where street right-of-way dedication or reservation is not involved and where the resultant lots are equal to or exceed the standards of the appropriate zoning classification;
(e) The division of land into plots or lots for use as a cemetery; and
(f) Proceedings to partition interests in lots or parcels pursuant to G.S. Ch. 46 (or any successor statute) resulting in the division of a lot or parcel into two or more lots or parcels, except where the partition proceeding is brought to circumvent the provisions of this article.
SUBDIVISION, MAJOR. A subdivision not otherwise exempt from these regulations that involves any of the following:
(a) The creation of any new public street or street right-of-way or improvements to an existing street;
(b) A future public school, park, greenway or open space site shown in any adopted plan or policy document;
(c) The extension of any needed right-of-way or easement for the water or sewer system operated by the town;
(d) The installation of drainage improvements through one or more lots to serve one or more other lots; and
(e) The installation of a private wastewater treatment plant or a private water supply system for more than one lot or building site.
SUBDIVISION, MINOR. A subdivision that is not otherwise exempt from the provisions of this article and that does not meet the criteria for the definition of a major subdivision.
THOROUGHFARE. See STREET, ARTERIAL.
THOROUGHFARE PLAN. The most recent map adopted by the Town Board which indicates the system of roads expected to serve major access and travel needs with regard to auto, truck and transit transportation.
TOWN BOARD. The Board of Commissioners of the town.
TOWN MANAGER. The Town Manager of the town.
VARIANCE. An action requesting consideration for relief from the strict enforcement of the standards of the ordinance where special circumstances or unusual considerations may exist on the parcel of land.
(B) Rules of construction. For the purposes of these regulations, the following rules of construction apply.
(1) These regulations will be construed to achieve the purposes for which they are adopted.
(2) In the event of any conflict in limitations, restrictions or standards applying to a project, the provision more consistent with the town's zoning ordinance shall apply.
(3) The words "shall", "must" and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision.
(4) The word "may" is permissive in nature except when used in the negative.
(5) References to "days" will always be construed to be business days, excluding weekends and holidays, unless the context of the language clearly indicates otherwise.
(2003 Code, § 8-2.2) (Adopted 4-1-2003)