For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. The word "person" includes a firm, association, corporation, trust, and company, as well as an individual. The word "structure" shall include the word "building." The word "lot" shall include the words "plot," "parcel," or "tract." The word "shall" is always mandatory and not merely directory.
ALLEY. A public way which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.
BLOCK. A piece of land bounded on one or more sides by streets or roads.
BUFFER STRIP. A planting strip at least ten feet in width, composed of evergreen trees or shrubs which at maturity shall be not less than 12 feet in height. The buffer strip shall be planted and maintained in a healthy growing condition by the property owner who, under the terms of this chapter, is required to provide the buffer strip.
CUL-DE-SAC. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turn around provided.
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.
EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons.
FRONTAGE ROAD. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
HALF STREET. A street whose centerline coincides with a subdivision plat boundary, with one half of the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
LOT LINE. A line dividing one parcel of property from another parcel of property from a street right-of-way.
LOT OF RECORD. Any lot for which a plat or deed has been recorded in the Registry of Deeds of Cherokee County.
LOT TYPES.
(1) CORNER LOT. A lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines front equally, in which case the owner shall be required to specify the front of the lot when requesting a zoning compliance permit.
(2) DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts.
(3) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(4) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.
(5) 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.
(6) THROUGH LOT or a DOUBLE FRONTAGE LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Board of Commissioners of the Town of Murphy.
OPEN SPACE. An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment in its unaltered state.
PLAT. A map or plan of a parcel of land which is to be or has been subdivided.
PRIVATE DRIVEWAY. A roadway serving two or fewer lots, building sites, or other division of land and not intended to be public ingress or egress.
PRIVATE STREET. An undedicated private right-of-way which affords access to abutting properties.
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 human-made features that accommodate the activities.
RESERVATION. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.
SETBACK. The required distance between any structure and the applicable lot line(s) (front, side, or rear) of the lot on which the structure is located.
SLOPE, AVERAGE. A topographical measurement based on a contour map and using the following formula:
% Slope = .0023 x I x L
A
A
Where: .0223 is a conversion factor of square feet to acres;
I is the contour interval expressed in feet;
L is the total length of all contour lines within the subject area measured by map measurer and expressed in feet; and
A is the total number in acres in the area under study.
STREET. A public thoroughfare or right-of-way for vehicular traffic which affords a principal means of access to abutting properties.
STREET LINE. A street right-of-way boundary, that is, the line which separates the street from the lot.
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 or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future), and shall include all divisions of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition nor be subject to any regulations enacted pursuant to 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 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 or for public transportation system corridors; and
(4) The division of a tract in single ownership 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 this chapter provided that no part of the tract or parcel to be divided has been divided under this chapter in the ten years prior to division.
SUBDIVISION, HILLSIDE. A subdivision characterized by an average slope of more than 15%.
SUBDIVISION, NON-HILLSIDE. A subdivision characterized by an average slope of 15% or less.
(Ord. passed 9-19-1985; Am. Ord. passed 9-4-2007; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021)