For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
BONA FIDE FARM. Agricultural, horticultural and forest land as defined by G.S. §§ 105-277.1(1) through (3) and 105-277.3.
BUFFER. A horizontal distance from the property line which may only be occupied by screening, utilities, accessways and landscaping materials.
BUILDING LINE or SETBACK LINE. A line set parallel to a lot line beyond which a building cannot extend or be erected. Included are front, side and rear lines.
CLEAR VISION AREA. The triangular area formed by joining points, using straight lines, of the centerlines of intersecting or intercepting streets 60 feet from their intersection/interception.
CONSERVATION SUBDIVISION.
(1) These conservation provisions provide voluntary alternatives to standard residential development practices. These land development techniques involve placing clusters of home sites on smaller lots than those permitted under conventional development regulations to preserve areas and to create permanent open space.
(2) Conservation provisions provide flexible development options to:
(a) Protect open space areas;
(b) Allow for common open areas within a development project;
(c) Support reductions in development costs, reducing the amount of grading and infrastructure needed; and
(d) Reduce the amount of impervious area for improved stormwater run-off.
DEDICATION. A gift, by the owner, of his or her property to another party without any consideration being given for the transfer. Since a transfer of property is involved, the dedication is made by written instrument and is completed with an acceptance.
DISTRICT. Any section of the town and its zoning jurisdiction, within which regulations are uniform.
DRAINAGE HEAD. A low depressed area which serves to remove excess water.
EASEMENT. A grant by the property owner for use by the public, a corporation or persons of a strip of land for specified purposes.
EXCEPTION. A division of land specifically described in the definition of SUBDIVISION as not being subject to the regulations prescribed by this chapter other than those prescribed for review and approval, as noted in §§ 154.20 et seq.
EXTRATERRITORIAL JURISDICTION. That land lying within one mile in all directions of the corporate limits and not located in any other town. In the event of land lying within a distance of one mile of both the town and any other municipality, the jurisdictions of the town and of each other municipality shall terminate at a boundary line equidistant from the respective corporate limits.
FENCE. An outdoor structure placed around a parcel of land and constructed of either masonry, metal or wood which provides either a physical barrier or visual screen between properties.
GROUP HOUSING DEVELOPMENT. One or more residential structures designed for multi- family usage on a single plot, or a townhouse residential development, or a unit ownership residential development.
GROUP NONRESIDENTIAL DEVELOPMENT. A group of two or more principal structures built on a single lot, tract, or parcel of land designed for occupancy by separate firms, businesses or other nonresidential enterprises.
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 the word PLOT or PARCEL.
(1) CORNER LOT. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit.
(2) DOUBLE-FRONTAGE LOT. A lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts.
(3) INTERIOR LOT. A lot other than a corner lot.
(4) SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier or a nonresidential use and to which access from the rear is usually prohibited.
LOT DEPTH. The mean distance between the front and rear lot lines.
LOT LINE. A line dividing one parcel of property from another parcel of property or from a street right-of-way.
(1) FRONT LOT LINE. The street right-of-way boundary at the front of the lot. That is, the line which separates the lot from the street right-of-way at the front of the lot.
(2) REAR LOT LINE. That line of a lot which is opposite and farthest on average from the front lot line. Where a lot abuts a street along the rear of the lot, the rear lot line shall be deemed to coincide with the street right-of-way boundary.
(3) SIDE LOT LINE. Any lot line which meets an end of a front lot line. Where a lot abuts a street along the side of a lot, the side lot line shall be deemed to coincide with the street right-of-way boundary.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the front building line.
NONCONFORMANCE. Any use, structure, lot or sign which does not conform to the regulations of Chapter 155 either at the effective date of the chapter or as a result of subsequent amendments which may be incorporated into the chapter.
NONCONFORMING LOT. A lot which does not conform to the dimensions required by Chapter 155.
NONRESIDENTIAL PLANNED SITES DEVELOPMENT. A development of one or more structures containing a total of two or more nonresidential units intended for owner occupancy, where ownership of the land beneath each unit runs with that unit, where units and the individually owned lands on which they rest do not meet conventional lot requirements for street frontage and yard sizes, and where walls between units are constructed in accordance with State Building Code requirements.
OBSTRUCTION. Any structure, fence, shrub, bush, tree, flower, plant, motor vehicle or any other object that obscures, impairs, or prevents view or sight through, over or across the CLEAR VISION AREA as herein defined.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Board of Aldermen as a guide to the development of the town.
OPEN SPACE. An area of land and/or water generally lacking in man-made structures and reserved for enjoyment in its unaltered state.
PARKING SPACE. An area of appropriate dimensions, exclusive of drives, which conforms to the geometric design standards of the Institute of Traffic Engineering, and is capable of temporary storage of one private passenger automobile.
PLANNING BOARD. The Town Planning Board.
PLAT. A map or plan of a parcel of land which is to be or has been subdivided.
PRINCIPAL USE. The primary purpose or function that a lot serves or is intended to serve.
PUBLIC SEWAGE DISPOSAL SYSTEM. A single system of sewage collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality or a public assembly.
PUBLIC WATER SUPPLY. Any water supply furnishing potable water so defined and regulated by state statutes.
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.
SCREEN. A wall, fence or a planted strip composed of deciduous or evergreen trees or a mixture of trees and dense shrubs planted or constructed to block one or more views.
SETBACK. The required distance between any structure and the applicable lot lines, such as front, rear and side, of the lot on which the structure is located.
SKETCH DESIGN PLAN. An informal drawing as required in § 154.22, for the purpose of a preapplication and sketch plat review.
STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties. The following classifications shall apply:
(1) ARTERIAL. A street serving major metropolitan activity centers, interconnecting and augmenting the thoroughfare system and carrying trips of moderate lengths.
(2) COLLECTOR STREET. A street penetrating residential, commercial and industrial areas that collects traffic from local streets and channels it into the arterial and thoroughfare system.
(3) CUL-DE-SAC. A street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.
(4) INTERSTATE. Any of a system of major thoroughfares of, connecting, or existing between two or more streets.
(5) LOCAL STREET. A street providing direct access to abutting land where through traffic is deliberately discouraged and trip length is short.
(6) MARGINAL ACCESS/FRONTAGE. A minor street which parallels and is adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic.
(7) PRIVATE STREET. A privately owned and maintained street which provides the principal means of vehicular access to abutting properties.
(8) SERVICE ROAD. A street that runs parallel to a principal arterial or interstate and provides indirect access to and from properties or facilities abutting the principal arterial or interstate via an interchange.
(9) STREET RIGHT-OF-WAY LINE. The street right-of-way boundary. That is, the line which separates the street from the lot.
(10) THOROUGHFARE. A traffic artery designed primarily to carry heavy volumes of through vehicular traffic.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision, as herein defined.
SUBDIVISION.
(1) Any division 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 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 the regulations authorized by statute:
(a) 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 municipality as shown in its subdivision regulations;
(b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors; and
(d) The division of a tract in single ownership whose entire area is not 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 municipality, as shown in its subdivision regulations.
(G.S. § 160A-376(a))
(2) MAJOR SUBDIVISION. The division of a tract or parcel of land:
(a) Involving four lots or more fronting on an existing approved street;
(b) Involving any new street or prospectively requiring any new street for access to interior property; and
(c) Requiring the extension of public sewage and/or water lines or the creation of new drainage easements through lots to serve property at the rear.
(3) MINOR SUBDIVISION. The division of a tract or parcel of land:
(a) Involving not more than three lots fronting on an existing approved street;
(b) Not involving any new street or prospectively requiring any new street for access to interior property; and
(c) Not requiring extension of public sewage or water lines or creation of new drainage easements through lots to serve property at the rear;
(d) Not adversely affecting development of the remainder of the parcel or adjoining property;
(e) Creating no new or residual parcels not conforming to the requirements of these regulations and related controls.
TECHNICAL REVIEW COMMITTEE. A staff review committee consisting of the Town Manager, Town Planner, Zoning Officer, Superintendent of Public Works and others as deemed necessary.
(`94 Code, App. B, Art. IV, § 3) (Am. Ord. 06-17, passed 2-13-07; Am. Ord. 10-01, passed 3-9-10)
Statutory reference:
Representation of extraterritorial area, see G.S. § 160A-362
State law as to extraterritorial jurisdiction, see G.S. § 160A-360