(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A minor right-of-way privately or publicly owned, primarily for service access to the rear or side of properties.
BLOCK. A piece of land bound by one or more streets, bodies of water, railroads, or other physical barriers.
BOARD OF ADJUSTMENT. The town’s Board of Aldermen shall act as a quasi-judicial Board of Adjustments.
BOARD OF ALDERMEN. The town’s Board of Aldermen.
BUFFER STRIP. A spatial separation, features include, but not limited to, earthen berms, water bodies, fences, and walls if of solid construction, combinations of shrubs and trees for visual impairment, or combination of the above. BUFFER STRIPS shall not be dedicated to or accepted by a governmental unit, as they are strictly private features of a subdivision, excepting in such special circumstances as the Board of Aldermen may determine that the public purpose and public interest is best met by acceptance of an offer of dedication. In order to plat BUFFER STRIPS, adequate plat language over ownership, use and use rights, and maintenance responsibilities shall be required.
BUILDING SETBACK LINE. A line parallel to the front property line beyond which no structure shall be erected. SETBACKS shall be calculated from the right-of-way line.
CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
CUL-DE-SAC. A street closed at one end, being 45 feet in width, but at said end having a provision for convenient turnaround maneuvering of vehicles.
DEDICATION. An appropriation of land to some public use made by the owner thereof and accepted for such use by or on behalf of the public. Because a transfer of property rights is entailed, DEDICATION must be made by written instrument, land when the gift is for a public purpose, must be in fee simple. A DEDICATION is accomplished by an acceptance from the Board of Aldermen.
EASEMENT. A grant by the property owner or subdivider of a parcel of land for specified purpose(s) and use by a political subdivision, franchised public utility company, or an agent authorized by either, for any lawful purpose including, but not limited to, installation and maintenance of utilities, ingress or egress, and drainage of lands.
FUNCTIONALLY OBSOLETE. Reduced desirability and usefulness of a structure because its design and construction have become obsolete; not in keeping with modern needs.
IMMEDIATE FAMILY. The following relationships, whether by birthright or adoption: mother; father; son; daughter; grandmother; grandfather; grandson; granddaughter; mother-in-law; father-in-law; son-in-law; and/or daughter-in-law.
INTERIOR LOT or 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.
LOCAL ROAD/STREET. A road with a 45-foot width right-of-way that serves primarily to provide access to adjacent land and for travel over relatively short distances.
LOT. Any portion, piece, division, or parcel of land intended as a unit for transfer of ownership, or for development, or both. Lot depth and lot width shall be determined by the definition of lot depth and lot width as defined in this chapter.
LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.
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 prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot measured parallel to a line established by joining the foremost points of the side lot lines and at half the depth of the lot.
MAJOR SUBDIVISION. Any subdivision of land into six or more lots, or that which does not meet the definitional requirements of a minor subdivision.
MINOR SUBDIVISION. The division of a tract of land into not more than five lots. Only one MINOR SUBDIVISION will be permitted from an existing parcel of land within a one-year period. All lots in a MINOR SUBDIVISION shall have easements for streets, rights-of-way, whether public or private, that are at least 30 feet in width.
MINOR EXPEDITED SUBDIVISION. The division of one existing parcel of land under single ownership that is not exempt per G.S. § 160D-802(a):
(a) Where no part of the tract or parcel to be divided has been divided in the ten years prior to the proposed division;
(b) The entire area of the tract or parcel to be divided is greater than five acres;
(c) After division, no more than three lots result from the division and all resultant lots comply with all lot dimension size requirements of the applicable zoning district and the use of the lots is in conformity with the applicable zoning district; and
(d) A permanent means of ingress and egress is recorded for each.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Board of Aldermen as a guide to the physical development of the town.
OPEN SPACE. An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment in its unaltered state.
PLAN. Any document and approved program of recommended action, policy intention, and the like, 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.
PLANNED UNIT DEVELOPMENT. A permitted use designed to provide for development 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 or affecting the long-term value of the entire development.
PLANNING BOARD. The town’s Planning Board acts as an advisory to the town’s Board of Adjustments and may administer adjustments up to 10% in variations of the stated code. Adjustments beyond 10% must be approved by the town’s Board of Adjustments. The PLANNING BOARD is made up of two members of the Board of Aldermen and three members of the community appointed by the Board of Aldermen.
PLAT. A map, plan, or plat of a parcel of land:
(a) Whether such map, plan, or plat be in the form of a plat map sufficient so as to meet all requirements for recordation in the public registry;
(b) Whether the map, plan, or plat be an exhibit to, or citation in, any other document sufficient so as to meet all requirements for recordation in the public registry; or
(c) Whether it be any description of a parcel of land by metes and bounds if said metes and bounds are derived from a map or plan or plat of a parcel of land otherwise subject to the provisions of this chapter.
PRE-EXISTING STRUCTURE. A structure for the purpose of a single-family dwelling that was constructed prior to the approval of the town’s Minor Subdivision Ordinance effective on November 8, 2010.
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 and requires a subdivision street disclosure statements in accordance with G.S. § 136-102.6.
PUBLIC SEWAGE DISPOSAL SYSTEM. A wastewater treatment system serving two or more dwelling units and approved by the County Health Department or the state’s Department of Natural and Economic Resources, Division of Environmental Management, or appropriate agent of the state.
PUBLIC STREET. A public right-of-way which affords access to abutting properties and when such rights-of-way are designated as public, it shall be presumed to be an offer of dedication to the public. All PUBLIC STREETS shall be designed and constructed as to meet minimum right-of-way and construction standards for acceptance into the state secondary roads system in accordance with G.S. § 136-102.6(c). The following classification shall apply.
(a) MINOR COLLECTOR. A road which provides services to small local communities and links locally important traffic generators with their rural hinterland.
(b) THOROUGHFARE. A right-of-way of minimum 60 feet which connects to a S.R., N.C., or U.S. designated roadway and is the major road for ingress and egress to a major subdivision.
PUBLIC WATER SUPPLY. Any water supply furnishing potable water to one or more residences or businesses, or combination of residences or businesses. Approval by the Sanitary Engineering Division State Board of Health, Department of Human Resources, or appropriate agent of the state.
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 such activities.
RESERVATION. An identification of land for development at a future date.
RESERVE STRIP. A strip of property for the purpose of denying traffic, utility, or other such connections, transfers, or flows between two pieces of property. Such strips are prohibited.
REVERSED FRONTAGE LOT. A lot on which the frontage is at right angle 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.
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.
STRUCTURE. Anything built, erected, or constructed that is walled or roofed or a gas or liquid storage tank that is primarily above ground. STRUCTURE does not include swimming pools, utility poles, fences, uncovered patios and decks.
SUBDIVIDER. Any person, firm, or partnership, or corporation which subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of any single tract or parcel of land into two or more lots, buildings sites or other divisions 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 these definitions, nor be subject to any regulations enacted pursuant to this chapter:
(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 town as shown in this chapter;
(b) 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 the widening or opening of streets;
(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 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; and
(e) 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. Chapter 129.
TOWN. The Town of Varnamtown, a municipal corporation of the state.
WATERFRONT LOT. Land abutting a river.
(B) Word interpretations. For the purpose of this chapter, certain words shall be interpreted as follows:
(1) Words used in the present tense include the future tense;
(2) Words used in the singular number include the plural;
(3) Words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise;
(4) The “person” includes firm, association, partnership, corporation, trust and company, as well as individual;
(5) The word “structure” shall include the word “building”;
(6) The word “lot” shall include the words “plot”, “parcel”, or “tract”;
(7) The word “shall” is always mandatory;
(8) The word “may” is permissive; and
(9) The word “used for” shall include the meaning “designed for”.
(Ord. passed 11-8-2010; Ord. passed 5-11-2021; Ord. passed 8-9-2021)