For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING PROPERTY. Any property that is adjacent to or contiguous with a subject parcel under these regulations or is located across a road or public right-of-way therefrom.
ALLEY. See STREET.
BUILDING. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals or chattels of any kind. The word BUILDING includes the word “structure”.
BUILDING SETBACK LINE. A line extending through a lot which is parallel to the front property line, and between the BUILDING SETBACK LINE and the property line no building shall be erected.
CITY. The City of Whiteville.
CITY CLERK. The City Clerk of the City of Whiteville.
CITY COUNCIL. The City Council of the City of Whiteville.
CITY MANAGER. The City Manager of the City of Whiteville.
CITY PLANNER. The City Planner of the City of Whiteville.
CROSS WALKWAY. A public pedestrian right-of-way which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
CUL-DE-SAC. See STREET.
DEDICATION. A gift, by the owner, or a right to use 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 for use by the public, a corporation or persons of a strip of land for specified purposes.
EXTRATERRITORIAL JURISDICTION. The area found outside the city limits, yet still in the city’s planning and zoning area. This area is regulated by the city in any planning and zoning issue.
FLOODWAY. The area within the special flood hazard areas identified on the Federal Emergency Management Agency (FEMA) flood boundary and floodway maps as the portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY FRINGE. The area within the special flood hazard areas identified on the FEMA flood boundary and floodway maps as being adjacent to the floodway, within the 100-year floodplain, and inundated by the base flood.
GREENWAY. A linear open space or park left in its natural state which may include paths and trails. In many cases is used as a transportation or recreational facility.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
LOT, CORNER. A lot which abuts the right-of-way of two streets at their intersection.
LOT, WIDTH OF. The width of the lot at the building setback line.
MAJOR THOROUGHFARE. See STREET.
MARGINAL ACCESS STREET. See STREET.
MINOR STREET. See STREET.
MINOR THOROUGHFARE. See STREET.
OPEN SPACE. Any space or area, (including land and water), that is characterized by scenic beauty; or that serves as a wildlife habitat, or whose existing condition, if retained, would maintain or enhance the conservation of natural or scenic resources.
PLANNED DEVELOPMENT. A development that is constructed on a tract of at least ten continuous acres and is under single ownership at the time for conditional use permit application and approval; is developed in accordance with a comprehensive and unified scheme of development covering the entire tract; consists of a single principal use; is otherwise developed according to building height, setback and other regulations applicable to the zoning district, except that the performance standards shall govern uses in a planned industrial development. PLANNED DEVELOPMENTS include the following:
(1) Planned Business Development;
(2) Planned Office and Institutional/Related Retail Development;
(3) Planned Industrial Development;
(4) Planned Mixed Residential/Business Development;
(5) Planned Residential Development;
(6) Planned Residential with Multi-Family Development; and
(7) Planned Manufactured Home Development.
PLANNING AREA. The land located within the corporate limits of the city and within the extraterritorial jurisdiction of the city.
PLANNING BOARD. The Planning Board of the City of Whiteville.
PLAT. A map or plan of a parcel of land which is to be, or which has been, subdivided.
(1) PLAT, MAJOR. A plat for a subdivision which involves the creation of five or more non-residential lots or 20 or more residential lots. A MAJOR PLAT is subject to a quasi-judicial review process as outlined in §§ 155.260 et seq.
(2) PLAT, MINOR. A plat for a subdivision which involves the creation of less than five non-residential lots or less than 20 residential lots. A MINOR PLAT is subject to administrative review.
PRIVATE STREET. An undedicated private right-of-way which affords access to abutting properties. Maintenance for a street of this type is not undertaken by the city. This requires a subdivision streets disclosure statement in accordance with G.S. § 136-102.6.
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.
SHALL. Construed as mandatory and not merely directory.
STREET. A dedicated and accepted public right-of-way for vehicular traffic. STREET includes the following.
(1) ALLEY. A public vehicular way used for providing service access along rear or side property lines of lots which are also served by one of the street types defined below.
(2) CUL-DE-SAC. A short, minor street having one end open to traffic and the other permanently terminated by a vehicular turn-around.
(3) LOCAL RESIDENTIAL STREET. Either cul-de-sacs, loop roads, roads that do not connect thoroughfares or serve major traffic generators.
(4) MAJOR THOROUGHFARE. A street which is used for moving heavy volumes of traffic or high speed traffic, or both, or which has been designated as a major thoroughfare on the “thoroughfare plan”.
(5) MINOR THOROUGHFARE. A minor street of considerable continuity which collects traffic from other “minor streets” to “major thoroughfares”.
(6) RESIDENTIAL COLLECTOR. A road which serves as the connecting street between local residential roads and the thoroughfare system.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a “subdivision” as defined below.
SUBDIVISION. Includes 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. The following shall not be included within this definition nor be subject to the regulations prescribed 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 city, as shown by the regulations prescribed by 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; and
(4) 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 city, as shown by the subdivision regulations contained in this chapter.
(5) 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. Ch. 29.
(a) MAJOR SUBDIVISION. Any subdivision of land into more than three parcels or lots.
(b) MINOR SUBDIVISION. Any subdivision of land into no more than three parcels or lots which does not include the dedication of any roads, public or private, or public utilities.
THOROUGHFARE PLAN. The thoroughfare plan adopted by the city and the State Highway Commission as the basis for the development of the street and highway system in the city.
(2009 Code, § 154.03) (Ord. passed 5-1-1972; Ord. passed 9-12-1995; Ord. 2021-Z-19, passed 6- 22-2021)