§ 15-1. Definitions  


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  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Alley shall mean a minor right-of-way privately or publicly owned, primarily for service access to the back or side of properties.

    Block shall mean a piece of land bounded on one (1) or more sides by streets or roads.

    Buffer strip shall mean a solid fence, wall, street, or a planted strip at least five (5) feet in width composed of deciduous and/or evergreen trees spaced not more than ten (10) feet apart, and not less than one (1) row of dense shrubs spaced not more than five (5) feet apart, which shall be established and maintained in perpetuity by the owner of property whenever required under the terms and provisions of this chapter.

    Building setback line shall mean a line parallel to the front property line in front of which no structure shall be erected.

    Corner lot shall mean a lot which abuts the right-of-way of two (2) streets at their intersection.

    Dedication shall mean 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.

    Double frontage lot shall mean a continuous through lot which is accessible from both streets upon which it fronts.

    Easement shall mean a grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons.

    Half street shall mean a street whose centerline coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat and also, any existing street to which the parcel of land to be subdivided abuts on only one side.

    Lot shall mean a portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both.

    Lot of record shall mean a lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds of New Hanover County 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 types:

    Corner lot shall mean a lot located at the intersection of two (2) 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 one hundred thirty-five (135) degrees.

    Interior lot shall mean a lot other than a corner lot with only one (1) frontage on a street.

    Through lot or a double frontage lot shall mean a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.

    Reversed frontage lot shall mean a lot on which the frontage is at right angles (interior angle less than one hundred thirty-five (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 shall mean 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.

    Open space shall mean an area, land and/or water generally lacking in manmade structures and reserved for enjoyment in its unaltered state.

    Phase shall mean a stage in the development of a portion of contiguous parcels of land. Such phase shall be a part of a total project.

    Planned unit development shall mean the planned unit development is a permitted use designed to provide for developments 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 effecting the long-term value of the entire development.

    Plat shall mean a map or plan of a parcel of land which is to be or has been subdivided.

    Private driveway shall mean a roadway serving two (2) or fewer lots, building sites or other division of land and not intended to be public ingress or egress.

    Private street shall mean an undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. section 136-102.6.

    Recreation area or park shall mean an area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features that accommodate such activities.

    Street shall mean a dedicated and accepted public right-of-way for vehicular traffic.

    Types of streets:

    Principal arterial shall mean a rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designed as principal arterials.

    Minor arterial shall mean a rural link in a network joining cities and larger towns and providing intrastate and intercounty service at relatively high (55 mph) overall travel speeds with minimum interference to through movement. This network would primarily serve traffic.

    Major collector shall mean a road which serves major intracounty travel corridors and traffic generators and provides access to the arterial system.

    Minor collector shall mean a road which provides service to small local communities and links with locally important traffic generators with their rural hinterland.

    Local road shall mean a local road serves primarily to provide access to adjacent land and for travel over relatively short distances.

    Major thoroughfares shall mean major thoroughfares consist of Interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.

    Minor thoroughfares shall mean minor thoroughfares are important streets in the city system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through-traffic movement and may also serve abutting property.

    Local street shall mean a local street is any link not a higher-order urban system and serves primarily to provide direct access to abutting land and access to higher systems. It offers the lowest level or mobility and through traffic is usually deliberately discouraged.

    Cul-de-sac shall mean a cul-de-sac is a short street having but one end open to traffic and the other end being permanently terminated and a vehicular turn-around provided.

    Frontage road shall mean a frontage road is a local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.

    Alley shall mean a strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

    Expressway shall mean an expressway is a divided street or road which serves through traffic with full or partial control of access and generally with grade separations at intersections; however, infrequent at-grade crossings may be permitted.

    Freeway shall mean a freeway is a divided street or road which serves through traffic with full control of access and with grade separations at intersections.

    Subdivider shall mean any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

    Subdivision shall mean all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development whether immediate or future and includes all division of land involving the dedication of a new street or a change in existing streets. The following is not included within this definition and is not 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 (10) 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 no greater than two (2) acres into not more than three (3) 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.

(Ord. of 9-15-81, §§ 501, 502; Ord. of 12-18-84)

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Definitions and rules of construction generally, § 1-2.