§ 2-3. Definitions.

Access easement. An easement that grants the right to cross property. Access easements that are platted as an alternative to access to a public or private street must meet the conditions and design standards delineated in section 4-3.4.1(D).

Administrator. The person/office authorized by section 1-12 who is responsible for administering and enforcing this ordinance.

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

Amenity. Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as a unified building design, recreational facility (e.g., a swimming pool and pool house, tennis courts, club house, etc.), security systems, views, landscaping and tree preservation, or attractive site design.

Approved water system. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. [Taken from State Fire Code Section 508.1 Required water supply.]

Area of environmental concern (AEC). Areas of an environmentally sensitive nature designated by the North Carolina Coastal Resources Commission as required under the Coastal Area Management Act of 1974.

Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.

• Non-structural BMPs: Non-engineering methods to control the amount of non-point source pollution. These may include land-use controls and vegetated buffers.

• Structural BMPs: Engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from a waterbody.

Block. The land lying within an area bounded on all sides by streets, railroads, public parks, bodies of water, or a combination thereof.

Board of county commissioners. The board of county commissioners of Carteret County, North Carolina.

Buffer strip. An area reserved, in accordance with the provisions of section 4-13, by the subdivider and delineated on a subdivision plat for the planting of trees and shrubs by future lot owners.

Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a firewall shall be considered a separate building

Building setback line. A line establishing the minimum allowable distance between the principal building and the road right-of-way line or the property line.

CAMA. Coastal Area Management Act.

Central water system. A water system that supplies water under pressure through pipes to more than two dwelling units and/or businesses.

Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments.

Code enforcement official. The fire chief, fire marshal, code enforcement officer, or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or a duly authorized representative.

Collector street. A street whose principal function is to carry traffic between cul-de-sac, local, and subcollector streets, and streets or roads of higher classification, but which may also provide direct access to abutting properties.

Common area(s). All areas, including private streets, conveyed to an owners' association within a development, or owned on a proportional undivided basis in a condominium development.

Condominium. Portions of real estate which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Corner lot. A lot abutting upon two or more streets at their intersection.

Cul-de-sac street. A short local street or road having one end open to traffic and the other end permanently terminated by a vehicular turnaround.

Declaration of unit ownership. A duly recorded instrument by which property is submitted to the provisions of NCGS 47A.

Dedication. A gift by a property owner to another being received for the transfer. The dedication is made by written instrument and is completed with a written acceptance.

Developer. A person engaging in development.

Double frontage lot. A lot having frontage on two parallel or approximately parallel streets.

Drainage easement. An easement which grants the right of water drainage to pass in open channels or enclosed structures.

Drainageway. Any natural or man-made channel that carries surface runoff from precipitation.

Dwelling. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided therein and built according to the provisions of the NC Residential Building Code. Units in dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents are not dwelling units.

Dwelling, multi-family. A building on one lot arranged and designed to be occupied by three or more families living independently of each other.

Dwelling, single-family. A building arranged and designed to be occupied by one family.

Dwelling, townhouse. A single-family attached dwelling, dwelling situated on its own individual lot, generally within a development containing drives, walks, and open space in common areas. Ownership is passed in fee-simple subject only to party wall rights by agreements set forth in the restrictive covenants.

Dwelling, two-family (duplex). A building on one lot arranged and designed to be occupied by two families living independently of each other.

Easement. A grant by the property owner for use by the public, corporation, or person(s), of a strip of land for specified purposes.

Extraterritorial jurisdiction (ETJ). That portion of a municipal planning jurisdiction that lies outside of the corporate limits of the municipality.

Family subdivision. The division of a tract of land approved by the planning commission into no more than three new lots for the purpose of creating lots to be deeded to immediate family members and for the purpose of providing access to those lots by an alternative means of access as authorized in section 4-3.4.1(E). Immediate family is defined as direct lineal descendants (children, grandchildren, and great grandchildren) and direct lineal ancestors (father, mother, grandfather, and grandmother). To qualify as a family subdivision, the property owner must provide proof that ownership of the tract to be subdivided has been in continuous ownership for a minimum of 15 years.

Financial guarantee. Any form of security, including a cash deposit, collateral, property, or instrument of credit, in an amount and form approved by Carteret County for use in place of actual construction of required subdivision improvements. Also referred to as "surety."

Flag lot. A lot that is composed of a narrow "flagpole" strip extending from the street and much wider "flag" section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a flag lot, the lot line at the end of the flag pole lying generally parallel to the street to which the flagpole connects shall be considered to be the front lot line for setback purposes. Flag lots must meet the conditions and design standards delineated in section 4-3.4.1(B).

Flood prone areas. Areas indicated on the flood insurance rate maps of the National Flood Insurance Program to be susceptible to inundation during a 100-year flood. In the absence of 100-year flood data, other flood data may be used if approved by the National Flood Insurance Program.

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

Group housing. A series of one or more buildings designed for multi-family use.

Historical access. An access way that is referenced in a deed and shown on a recorded survey. In accordance with the provisions of [subsection] 4-3.4.1(E)(3), an historical access must have been in use for a minimum of 20 years to qualify as an acceptable means of alternative access in a family subdivision.

Interior lot. A lot other than a corner lot.

Local street. A street or road whose primary function is to provide access to abutting properties.

Loop street. A street or road that has only ingress and egress at two points on the same street.

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. In determining the area and dimensions of a lot, no part of the right-of-way of a street or road may be included. The word "lot" includes "plot," "parcel," or "tract."

Lot area. The total area circumscribed by boundaries of a lot except that when the legal instrument creating a lot shows the boundary of the lot extending into a public street or private right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street.

Lot coverage. The portion of a lot covered by building(s) and/or structure(s).

Lot depth. The distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the lot.

Lot frontage. The length of the front lot line measured at the street right-of-way line.

Lot of record. A lot, plot, parcel, or tract recorded in the Office of the Carteret County Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation or a lot described by metes and bounds, the description of which has been recorded prior to the adoption of this ordinance.

Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

Low-impact development. An approach to land development that uses various land planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. Examples included, but not limited, to dry retention ponds, wet detention ponds, wet detention with filtration ponds, bio-retentions, dry wells, infiltration trenches, filter/buffer strips, vegetated swales, infiltration swales, wet swales, rain barrels, and cisterns.

Major thoroughfare street. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major streets or roads that provide for the expeditious movement of high volumes of traffic within and through urban areas.

Major subdivisions. A subdivision involving six or more lots.

Manufactured home. A dwelling unit, designed for use as a permanent residence, that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site.

Manufactured home park. Any single parcel of land upon which three or more manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

Manufactured home subdivision. A residential subdivision containing manufactured homes situated on their individual lot.

Marginal access street. A service street or road that runs parallel to a major thoroughfare, minor thoroughfare, or collector street that, for purposes of safety, provides access to abutting properties and separation of through traffic.

Minimum requirements. All sizes, setbacks and other requirements of this ordinance are minimum requirements and may be increased.

Minor subdivisions. A subdivision involving five lots or less.

Minor thoroughfare street. Minor thoroughfares collect traffic from collector, subcollector, and local streets or roads and carry it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property.

Modular home. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two or more sections, or a series of panels or room sections erected or joined together on the site.

Non-amenity structure. A structure that is not an amenity to the development (e.g., well house, development sign, dog houses, etc.).

Nonconforming structure. A building or structure that lawfully existed prior to the initial adoption of the subdivision regulations on September 5, 1961 or any subsequent amendments.

Official maps and plans. Any maps and plans officially adopted by the county commissioners as a guide for development in Carteret County.

Open space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment.

Owner. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.

Owners' Association. An organization of homeowners or property owners owning real property, residing, or operating a business within a particular subdivision or development whose major purpose is to maintain and provide community facilities, services, or land for common use of the residents or property owners of the subdivision or development.

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

Planned unit development (PUD). A permitted use designed to provide developments incorporating a single type or a variety of residential and related uses that are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common open space must be an element of the plan related to affecting the long-term value of the entire development.

Planning commission. The County of Carteret Planning Commission.

Planning department. The Carteret County Department of Planning and Inspections.

Planning director. The director of the Carteret County Department of Planning and Inspections.

Plat. A surveyed map or plan of a parcel of land which is to be, or which has been, subdivided.

Plat, final. The final map of all or a portion of a subdivision or site, showing the boundaries and location of lots, streets, easements and any other requirements of Appendix A, which is presented for county approval and subsequent recordation in the Carteret County Register of Deeds Office.

Plat, preliminary. A map indicating the proposed layout of the subdivision or site showing lots, streets, water, sewer, storm drainage, and any other requirements of Appendix A, which is presented for preliminary approval.

Principal building. A building in which is conducted the principal use of the buildable lot on which it is located or, in a group housing development, of the building site on which it is located.

Private drive. A vehicular travelway not dedicated or offered for dedication as a public street, providing access to parking lot(s) for two or more principal buildings in a group housing development.

Private lane. A vehicular travelway not dedicated or offered for dedication as a public street, providing access to not more than ten residential parcels. Private lanes must meet the conditions and design standards delineated in section 4-3.4.1(C).

Private sewer. A system which provides for collection and/or treatment of wastewater from a development, or property, and which is not maintained with public funds.

Private street or road. A vehicular travelway not dedicated or offered for dedication as a public street, but resembling a cul-de-sac or a local street by carrying traffic from a series of driveways to the public street system. Private streets must meet the design standards delineated in section 4-4.7. The platting of such streets requires a Subdivision Streets Disclosure Statement in accordance with NCGS 136-102.6.

Private water. A system which provides for the supply and/or distribution of potable water for use by a development, project, or owner, and which is not operated or maintained by a government organization or utility district.

Public sewer. A system which provides for the collection and treatment of sanitary sewage from more than one property, and is owned and operated by a government organization or sanitary district and is approved by the Environmental Management Division of the NC Department of Environment and Natural Resources.

Public street or road. A dedicated public right-of-way for vehicular traffic which (1) has been accepted by the NCDOT for maintenance; or (2) is not yet accepted but in which the roadway design and construction have been approved under public standards for vehicular traffic.

Public water. A system which provides distribution of potable water to fifteen or more service connections or which serves 25 or more customers on a regularly basis, is owned and operated by a government organization or utility district, and is approved by the Environmental Management Division of the NC Department of Environment and Natural Resources.

Recreational 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 manmade features that accommodate such activities.

Recreational vehicle (travel trailer/camper). A vehicle which is built on a single chassis, designed to be self-propelled or permanently towable by a light duty vehicle, and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Reservation. An obligation shown on a plat to keep property free from development for a stated period of time or indefinitely. It is not a dedication nor a conveyance.

Reverse frontage lot. A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.

Setback. The minimum required horizontal distance between a structure or activity and the property line or the street or road right-of-way line.

Setback, front. Any setback from a street or road.

Setback, interior. A setback from any property line not alongside a street or road.

Setback, rear. A setback from an interior property line lying on the opposite side of the lot from the front street or road setback.

Setback, side. Any interior property line setback other than a rear setback.

Setback, side corner. A street or road setback on a corner lot other than a front setback. For purposes of this ordinance, the administrator shall determine which setback is the front setback.

Sight distance area, horizontal. The area formed by extending lines from the point of intersection of intersecting streets along the centerline of such streets for a distance of forty feet and connecting the ends of such lines by a straight line to form the base for a triangle. Each of the two sides of the triangle will be forty feet in length.

Sight distance area, vertical. The area between three feet and ten feet above the horizontal area measured from the level of the point of intersection of the centerlines of the intersecting streets.

Sight distance easement. An easement which grants to the NCDOT the right to maintain unobstructed view across property located at a street or road intersection.

Storm drainage facilities. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

Stormwater runoff. The direct runoff of water resulting from precipitation in any form.

Street or road. A dedicated and accepted public right-of-way for vehicular traffic.

Street or road right-of-way. A strip of land occupied or intended to be occupied by a travel way for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines and communication lines.

Structure. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including buildings, fences, and signs.

Subdivider. Any person, firm, corporation or duly authorized agent who subdivides or develops any land deemed to be a subdivision as defined herein.

Subdivision. Any division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development, whether immediate or future, and shall include any division of land involving the dedication of a new street or a change in an existing street; but the following shall not be included within this definition or be subject to the regulations established within:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as delineated in this subdivision ordinance;

(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, the entire area of which 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 county as delineated in this subdivision ordinance.

Thoroughfare plan. A plan adopted by the board of county commissioners for the development of existing and proposed major streets or roads that will adequately serve the future travel needs of an area in an efficient and cost effective manner.

Through lot. A lot abutting two streets that do not intersect at the corner of the lot.

County. The County of Carteret, North Carolina.

Townhouses. A group of single-family attached dwellings, each dwelling situated on its own individual lot, generally within a development containing drives, walks, and open space in common areas. Ownership is passed in fee-simple subject only to party wall rights by agreements set forth in the restrictive covenants.

Townhouse lot. A parcel of land intended as a unit for transfer of ownership, and lying underneath, or underneath and around, a townhouse, patio home, or unit in a nonresidential group development.

Tract. All continuous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at one time.

Utility easement. An easement which grants to the County of Carteret or other utility provider the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.

Variance. Official permission from the planning commission to depart from the requirements of this ordinance (see section 1-10).

(Amd. of 10-18-04; Amd. of 1-22-07(1); Amd. of 3-19-07(1); Amd. of 5-7-07(1); Amd. of 5-7-07(2); Amd. of 5-7-07(3); Amend. of 11-16-15(1))