VII. - DEFINITION OF TERMS

A.

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

B.

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

C.

Exemption: A deviation from the terms of the subdivision ordinance which is approved by a simple majority of planning board members in attendance at the meeting at which the exemption is considered. Exemptions are allowed only when specifically provided for or allowed by the City of Southport Subdivision Ordinance.

D.

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 words "plat," "parcel" and "plot."

E.

Lot, double frontage: A continuous (through) lot which is accessible from both of the streets upon which it fronts.

F.

Official maps or plans: The Southport Land Use Plan, major thoroughfare plan, or any other plans officially adopted by the board of aldermen as a guide for the development of Southport and its surrounding area.

G.

Planning board: The Planning and Zoning Board of Southport, North Carolina, officially named "The Southport Planning Board."

H.

Shall: The word "shall" is always mandatory and not merely directory.

I.

Street:

1.

Major thoroughfare: A street designed to carry heavy volumes of through traffic at fast speeds and which may have access from another street but not from abutting properties.

2.

Minor thoroughfare: A street which carries traffic from minor streets to the system of major thoroughfares.

3.

Minor street: A street which is used primarily for access to the abutting property.

4.

Cul-de-sac: A short minor street designed to have one end permanently closed; the closed end terminated by a vehicular turnaround.

5.

Local service street: A minor street which is immediately adjacent to and which parallels a major street or highway, and which provides access to abutting properties and protection from high speed, through traffic.

J.

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

K.

Subdivision: A "subdivision" shall include 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; provided, however, that the following shall not be included within this definition nor be subject to any regulations prescribed by this ordinance.

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 ordinance.

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.

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 city as shown by the subdivision regulations contained in this ordinance.

5.

The conveyance of land to heirs for the purpose of dividing real estate among said heirs as described in Williamson vs. Avant, 21 N.C. App. 211. A gift of land by an owner to an immediate member of his or her family when not for the purpose of building development, that is development of more than one lot or parcel for the construction of dwelling houses or other buildings and only for the purpose of the construction of a private dwelling house by the grantee, family member, shall not be a division of land for the purpose of sale or building development within the meaning of these regulations.

L.

Variance: A departure or deviation from the design requirements of the subdivision ordinance necessitated by topographic or other existing physical conditions which make compliance with the requirements of this ordinance an unusual and unnecessary hardship on the subdivider. Such variances shall be approved only with two-thirds ( 2/3 ) affirmative vote of all planning board members.