§ 66-4. Definitions.
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:
Accessory apartment means a secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.
Accessory building means a subordinate structure detached from but located on the same lot as the principal building. The term "accessory buildings" includes, but is not limited to, garages, outbuildings, accessory apartments (detached) and carports (detached). This does not include fences, dish antenna or swimming pools.
Accessory use means a use that is incidental and subordinate to that of the principal building or use of land and that is located on the same lot as the principal use.
Adult bar, topless bar and nude bar mean a commercial enterprise open to the general public without a fee or by payment of a cover charge or membership fee and licensed to sell any alcoholic beverage, providing personal services, such as bartenders or waiters/waitresses, or entertainment by paid employees, customers or unpaid participants, which involve exposure completely, or less than completely or opaquely covered, of human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.
Adult bookstore means an establishment, having as a substantial and significant portion of its stock in trade, books, magazines and other periodicals, and motion picture films which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specific anatomical areas, as defined in this section, or any establishment trading in such books, magazines or other periodicals or motion picture films which limits its customers to persons over 18 years of age.
Adult day care facility means a center or place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five, but not more than 50 adults, 18 years of age or more, for more than four hours per day, but not to exceed 24 hours at one time. Services must be provided in a home or facility certified to meet state standards and shall be provided for the following individuals:
(1)
Adults who do not need nursing care, but who require complete, full-time supervision during the day;
(2)
Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; and
(3)
Adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to institutionalization.
Adult establishment means an adult bookstore, adult motion picture theater, adult bar, topless bar, nude bar or a massage business, as defined in this section.
Adult motion picture theater means an enclosed building or drive-in facility used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein, or an establishment used for presentation of such motion pictures which limits its customers to persons over 18 years of age.
Age-restricted development means a housing development in which at least 80 percent of the occupants are 55 years of age or older and the development conforms with the provisions of the Housing for Older Persons Act of 1995 (HOPA).
Alley means a strip of land owned publicly or privately, set aside primarily for vehicular service access to the rear or side of property otherwise fronting on a street of a higher classification.
Antenna means any accessory structure which shall be one or any combination of the following:
(1)
Dish antenna, CBs and shortwave antenna, the purpose of which is to receive communications of other signals from orbiting satellites and/or other extraterrestrial sources;
(2)
A low noise amplifier which is situated at the focal point of the receiving component and the purpose of which is to magnify or transfer signals.
Antenna element replacement shall mean the replacement of any part or all an antenna or antenna array with a model of the same manufacturer and model type or close specification.
Apartment means a room, or suite of two or more rooms, which is designed or intended for occupancy by, or which is occupied by, one family.
Applicable codes means the N.C. State Building Code uniform fire, building, electrical, plumbing or mechanical codes adopted by a recognized national code organization together with state, Brunswick County or town amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
Appurtenance feature means a visible, functional, or ornamental object or structure that is accessory to the principal structure on a lot. This does not include any element that is necessary for the structural integrity of the principal building or to make said structure habitable. This does not include accessory buildings.
Assisted living facility.
(1)
The term "assisted living facility" means a facility consisting of independent and multi-unit housing units with services, each individual unit occupied by not more than two residents per dwelling unit, at least one of whom is 55 years of age or older; said facility shall have available on-site passive and active recreational facilities, supervised and unsupervised activities, housekeeping assistance, and full-time medical personnel to provide medical services, including, but not limited to, dietary and nutritional assistance and nursing care. The term "assisted living facility" shall include the term "assisted living residence" as defined in G.S. 131D-2.1(5).
(2)
For the purposes of this chapter, no facility offering independent dwelling units for habitation by those who are not resident staff to the facility, shall be considered an assisted living facility. For the purposes of this definition, an independent dwelling unit shall be any unit designed for human habitation which contains facilities for sleeping, bathing, and kitchens or food preparation areas consisting of a device for warming food, a sink to wash dishes and utensils, and a refrigerator.
Assisted living residence shall have that meaning as set forth in G.S. 131D-2.1(5).
Automotive care center.
(1)
The term "automotive care center" means two or more automotive care uses planned and constructed as a single unit, where the following uses and activities associated with each would be permitted:
a.
Auto parts store;
b.
Muffler shop;
c.
Transmission shop;
d.
Tune-up shop;
e.
Lubrication shop;
f.
Auto trim and detail shop;
g.
Tire store with service, including alignment;
h.
Brake shop.
(2)
Uses permitted do not include major mechanical and body work, straightening of body parts, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in facilities of this type. An automotive care center could also be a garage for the general repair of automobiles.
Bar means an establishment primarily engaged in the sale of alcoholic beverages for consumption on the premises, including nightclubs, private clubs, pubs, taverns, or wine bars, which do not qualify as a restaurant or eating establishment pursuant to G.S. ch. 18B. A "bar" as defined herein shall not include an adult bar, topless bar and nude bar as defined in this section.
Base station means a station at a specific site authorized to communicate with mobiles stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.
Bed and breakfast means a home occupation defined as a form of guest lodging in which bedrooms are rented and breakfast is served. Bed and breakfast accommodations may only be provided in buildings principally used as private residences, or in accessory structures meeting the requirements of this chapter. Such term is intended to describe the offering of temporary lodging in a private home having architectural and historic interest, rather than the provision of food service or the offering of facilities for long-term occupancy, such as provided by boardinghouses, inns and similar guest lodging.
Boardinghouse and rooming house mean a dwelling in which more than three persons, either individually or as families, are lodged or housed for compensation, with or without meals. A rooming house or a furnished rooming house shall be known as a boardinghouse.
Boat building means the manufacturing, assembling or partial assembling from parts and other materials, boats, watercraft or vessels, to construct a floating vessel. Such term shall also include the storage of materials and supplies intended for use in the boat building process. However, such manufacturing and assembling of boats or vessels intended for one's personal use shall not be included in such definition.
Body piercing means the puncturing or penetration of the skin of a person using pre-sterilized single use needles and the insertion of pre-sterilized jewelry or other adornment thereto in the opening. Further, this definition of body piercing means the practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, branding and scarification. This definition does not include practices that are considered medical procedures such as implants under the skin. Practices recognized as medical procedures by the state medical board shall not be performed in a body piercing establishment. Nor does this definition include, for the purposes of this chapter, piercing of the lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.
Bollard means a vertical post designed and used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic.
Bona fide farm means any tract of land containing at least three acres which are used for the dairying or raising of agricultural products, forest products, livestock or poultry and including facilities for the sale of such products on the premises where they were produced.
Buffer. See Screening buffer.
Building means any structure, enclosed and isolated by exterior walls, constructed or used for a residence, business, industry or other public or private purpose.
Building, accessory, means a subordinate building, the use of which is incidental to that of a principal building on the same lot or accessory thereto, and including tents, lunch wagons, dining cars, traders, fences, greenhouses and similar structures, whether stationary or movable.
Building height means the vertical distance from the natural grade or finish grade, whichever results in the lower height, measured to the topmost point of the roof, provided that chimneys shall not be included in the building height. Decorative roof elements, including, but not limited to, widow walks, cupolas, and railings shall not be included in the maximum building height as long as these structures do not exceed ten feet above the highest point of the ridge of the roofline.
Building inspector means the official or other designated authority charged with the administration and enforcement of the state building code.
Building line means the line, established by law, beyond which a building shall not extend, except as specifically provided by law.
Building, principal, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which the structure is situated.
Business residence means a residential unit contained within a principal use, provided that:
(1)
The residential unit may be occupied solely by the person engaged in the principal use or a full-time employee and his family members residing with him;
(2)
The site shall provide an area of open space unobstructed by any building, parking or structure equal to the total floor area of the residential unit;
(3)
The amount of floor area for the residential unit shall not be more than 50 percent of the total floor area of the principal use;
(4)
The residential unit shall be located totally above the ground floor or the area of the principal use so as not to interrupt the commercial frontage; and
(5)
In addition to the required off-street parking for the principal use, two off-street parking spaces shall be provided for the residential unit.
Camp includes organized camp establishments which provide food, lodging accommodations or cabins for groups of children or adults engaged in organized recreational or educational programs. The term "camp" may include special program emphasis, such as horseback riding, conservation, music or sports. The term "camp" shall not include trailer or mobile home courts, migrant labor camps and travel trailer parks.
Cattle means animals of the ox family, raised for meat, milk or hides. Cattle are designated as cows, bulls, steers, heifers, calves and oxen.
Certificate of occupancy/compliance means a statement signed by an administrative officer authorized by the town council, setting forth that the building, structure or use complies with this chapter, and that the building, structure or use may be used for the purpose stated in this chapter.
Certiorari means an appellate proceeding which brings into superior court or other appropriate forum the record of administrative, judicial or quasi-judicial actions for the purpose of either reexamining the action taken by the inferior body to determine the appropriateness of the action or to obtain further information in the pending case.
Chicken hatchery means any establishment that operates hatchery equipment for the production of baby chicks or poults for sale, either wholesale or retail, and a hatching eggs dealer, chick by hatching egg, baby chicks or turkey poults and sells or offers them for sale. The terms "mixed chicks" and "assorted chicks" mean chicks produced from eggs from purebred females of a distinct breed marked to a purebred male of a distinct breed.
Child day care center means a place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five children. The term "child day care center" shall include a facility for the care and/or education of preschool children, including kindergartens.
Child day care home means a home or facility wherein at least two, but not more than five, children receive care away from their own home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The facility must operate 12 hours per day or less. All children, other than the children of the operator, must be counted. Child day care homes shall be considered home occupations. The operator of the home must reside on the premises. The home must meet applicable requirements of the state building code and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding one square foot in size, advertising the home, shall be permitted. The operation of the home shall comply with all federal, state and local codes and shall be permitted by right in all residential districts.
Church means a building used by persons who regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public or private worship.
Civic operations center means an operation located in a building between 20,000 square feet and 45,000 square feet that is operated by not-for-profit organizations dedicated to public use in the area of education, recreation, government, and municipal services.
Civic service club means an incorporated or unincorporated association for civic, social, cultural, fraternal or like activities operated on a nonprofit basis for the benefit of its members, and recognized as a nonprofit organization by the state.
Club or lodge, private, means an establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business.
Code enforcement officer (synonymous with zoning officer, code enforcement administrator, enforcement officer, zoning administrator, etc.) means the town-appointed official responsible for the enforcement of this chapter and for the review of building permit applications to ensure compliance with the provisions of this chapter and any other assigned codes or local laws.
Collocation means the placement, installation, maintenance, modification, operation or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
Common open space means a parcel of land or an area of water, or a combination thereof, within the boundaries of the development, which is designated and intended for the leisure and recreational use of the areas. Common open space shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development.
Communications facility means the set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.
Communications service means cable service as defined in 47 U.S.C. § 522(6) (The one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service), and information service as defined in 47 U.S.C. § 153(24) (The term "information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service), and telecommunications service as defined in 47 U.S.C. § 153(53) (The term "telecommunications service" means the offering of telecommunications for a fee directly to the public.)
Communications service provider means a cable operator as defined in "communications service" and 47 U.S.C. § 522(5); a provider of information service, as defined in "communications service" and 47 U.S.C. § 153(24); a telecommunications carrier, as defined in "communications service" and in 47 U.S.C. § 153(51); or a wireless provider.
Community center means a new or existing facility that is owned or operated by a nonprofit group from the community for noncommercial activity.
Condominium (unit ownership) development means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of such portions, organized and recorded in compliance with the North Carolina Condominium Act (G.S. 47C-1-101 et seq.), or its predecessor, the North Carolina Unit Ownership Act (G.S. 47A-1 et seq.). Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
Contractor, general, means a person who is engaged in all or most aspects of building construction and/or land development through a legal agreement.
Contractor, trades, means a person who accomplishes work or provides facilities under contract with another person specifically engaged in a special trade, such as plumbing, heating, wiring, sheetmetal roofing work, etc.
Contractor's plant/storage yard means storage yards operated by, or on behalf of, a contractor for storage of equipment, vehicles, or materials commonly used in the individual contractor's business. The open storage of scrap material, trash, construction debris, or other material that would be considered a nuisance shall not be permitted with such use.
Convalescent home means a facility, having over five beds, meeting all of the requirements of the state for boarding and care of persons who cannot care for themselves.
Convenient foodstore means a structure in which foodstuffs, beverages, pharmaceuticals, small household supplies and small personal items are retailed, provided that the gross floor area of the structure shall not exceed 3,500 square feet. A convenient foodstore is commonly a neighborhood grocery-type store, selling personal goods and wares that typically can be hand-carried from the premises by the buyer.
Conversion means the modification of an existing residential structure to increase its density by one or more housing units.
Curb means a structural element at the edge of an existing or proposed street or other way, generally at a higher elevation than the adjacent edge of roadway, installed to:
(1)
Deter vehicles and water from leaving the roadway;
(2)
Otherwise control drainage;
(3)
Delineate the edge of existing or future roadways or driveways;
(4)
Present a more finished appearance to the street;
(5)
Assist in the orderly development of the roadside; and
(6)
Contribute to the stability and structural integrity of the pavement.
Demolition means any act or process that destroys in part or in whole a building or structure.
Development means any human caused change to real estate that requires a permit or approval from any agency of the town, county, state or federal government, including, but not limited to, building, construction, renovation, extraction, filling, excavation or activity or operation; any material change in the use or appearance of any structure or in the land itself.
Disturbed/disturbs means any change of the land surface or structures on the land surface including building, construction, renovation, extraction, filling, or excavation that results in any material change in the use or appearance of any structure or in the land itself.
Dormitory, private, means a type of residential accommodation which is characterized by a direct or indirect association with a particular educational, religious or corporate institution and by full-time, on-premises management. Dormitories may contain restroom and cooking facilities within the individual units of accommodation (apartment format) and/or within common areas outside the individual units of accommodation (boardinghouse format). Therefore, a unit of accommodation may be an apartment or suite containing up to six sleeping quarters (apartment format) or it may be each separate quarters (boardinghouse format). A private dormitory is not a housing unit, in that it permits the sharing of an individual residential structure or unit by more than three persons unrelated by blood or marriage.
Drive-up bank teller facility means a device designed to permit access to bank teller services by persons in automobiles.
Driveway, private, means the area outside a street, intended to serve as ingress and/or egress for vehicular traffic between the street property line and an off-street parking area outside the street.
Driveway, public, means the area between the roadbed of a public street and other property, designed for, or installed, serving as ingress and/or egress for vehicular traffic between such roadbed or traveled portion of the street and an off-street parking area or private driveway.
Drystack boat storage means a dry dock boat storage facility associated with commercial marinas.
Dwelling unit means a house or other structure, or a portion of any building or structure, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit, with cooking facilities, but not including units in hotels or other structures designed for transient residence. See Housing types.
Electronic gaming operation means a business enterprise, whether principal or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations do not include any lottery approved by the state.
Eligible facilities request means a request for a modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
Equipment compound means an area containing accessory equipment surrounding or near the base of a wireless support structure within which a wireless facility is located.
Exterior architectural feature means the architectural style, general design and general arrangements of the exterior of a building or other structure, including the kind, texture and color of the building materials, the size and scale of the building and the type and style of all windows, doors, light fixtures, signs and other appurtenant features.
Fall zone means the area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
Family means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit in a dwelling unit, exclusive of household servants. For the purpose of this chapter, a number of persons, but not exceeding two, separate from and in addition to the persons related by blood, adoption or marriage, may live and cook together as a single housekeeping unit in a dwelling unit, although they are not all related by blood, adoption or marriage, and shall be deemed to constitute a family; provided, however, that this definition does not include congregate residential care facilities, including family care and group care facilities; foster homes for children; homes for the aged and infirm; family care homes for the aged and infirm; day care facilities, including day care centers and family day care homes; shelter homes for children and/or families, including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums; and dormitories and fraternal organizations, if otherwise defined or provided for in other sections of this chapter.
Family care home means a home licensed pursuant to G.S. ch. 131D, art. 1, for adults and children with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons.
Family day care center means an occupied dwelling in which the occupant provides preschool instruction or daytime care to one to five children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult.
Farmers' market means an establishment primarily engaged in the retail sale of solely fresh fruits and fresh vegetables and articles which are homecrafted. Such uses are typically found in public or municipal markets.
Flea market and rummage sale mean a building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles which are either homemade, homegrown, homecrafted, old, obsolete or antique and may include the selling of retail goods by businesses or individuals who are generally or traditionally engaged in retail trade.
Fraternity or sorority house means a building occupied by, and maintained exclusively for, college or university students who are affiliated with a social, honorary or professional organization which is chartered by a national fraternal or sororal order and which is so recognized by the college or other institution of higher education.
Fuel pump island means any device or group of devices used for dispensing motor fuel or similar petroleum products to the general public.
Garage apartment means a detached accessory or subordinate building to an existing single-family dwelling, containing living facilities for not more than one family and having sufficient area for one parked automobile.
Garage, private, means a building or space used as an accessory to, or a part of, a principal building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is conducted.
Garage, public, means any building or premises, except those described in the definition of the term "garage, private," used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for hire or sale.
Government building, use or facility means a use of land and/or buildings by the town, county, state or federal government, or their subunits, for the use and benefit of the public citizens. This definition does not include uses such as a sanitary landfill or similar uses which create substantial noise, dust, odor, smoke or similar noxious effects. Examples of uses falling within this definition include, but are not limited to, fire and rescue departments, schools, parks, recreational buildings, community centers, office buildings and recreational facilities.
Gross floor area ("GFA") means the total square footage of all floors in a building calculated by measuring from the outside walls of the building for each floor intended for occupancy or storage.
Group home means a facility that is licensed by the appropriate state agency and provides services to meet the specific needs of unrelated individuals (excluding supervisory personnel), who are handicapped, aged or disabled, or overcoming addiction to intemperate use of addictive substances and undergoing rehabilitation or extended care. This definition includes group homes for all ages, halfway houses, and foster homes.
Guest lodging means a premises in which rooms are rented, with or without board, on a fee basis to permanent or transient guests, provided all accessory services, such as dining rooms, shall be available to such guests only and not open to the general public.
Handicapped person means any person who has a physical or mental impairment which substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The terms "physical or mental impairment", "major life activities", "has a record of such an impairment", and "is regarded as having an impairment" are further defined in G.S. 168A-3(7a)a—d.
Health spa means a commercial enterprise, private club or business establishment for the purpose of providing an indoor facility for physical exercise with the use of athletic equipment and accessory services. The term "health spa" includes private exercise clubs, figure salons or health clubs. If applicable, such establishments shall be subject to the town ordinance regulating massage parlors.
Historic area means an area which may be designated by the town and may be delineated upon a map adopted by the town council and on file at the town hall.
Historic district means an area which may be designated by the town and may be deemed to be of special significance in terms of history, architecture and/or culture, and found to possess integrity of design, setting, materials, feelings and association. The boundaries of the historic district may be delineated upon the zoning map which is a part of this chapter.
Historic district commission means a board composed of members qualified by special interest, experience or education in history, architecture or other related areas, who would have jurisdiction in accordance with this chapter over all properties within a historic district and/or historic district overlay.
Historic district overlay means an area which may be designated by the town to be of special significance in terms of history, architecture and/or culture, and found to possess integrity of design, setting, materials, feeling and association. A historic district overlay is a district which would overlap with other zoning districts established by this chapter. The boundaries of the historic district overlay would be delineated upon the zoning map which is a part of this chapter.
Hog, pig and swine mean a four-footed, domesticated animal with a stout, heavy body, cloven hoofs and a broad snout, raised for its meat or kept as a pet.
Home care unit means a facility meeting all the requirements of the state for boarding and care of not more than five persons who are not critically ill and do not need professional medical attention, including homes for the aged.
Home occupation means certain occupations customarily conducted for profit within a dwelling and carried on by the occupants thereof, which use is clearly subordinate to the use of the dwelling for residential purposes. Limitations are prescribed in this chapter to ensure against the growth of a home occupation into a commercial enterprise.
Hotel and motel mean a building providing sleeping accommodations commonly available on a daily basis, for pay, to transient or permanent guests or tenants, in six or more rooms. Dining rooms, restaurants or cafes, if existing, shall be conducted in the same building in connection therewith.
Housing types includes the following:
(1)
Duplex means a structure containing two housing units only.
(2)
Multiple-family means a structure containing five or more housing units, none of which are available for rental periods of less than one month.
(3)
Quadruplex means a structure containing four housing units only.
(4)
Single-family, detached, means a structure, other than a mobile home, containing one housing unit only.
(5)
Triplex means a structure containing three housing units only.
(6)
Zero lot line housing unit means a detached single-family housing unit placed on a lot so that a windowless wall is placed on one side of the property line and the footage required for two side yards is placed on the other side of the property line as the total side yard requirement for the lot.
Housing unit and dwelling unit mean one or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly or longer basis, and physically separated from any other housing unit which may be in the same structure, and containing independent cooking and sleeping facilities for not more than one family.
Improved landscape means gardens, parks, parking lots or any other proposed outside improvement, including any planned vegetation, public street furniture, masonry wall, fence, light fixture, steps and pavement or other appurtenant features.
Includes shall not limit the term to specified examples, but is intended to extend its meaning to all other instances or circumstances of a like kind or character.
Independent living facilities means residential facilities in multifamily configurations that provide varying levels of services, often including meals and social support systems among residents. These facilities are principally occupied by individuals that are 55 or older.
Interested party (for the purpose of electronic gaming operations) means any person who is an applicant for a license or who is an employee of any applicant for a license, any person who is a partner in a partnership which is an applicant for a license and any person, partnership or corporation which is an officer, director or principle stockholder of an entity which is an applicant for a license for an electronic gaming operation.
Junkyard means an establishment for storing, keeping, buying or selling of junk. The term "junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or discarded, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
Kennel includes the following:
(1)
Kennel, commercial, means a place or facility established to house, board on a long-term or short-term basis, breed, handle, train or otherwise keep or care for dogs belonging to the owner or occupant of the property, customer, patron or other, or lost or strayed animals, for compensation or as a humanitarian gesture.
(2)
Kennel, private, means a place or facility where five or less dogs over four months of age are maintained by the owner or occupant of the property for the owner's personal enjoyment, hobby or sport, whether or not for compensation.
Loading space, off-street, means space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times, even when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.
Lot means a single contiguous parcel of land in identical ownership throughout, bounded by other lots or streets and used or set aside and available for use as the site of one or more buildings or other purpose as permitted. A lot shall be of legal record and described by metes and bounds which have also been recorded.
Lot coverage means the portion of a lot occupied by a structure, either at ground level or the equivalent thereto, when a structure is elevated on pilings.
Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
Lot frontage means the portion of a lot abutting a street. For the purpose of determining lot frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of the term "yards" in this section. No lot shall front on an alley.
Lot line means a line dividing one lot from another, or from a street or other public space.
Lot of record means a lot which is a part of a subdivision recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been recorded in the office of the county register of deeds.
Lot types means the terminology used in this chapter with reference to corner lots, interior lots and through lots, further described and shown as follows:
(1)
Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street 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. (See lot marked (1) in figure 1.)
(2)
Interior lot means a lot, other than a corner lot, with only one frontage on a street. (See lot marked (2) in figure 1.)
(3)
Through lot means 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." (See lot marked (3) in figure 1.)
Lot width means the distance between the side lot lines, as measured at the rear of the required front yard, except for lots on the turning circle of culs-de-sac, which shall be at least 66 percent of the required lot width and maintain an average lot width between the front and rear property lines of at least the minimum lot width for the zoning district in which the lots are located. The width between side lot lines at the foremost points, where they intersect with the street line, shall be at least 66 percent of the required lot width, except on lots on the turning circle of culs-de-sac.
Low income/elderly means housing provided solely for the residential use of one or both of the following groups of persons:
(1)
Elderly persons means persons who are 62 years of age or older.
(2)
Low income families means families, as defined in this section, whose incomes are below 80 percent of the county median family income as determined by the U.S. Department of Housing and Urban Development.
Major and/or multi-unit development means a development consisting of:
(1)
Structures on a tract of two acres or more; or
(2)
Nonresidential structures having a total floor area of 10,000 square feet or more.
The developer shall submit a site plan. This definition shall not apply to detached single-family and two-family housing units and uses customarily accessory thereto.
Major public utility-water means structures, towers or facilities used or intended to be used by a public agency or utility provider for the provision of water. This shall include water towers, storage tanks and booster pump stations.
Manufactured home, Class A, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(1)
The manufactured home has a length not exceeding four times its width, with the length measured along the longest axis and the width measured at the narrowest part of the other axis;
(2)
There is no requirement to have a minimum amount of square feet;
(3)
The pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each 12 feet of horizontal run (three feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(4)
All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;
(5)
The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (the reflectivity of which does not exceed that of gloss white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
(6)
The manufactured home is set up in accordance with the standards set by the state department of insurance and a continuous, permanent, masonry foundation or masonry curtain wall or any other commercially approved siding, including masonry, aluminum or vinyl, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home;
(7)
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the state department of insurance, attached firmly to the primary structure and anchored securely to the ground; and
(8)
The moving hitch (detachable), wheels and axles, and transporting lights have been removed.
State Law reference— Definition of manufactured home, G.S. 143-145(7).
Manufactured home, class B, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that meet or exceed the following criteria:
(1)
The home has a minimum width of 14 feet;
(2)
The manufactured home is set up in accordance with the standards set by the state department of insurance and a continuous, permanent, masonry foundation or masonry curtain wall or any other commercially approved siding, including masonry, aluminum or vinyl, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home;
(3)
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the state department of insurance, attached firmly to the primary structure and anchored securely to the ground; and
(4)
The moving hitch (detachable), wheels and axles, and transporting lights have been removed.
Manufactured home, Class C, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that otherwise does not meet the definitional criteria set forth in this section for a Class A or Class B manufactured home.
Manufactured home park means a parcel of land, at least three acres, which has been planned and improved for the placement of two or more manufactured homes for dwelling purposes. This definition shall not include mobile home or manufactured home sales lots on which unoccupied mobile homes or manufactured homes are parked for the purposes of inspection and sale.
Manufactured home space/lot means a parcel of land occupied, or intended to be occupied, by one, and only one, manufactured home for the exclusive use of the occupants of such manufactured home. The term "manufactured home space/lot" also means a parcel of land in a manufactured home park, provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of only one manufactured home, and for the exclusive use of the occupants of such manufactured home. This definition shall also apply to mobile home spaces.
Map and zoning map mean the official zoning map of the town.
Marina, commercial, means any dock or basin and associated structures providing permanent or temporary commercial harboring for more than ten commercial and/or pleasure boats and providing services related to the facility, including, but not limited to, fuel sales, retail and food sales, dry stack boat storage and other related services. Pump out facilities are required at commercial marinas.
Marina, residential, means a private, nonprofit boating facility, including permanent or temporary docks, piers and/or launching ramps planned for the harboring or storing of nine or less boats on property having water frontage, the use of which is intended to serve only the residents within an approved subdivision or planned unit development. The right to use such facility shall be conferred by an easement appurtenant to the residential lots it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility, including, but not limited to, drystack boat storage, fuel sales, slip rentals, etc. Pump out facilities shall be required in accordance with health department regulations.
Massage business means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors. The term "massage business" shall not include the practice of massage in a regularly established and licensed hospital, sanitarium, nursing home, medical clinic or a nonprofit corporation operating under the name of YMCA (Young Men's Christian Association) or YWCA (Young Women's Christian Association), nor to the practice of massage as carried out in an office or clinic operated by a duly qualified and licensed medical practitioner or chiropractor in connection with his practice of medicine or chiropractic, provided that such massage business is conducted in an office or clinic regularly used by such medical practitioner or chiropractor as the principal location for the practice of medicine or chiropractic.
Micro wireless facility means a small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
Mobile home means a transportable structure, designed to be used as a yearround residential dwelling, and built prior to the enactment of the Federal Manufactured Housing Standards Act of 1974 which became effective June 15, 1976.
Mobile home and travel trailer park means any site or tract of land, upon which three or more mobile home or travel trailer spaces are provided.
Model unit marketing center means a model unit, including model homes, manufactured and mobile homes and group housing units, located within a particular development project only. The model unit shall be used for the marketing and sales of such approved development project only. The model unit marketing center must be continuously marketed for sale as a residence. When the model unit is sold, the office may be relocated to another model unit, but at no time shall more than one marketing center be used. The placard shall indicate only that the unit is the model unit/sales office. The model unit may display a placard not exceeding four square feet.
Modular home means a dwelling unit constructed in accordance with the standards set forth in the 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. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home, except that the modular home meets the state building code, or a series of panels or room sections transported on a truck and erected or joined together on the site. Once certified by the state, modular homes shall be subject to the same standards as site built homes.
Monopole television tower means a single pole tower intended primarily for the sending and/or receiving of television signals with no above-ground lateral support from secondary structural members.
MUTCD means Manual on Uniform Traffic Control Devices.
Natural feature means any outside landscape feature on the site, such as, but not limited to, trees, shrubs or rock formations.
Non-conforming use means any building or land lawfully occupied by a use on the effective date of the ordinance from which this chapter is derived, or amendment thereto, which does not conform after the passage of such ordinance or amendment with the use requirements of the district in which it is situated.
Normal maintenance and repair means routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including such activities as painting, landscaping and treatment of architectural features which do not involve a change in the design, material or outer appearance thereof.
Office for contractor, general, or trades means an office occupied by a person or business which is engaged in all or most aspects of building construction, land development, or the commonly identified trades, such as plumbing, heating, wiring, sheet metal roofing work, or utility construction.
Open storage means the keeping, in an unroofed area, of items for more than 24 hours.
Overhead canopy means any structure placed over, around or near a fuel pump island or drive-up bank teller facility and intended to provide lighting and/or protection from the elements for fuel pump island or drive-up bank teller facility users.
Park includes areas developed for both passive and active recreational activities. The development may include, but shall not be limited to, walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters, etc. The term "park" may also include the areas associated with history, tradition or cultural heritage of national, state or local interest. The term "park" shall not include zoos, mobile/manufactured parks, travel trailer parks and amusement parks.
Parking facility means any area, either open or enclosed, structural or natural, for the storage of a vehicle. Each parking facility shall have an approved means of ingress and egress. A parking lot, as defined in this section, is a subclassification of a parking facility.
Parking lot means an open area, outside of the public right-of-way, for the storage of a vehicle. The term "parking area" shall be included in this definition. Each parking lot shall have an approved means of ingress and egress, and handicapped parking will be in accordance with G.S. 20-37.5 and 20-37.6.
Parking space, off-street, means an adequate size space for parking a vehicle, with room for opening doors on both sides, proper access to streets and adequate maneuvering room.
Patio home means a single-family detached unit in a totally planned development, where open space is provided to offset smaller lots for such home.
Personal property means property owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. The term "personal property" does not include merchandise which was purchased for resale or obtained on consignment.
Planned unit development means a mixed use land development project planned as a single development by means of a unitary site plan. This permits flexibility in building site, mixtures in building types and land uses, usable open space and preservation of significant natural features.
Planning board means a body appointed by the town council in accordance with chapter 2, article III, division 3 of this Code.
Planning department means the town planning department, as set forth in chapter 2, article III, division 4 of this Code.
Principal building or structure means a building or structure containing the principal use of the lot, including any land area necessitated by the character of the principal use (e.g., outside storage) for its complete operation, excluding off-street parking.
Principal use means the primary purpose or function that a lot serves, or is intended to serve, according to its zoning classification.
Redevelopment means any proposed expansion, addition, or renovation to an existing building or site.
Residential care means establishments primarily engaged in the provision of residential, social and personal care for children, the aged and special categories of persons with some limits on ability for self-care, but where medical care is not a major element, such as an adult day care facility, home for the aged and infirm and other similar residential care uses not otherwise defined in this section.
Residential hotel means a building or group of buildings providing lodging for persons, with or without meals, and intended and used for the accommodation of transient lodgers in suites designed in a fashion that reflects the intended use for transient lodgers and not for permanent residential accommodation. Suites may have one or more rooms in addition to bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or any dining alcove. A kitchen area separate from the living or sleeping areas shall be provided and cooking may be done only in the kitchen area. This definition shall not include housing units as hotels, such as maid, desk and laundry service.
Restaurant means an establishment, the principal business of which is the sale of foods, frozen desserts or beverages to a customer, in a ready-to-consume state, and the design and principal method of operation of which determines its classification, as follows:
(1)
The term "carryout" means:
a.
Foods and/or beverages may be served in edible containers, or in paper, plastic or other disposable containers, by an employee at a standing counter or drive-in window; and
b.
Consumption is normally off the premises, but may be allowed within a motor vehicle parked on the premises, or at other facilities on the premises outside the principal building.
(2)
The term "fast food" means the same as the term "carryout," and includes allowing consumption within the principal building.
(3)
The term "standard" means:
a.
Customers are provided with an individual menu and served by an employee at the same table or counter at which their food and/or beverages are consumed; or
b.
A cafeteria-type operation where foods and/or beverages generally are consumed within the restaurant.
Sales office, off-premises (branch), means that, in addition to maintaining inventories of goods; physically assembling and grading goods in large lots; breaking bulk; delivery; and various types of promotion, such as advertising, a wholesaler or distributor may establish offices and other supportive areas for the use of personnel primarily employed for off-premises sales and other administrative or managerial needs. On-premises retail sales as the principal use is not included in such classification. Off-street parking for this portion of the building shall be calculated independently of any other use of the same structure.
Sanitary landfill means an approved excavated site, which meets all of the required county, state and/or federal environmental and health regulations and serves as a depository for solid waste material, including trash, construction debris, branches and limbs, garage and nontoxic, nonhazardous industrial waste.
Scrap processor means an establishment or place of business in a fixed location, utilizing machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap iron into prepared grades, and the principal product of which is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes.
Screening buffer means a permanent physical barrier, as required in this chapter, consisting of living or nonliving materials, or a combination thereof, for the separation of uses according to the requirements outlined in each district.
Self-service storage facility means a facility intended for short- to long-term storage of household goods, automobiles, boats, or other goods, none of which are meant for retail sale. Outside storage of boats, automobiles, or other vehicles is permitted within the C-2 district in conjunction with the self-service storage facility use so long as all outside storage is completely screened with an opaque fence and not visible from any right-of-way or adjacent property. Storage of bulk materials shall not be permitted with such use.
Senior living communities with continuing care includes skilled nursing facilities, assisted living facilities, and independent living facilities that:
(1)
Are located on the same or adjacent lot or parcel;
(2)
Have obtained a certificate of need issued by the state department of health and human services for their skilled nursing and/or assisted living facilities (or such certificate or license as is, in the future, a renewal, replacement or substitution for such a certificate of need); and
(3)
Are owned or managed by the same or affiliated healthcare providers.
Service station means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. Uses permitted at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage, body shop or trim shop.
Setback means the distance a structure must be located from the appropriate lot line. Setbacks shall be measured from the face of the structure. Provided, that roof overhangs, eaves and projections of 18 inches or less from the face of the structure shall be allowed to project into the required setback area.
Shopping center means three or more commercial establishments, containing 25,000 square feet of gross floor area, planned and constructed as a single unit with off-street parking and loading facilities provided on the property. Shopping centers are related in location, size and type of uses to the trade area which they serve and are considered as such at the owner's discretion. This definition includes malls, commercial plazas and community shopping areas.
Site area means the property subject to a development permit that is included in a development application and is a legal lot or lots of record with county tax office.
Skilled nursing facilities means medical facilities that provide skilled nursing care in a long-term setting.
Sludge means any solid, semisolid or liquid waste generated from a residential, commercial, municipal or industrial wastewater treatment plant or water supply treatment plant not considered to be a hazardous waste branch. Sludge shall be considered to be that waste which has been treated by a process to significantly reduce pathogens.
Small office/commercial center means two or more office or commercial establishments containing no more than a total of 24,999 square feet of gross floor area, which are planned and constructed as a single unit, but not necessarily as a single building, with off-street parking and loading facilities provided on the site.
Small wireless facility means a wireless facility that meets both of the following qualifications:
(1)
Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.
(2)
All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet.
For purposes of this subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
Special congregate facilities means congregate facilities characterized by a clientele composed of persons who do not possess personal automobiles to assist them in their daily transportation throughout the town and its vicinity. Such facilities may include indigent care, shelter and housing facilities, hotels and other similar facilities.
Specified anatomical areas means:
(1)
Less than completely and opaquely covered:
a.
Human genitals;
b.
Pubic region;
c.
Buttock; and
d.
Female breast below a point immediately above the top of the areola.
(2)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy;
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Stables, private, means a stable designed to house horses, with a capacity for not more than two horses; provided, however, that a private stable may exceed a two-horse capacity if the premises whereon such stable is situated contains an area of not less than 43,560 square feet for each horse accommodated.
Standard Industrial Classification Manual and SIC Manual mean a publication of the federal government which classifies industrial, commercial and professional establishments according to the type of activity in which they are engaged.
Stealth wireless facility, stealth wireless support structure, or stealth antenna means any telecommunications facility, wireless support structure or antenna that is integrated as an architectural feature of a structure or that is designed to camouflage or conceal the presence of the telecommunications facility, wireless support structure or antenna so that the purpose of the telecommunications facility, wireless support structure or antenna is not readily apparent to a casual observer.
Story means the portion of a building between the surface of any floor and the floor or roof above it. The following are considered stories:
(1)
Mezzanine, if it exceeds one-third of the total floor area of the story immediately below it;
(2)
Penthouse, if it exceeds one-third of the total area of the roof;
(3)
Basement, if subdivided and used for dwelling or business purposes.
Street includes the term "alley," "avenue," "road," "cul-de-sac," "highway," "thoroughfare," "lane," "drive" or "court," whether designated as public or private. Street classifications include the following:
(1)
Cul-de-sac means a street designed to have one end permanently closed, and such closed end terminated by a vehicular turnaround.
(2)
Freeway means a major thoroughfare that is a divided street or road and serves through traffic with full control of access and grade separations at intersections.
(3)
Local street (minor) means a street that serves primarily to provide direct access to abutting property. Such street offers the lowest level of mobility and through traffic is usually deliberately discouraged.
(4)
Major thoroughfare (arterial) means major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.
(5)
Marginal access street (frontage road) means streets that are parallel and adjacent to major streets and highways, and provide access to abutting properties and protection from through traffic.
(6)
Minor thoroughfare (collector) means streets that perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Such streets may supplement the major thoroughfare system by facilitating minor through traffic movement and may also serve abutting property.
Street line means the right-of-way boundary of a street.
Street types include the following:
(1)
Private street means a right-of-way for vehicular traffic which is constructed to acceptable public street standards for the town and dedicated to a select portion of the public. The responsibility for the maintenance of a private street shall be by an established owners' association or other private property owner's legal agreements.
(2)
Public street means a right-of-way for vehicular traffic, dedicated and accepted by the state department of transportation or the town for public use.
Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. The term "structure" includes buildings, mobile homes, billboards and other similar type uses.
Substantial modification of a wireless facility means the mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below:
(1)
Increasing the existing vertical height of the structure by the greater of (i) more than ten percent, or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(2)
Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet, or (ii) more than the width of the wireless support structure at the level of the appurtenance.
(3)
Increasing the square footage of the existing equipment compound by more than 2,500 square feet.
Swimming pool means any structure that is intended for swimming, recreational bathing or wading that contains water over 24 inches deep, including, but not limited to, in-ground and above-ground swimming pools; hot tubs; spas; and fixed-in-place wading pools. Swimming pools shall be considered above ground when any part of the pool, excluding diving boards, slides, and ladder rails or decorative features, is more than 12 inches above ground.
Tattoo parlor means any location where tattooing is engaged in or where the business of tattooing is conducted or any part thereof.
Tattooing means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.
Telephone communication facility, unattended, means a windowless structure containing electronic telephone equipment that does not require regular employee attendance for operating.
Temporary portable storage unit means "portable on-demand storage" or "PODS" is:
(1)
Any mobile container, storage unit, shed like container or other portable structure designed for temporary storage;
(2)
Located outside an enclosed building;
(3)
Or is not permanently affixed to the land;
(4)
Or can be used for the storage of personal property of any kind; and
(5)
Not intended for human habitation.
An accessory building, as defined in this section and complying with all building codes and land use requirements, is not a temporary portable storage unit.
Temporary use means a limited use of land, buildings or structures, not intended to be of a permanent duration.
Total floor area of a structure means the subarea total listed on county tax appraisal cards or total square footage on file with the town building inspections department at the time of required application, whichever is greater.
Towing service, automotive or truck, means a commercial enterprise, business or company established to tow or remove motor vehicles from one location to another. A towing service includes the temporary storage of motor vehicles at its site, but under no circumstances shall any motor vehicle remain on the premises of a towing service for more than 24 hours unless stored within an enclosed structure or the tow service is located in a C-1 or C-2 district. Such service shall comply with all ordinances of the town.
Town right-of-way means a right-of-way owned, leased, or operated by a town, including any public street or alley that is not a part of the state highway system.
Town utility pole means a pole owned by a town in the town right-of-way that provides lighting, traffic control, or a similar function.
Townhouse means a structure containing two or more single-family attached dwelling units, with each unit on its own individual lot. All townhouse developments shall be subject to the multiple-family dwelling provisions in this chapter, except as follows:
(1)
Townhouse developments in the R-6 Medium Density with Performance Standards Residential Zoning District shall comply with all requirements of section 66-315.
(2)
No unit shall be connected by common walls on more than two sides.
(3)
All yard and setback dimensional requirements shall apply to the property lines of the entire development. No individual unit shall be required to meet the yard dimensions.
Trailer, overnight camping, includes the following:
(1)
Camping trailer means a canvas, temporary, folding structure, mounted on wheels and designed for travel, recreation and vacation use.
(2)
Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(3)
Travel trailer means a wheeled, vehicular, portable structure, built on a chassis (other than a mobile home), designed as a temporary dwelling for travel, recreation and/or vacation purposes, including, but not limited to, structures mounted on auto or truck bodies that are commonly referred to as "campers", "camper trailers", "caravans", "motor homes" or "recreational vehicles (RV's)." All such structures shall be considered travel trailers, regardless of other titles that may also be applicable or commonly used.
TRC means the technical review committee.
TV, radio transmitting tower means a tower, pole, or similar structure that supports a telecommunications antenna operated for commercial television or radio purpose.
Used and occupied, as applied to any land or building, mean that such land or building is in actual use or occupancy, and shall be construed to include the terms "intended," "arranged" and "designed" to be used or occupied.
Utility pole means a structure that is designed for and used to carry lines, cables, wires, lighting facilities or small wireless facilities for telephone, cable television, or electricity, or to provide lighting or wireless services that is not owned by the town.
Utility/service equipment stands means elevated decks required to raise electrical and mechanical equipment, including but not limited to HVAC units, electrical meters, and generators above the regulatory flood protection elevation as defined in chapter 26 of this Code.
Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of such actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structures or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Vehicle for hire means any motor vehicle, horse-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for which are determined by agreement, mileage or by the length of time for which the vehicle is engaged. As used in this chapter, a vehicle for hire shall not include a taxicab.
Veterinary clinic means a place or facility which provides dental, medical or surgical care for dogs, cats and other domesticated animals. Kennels are not included in this definition.
Water tower means a water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.
Wireless infrastructure provider means any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.
Wireless service means any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.
Wireless services provider means a person who provides wireless services.
Wireless support structure means a new or existing structure, such as a monopole, lattice tower, or guyed tower, that is designed to support or capable of supporting wireless telecommunications facilities, radio or TV antennas. A utility pole is not a wireless support structure.
Wireless facility or wireless communications facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications, and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:
(1)
The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
(2)
Wireline backhaul facilities.
(3)
Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(4)
Amateur radio antennas. See also G.S. 160A-400.51. See also the definition of "amateur radio antenna".
Yard means a required open space, unoccupied and unobstructed by any structure, or portion of any structure, from 30 inches above the ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, furniture and HVAC units may be permitted in any yard. Provided further, that roof overhangs, eaves and other projections of 18 inches or less from the face of the structure shall be allowed to project into any yard. In those cases where a street right-of-way extends within a property line, the required yard adjacent to such street right-of-way shall be measured at right angles from such right-of-way line and not from the property line.
Front yard means the portion of the property that extends along the full width of a front lot line and includes all areas of the property from the front corner of the principal structure to the front property line. In the case of a corner lot, any yard extending along the full length of a street line is considered a front yard.
Rear yard means the portion of the property extends for the full width of a rear lot line and includes all areas of the property from the rear corner of the principal structure to the rear property line.
Side yard means the portion of the property extends along a side lot line from the required front yard and includes all areas of the property from the rear corner of the principal structure to the front corner of the principal structure along the side property line.
Yard sale means all general sales, open to the public, conducted from or on a residential premises in any district or at a commercial establishment in any commercial district, subject to the limitations set forth in this chapter, for the purpose of disposing of personal property. The term "yard sale" shall include all sales described in this definition, whether or not they are garage, lawn, yard, attic, porch, room, backyard or patio sales. The sale of a vehicle at a private residence does not constitute a yard sale and is not subject to the provisions of the town's regulation regarding yard sales.
(Code 2003, § 30-4; Ord. No. 02-21, § 1(19.31, 19.32), 6-20-2002; Ord. No. 03-17, §§ 1, 2, 8-21-2003; Ord. No. 04-05, § 1, 1-15-2004; Ord. No. 04-31, § 1, 10-21-2004; Ord. No. 04-35, § 1, 11-18-2004; Ord. No. 05-20, § 1, 7-21-2005; Ord. No. 05-28, § 1, 10-20-2005; Ord. No. 06-06, § 1, 4-20-2006; Ord. No. 06-27.1, § 1, 9-21-2006; Ord. No. 06-27.2, § 1, 10-19-2006; Ord. No. 06-27.3, § 1, 10-19-2006; Ord. No. 09-09, § 1, 3-19-2009; Ord. No. 10-13, § 1, 8-19-2010; Ord. No. 11-01, § 1, 1-20-2011; Ord. No. 11-06, § 1, 8-18-2011; Ord. No. 11-07, § 1, 8-19-2011; Ord. No. 11-09, §§ 1, 2, 11-17-2011; Ord. No. 12-08, § 1, 8-16-2012; Ord. No. 12-10, § 2, 10-18-2012; Ord. No. 13-03, § 1, 3-21-2013; Ord. No. 13-07, § 1, 3-21-2013; Ord. No. 13-11, § 1, 5-16-2013; Ord. No. 13-20, § 1, 8-15-2013; Ord. No. 14-02, § 1, 1-16-2014; Ord. No. 15-07, § 1, 5-21-2015; Ord. No. 16-01 , §§ 1, 2, 1-21-2016; Ord. No. 16-09 , § 1, 7-14-2016; Ord. No. 16-14 , § 1, 10-20-2016; Ord. No. 16-16 , § 1, 12-15-2016; Ord. No. O17-002 , § 1, 2-16-2017; Ord. No. O17-003 , § 1, 2-16-2017; Ord. No. O17-016 , § 1, 11-30-2017; Ord. No. O18-027 , § 1(Exh. A), 12-20-2018; Ord. No. O18-030 , § 1, 11-15-2018)