§ A.3. DEFINITIONS.
"A"
Abutting
Having property or district lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street or alley.
Access
A way of approaching or entering a property. Access also includes ingress, the right to enter, and egress, the right to leave.
Accessory structure
A structure detached from the principal structure on the same property and customarily incidental and subordinate to the principal structure or use. An accessory structure includes garages, carports, swimming pools, pool houses, greenhouses, gazebos, pergolas, detached solar panels and storage sheds, and other urban accessory structures. Dog houses, tree houses, grade level walkways, and sheds equal to or less than 12 by 12 by 12 feet are exempt from the accessory structure definition.
Accessory use
A use of land or of a structure or portion thereof that is customarily incidental and subordinate to the principal use of land or structure and located on the same lot with such principal use or structure.
Administrative approval
Approval that the UDO Administrator or designee is authorized to grant after Administrative Review.
Administrative review
Non-discretionary evaluation of an application by the UDO Administrator or designee. This process is not subject to a public hearing.
Adult day care center
The provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled.
Alley
A roadway that affords only a secondary means of access to abutting property and not intended for general traffic circulation.
Apartment
A room or suite of one or more rooms in a multiple dwelling intended for use as a residence by a single-family.
Apartment house
See Dwelling, multiple.
Appeal
A request for a review of the UDO Administrator's interpretation of any provision of this Ordinance.
Arcade
An amusement center where more than 70 percent of business or business revenue is generated from games and machines operated by a coin or other thing of value.
Art, work of
All forms of original creations of visual art including but not limited to: sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; painting, whether portable or permanently fixed, as in the case of murals; mosiacs; photographs; crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; calligraphy; mixed media composed of any combination of forms or media; unique architectural stylings or embellishments, including architectural crafts; environmental landscaping; or restoration and renovation of existing works of art of historical significance. Signs are not considered artwork.
Artisan's workshop
An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items. An artisan's workshop includes an establishment that is engaged in the low-impact manufacturing, assembly, repair, or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Examples include contractors and building maintenance services and similar uses that perform services off-site, low-impact clothing or textile manufacturing, commercial bakery, food service contractor, movie production facility, printing, publishing, lithography, sign-making, welding, woodworking, arts-based (culinary, dance, art, music, photography) classroom, and other similar uses.
Assisted living residence
Any group housing and services program for two or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. There are three types of assisted living residences: adult care homes, adult care homes that serve only elderly persons, and multi-unit assisted housing with services. As used in this definition, elderly person( means: (i) any person who has attained the age of 55 years or older and requires assistance with activities of daily living, housing, and services; or (ii) any adult who has a primary diagnosis of Alzheimer's disease or other form of dementia who requires assistance with activities of daily living, housing, and services provided by a licensed Alzheimer's and dementia care unit.
(1)
Adult care home. An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Adult care homes include halfway houses and drug rehab facilities.
(2)
Multi-unit assisted housing with services. An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or other compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care.
"B"
Bar
An establishment open to the general public and licensed to sell on premises unfortified wine and beer and shall be in compliance with ABC laws. Also applies to Tavern.
Battery charging station
An electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed federal, state, and/or local requirements.
Battery exchange station
A fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds federal, state, and/or local requirements.
Bed and breakfast inn
A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Bedroom
A room designated as sleeping or bedroom on the plans.
Board of adjustment
A local body, created by ordinance, whose responsibility is to hear appeals from decisions of the zoning administrator and other code officials and to consider requests for variances from the terms of the zoning ordinance.
Boardinghouse
A building other than a hotel or motel where, for compensation, meals are served and rooms rented.
Bona fide farm
Land that receives or is eligible to receive an agricultural use exemption from the county tax office and is used for the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market. The term does not include nonfarm activities conducted on farmland.
Buffer
An area within a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the lot or site to adjacent lots or sites.
Building
See Structure.
Building, height of
The vertical distance from the average finished grade at the four corners of the structure to the highest point of the structure.
Building setback line, residential
A line establishing the minimum allowable distance between the foundation of the structure including porches, decks, and steps except where specifically exempted to the nearest lot line or street right-of-way line.
Building setback line, commercial
A line establishing the minimum allowable distance between the footprint of the structure (drip line) including porches, decks and steps to the nearest lot line or street right-of-way line.
Built upon area (BUA) Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. Built upon area does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; or a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
"C'
Caliper
The measurement of the diameter of a tree trunk. Measurement shall be taken 4.5 feet above grade.
Cane
The slender, strong but often flexible stem of a shrub.
Carport
A roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles.
Cemetery
Land use or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Certificate of Occupancy
Official certification that a premises conforms to provisions of the zoning code and building code and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied.
Certify
Whenever this Ordinance requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the Town may accept certification by telephone from some agency when the circumstances warrant it, or the Town may require that the certification be in the form of a letter or other document.
Certiorari, nature of
The review of the record of a case (minutes of a hearing) by a court for the issuance of a ruling to a board having some judicial power.
Child care
A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption.
Child care facility
Includes child care centers, family child care homes, and any other child care arrangement not excluded by G.S. 110-86(2) that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit.
(1)
Child care center. An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care.
(2)
Small child care center. Small centers in a residence that are licensed for six to twelve children which may keep up to three additional school age children, depending upon the ages of other children in care. When the group has children of different ages, staff-child ratios and group size must be met for the youngest child in the group.
(3)
Family child care home. A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care.
Chimney
A vertical shaft of reinforced concrete, masonry, or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.
Churches and places of worship
Facilities used primarily for nonprofit purposes by a recognized and legally established sect to provide assembly and meeting areas for religious activities. Accessory uses include Sunday school facilities, parking, caretaker's housing, pastor's housing, and permanent group living facilities such as convents. Examples include churches, temples, synagogues, and mosques, but not associated schools, day care facilities, or other facilities not devoted to religious activity.
Circulation area
That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
Clinic, medical or dental
A building designed and used for outpatient medical, dental or surgical treatment.
Clubs and lodges
An incorporated or unincorporated association for civic, social, cultural, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefit of its members.
Code official
An employee of the town with responsibility for administration and enforcement of development ordinances.
Commercial recreation establishments
Any business establishment which provides outdoor entertainment, recreation or amusement, for profit, to the general public. Commercial recreation includes, but is not limited to, such uses as miniature golf courses, water slides, mechanical rides, go-cart or motorcycle course, golf driving ranges or other similar uses.
Common area
All land not individually owned or dedicated and conveyed to a homeowner's association for purposes of property maintenance.
Community center, public
A land use or building owned and operated by the town or a nonprofit organization such as a church, YWCA or civic organization devoted to providing recreational and educational facilities to the general public without profit.
Community center, private
To include but not limited to, beach clubs, cabana clubs, property owners association facilities and similar type uses, a building or facility owned or operated by an incorporated, unincorporated, chartered association or an individual or individuals nominated by such entities for the purpose of engaging in social, civic, educational, recreational, cultural or similar activities; but not primarily for profit or to render a service that is customarily carried on as a business; that the use of the building or facility shall be used solely for the benefit of its members.
Competent evidence
North Carolina General Statutes require that the rules of evidence as applied in the trial division of the General Court of Justice ordinarily be followed but adds the important exception that when evidence is not reasonably available under such rules to show relevant facts, they may be shown by the most reliable and substantial evidence available. The Board just limit itself to the type of evidence that ought to be admissible before local administrative agencies generally. The term "competent" is essentially a synonym for "admissible before a local board."
Condominium
A building or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Condominium association
The association that administers and maintains the common property and common elements of a condominium.
Condominium, mixed use
A building or group of buildings containing a mix of uses that may include residential, office, business, professional services or other non-residential use that is organized, owned and maintained as a condominium.
Condominium, non-residential
A building, or group of buildings used for office, business, professional services and other commercial enterprise that is organized, owned and maintained as a condominium.
Condominium unit
An enclosed space consisting of one or more rooms occupying all or part of a floor in a building, regardless of whether it is designed for a residence, office or any other permitted use, and it shall include any accessory spaces and areas such as garages, storage spaces, balconies or patios. The units are sold as single units within a multiunit structure with areas also owned in common.
Convenience store
A one-story, retail store containing no more than 4,000 square feet of gross building area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of "stop and go" traffic. Illustrative examples of convenience stores are those operated by the "Fast Fare," "7-11," and "Pantry" chains.
Cutoff
The point at which all light emitted from a source or fixture is eliminated at a specific angle above ground level.
Cutoff angle
The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
Cutoff fixture
Fixtures shielded so that no more than 2.5 percent of their light output is emitted above 90 degrees at any lateral angle around the fixture.
Cutoff light
A fixture with elements such as shields, reflectors, or reflector panels which direct and cutoff the light at a cutoff angle that is not more than 90 degrees. Typically, this type of fixture conceals the light source, thus reducing glare and spillover of light.
"D"
Deck
An open and roofless platform that adjoins a house and is supported by a means other than the principal structure.
Developer
A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit.
Development
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Distillery
A distillery as permitted by North Carolina General Statutes is an enterprise which engages in one or more of the following:
(1)
Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor;
(2)
Sell, deliver and ship spirituous liquor in closed containers at wholesale to exporters and local boards within the State, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations;
(3)
Transport into or out of the distillery the maximum amount of liquor allowed under federal law, if the transportation is related to the distilling process.
Drawings, construction
Drawings utilized during construction prepared by an architect, landscape architect, engineer, or surveyor licensed to practice in North Carolina.
Drawings, as-built
Engineering plans prepared after the completion of construction, by the engineer by an architect, landscape architect, engineer, or surveyor licensed to practice in North Carolina, in such a manner as to accurately identify and depict the location of all on-site improvements, which includes but is not limited to all structures, parking facilities, detention/retention areas, curbs, gutters, and sidewalks.
Driveway
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
Dwelling
A building or portion thereof, designed, arranged, or used for permanent living quarters for one or more families. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, or other structures designed for transient residence.
Dwelling, multiple-family
A detached building designed for or occupied exclusively by four or more families living independently of each other and doing their own cooking therein, including apartments, apartment hotels, and group houses.
Dwelling, single-family (small)
A detached building designed for or occupied exclusively by one family with a maximum square footage that shall not exceed 3,999 square feet (for single-family dwellings located on the island side).
Dwelling, single-family (large)
A detached building with maximum square footage of 4,000 square feet or greater but that shall not exceed 5,000 square feet (for single-family dwellings located on the island side).
Dwelling, single-family (mainland)
A detached building designed for or occupied exclusively by one family (for single-family dwellings located on the mainland side).
Dwelling, three-family
A detached building designed for or occupied exclusively by three families living independently of each other.
Dwelling, two-family
A detached building designed for or occupied exclusively by two families living independently of each other.
"E"
Easement
A grant by the property owner for use, by the public, a corporation, or a person(s), of a strip of land for a specified use.
Eave
An overhanging roof extension not exceeding three feet.
Effective date of this Ordinance
Whenever the effective date of this Ordinance is referred to, the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendment, rather than this Ordinance as originally adopted, creates a nonconforming situation.
Electric vehicle
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for energy purpose. Electric vehicle includes: (1) a battery powered electric vehicle; and (2) a plug-in hybrid electric vehicle.
Electric vehicle charging station
A public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. An electric vehicle charging station is permitted as an accessory use to any principal use.
Electric vehicle parking space
Any marked parking space that identifies the use to be exclusively for an electric vehicle.
Energy generating facility
A facility that uses a variety of sources and/or products for the production of power. Energy facilities may include, but are not limited to: petroleum; methane; ethanol; thermal; wind; solar; hydro-electric; and other energy generation facilities.
Ex parte
A Latin legal term meaning "from (by or for) [the/a] party". An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
Extension, of public water or sewer
An addition or increased capacity usage to the public or private sewer system, consisting of sewer lines, force mains, pump stations, or any combination thereof that conveys wastewater to a designated wastewater treatment facility or separately-owned sewer system. For purposes of permitting, the collection system is considered to be any existing or newly installed system extension up to the wastewater treatment facility property or point of connection with a separately-owned sewer system.
Extraterritorial planning area
That portion of the town's planning jurisdiction that lies outside the corporate limits of the town.
"F"
Family
An individual or two or more persons related by blood, marriage or adoption and living together in a dwelling; or a group of not more than four unrelated persons living in a single unit.
Family care home
A home 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 with disabilities. "Person with disabilities" means a person with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
Family foster home
The private residence of one or more individuals who permanently reside as members of the household and who provide continuing full-time foster care for a child or children who are placed there by a child placing agency or who provide continuing full-time foster care for two or more children who are unrelated to the adult members of the household by blood, marriage, guardianship, or adoption.
Farmers/open air market
A public market held at regular intervals outdoors at which farmers and often other vendors sell agricultural and aquaculture products directly to consumers.
Farm stand
A temporary open air stand or place for the seasonal selling of agricultural produce. A produce stand is portable and capable of being dismantled or removed from the sales site.
Fill, lot
The amount of fill added to a lot will be no greater than one foot above the crown of the road or even with the highest adjacent lot, whichever is less, and will not be greater than is necessary to meet the health department requirements for an improvement permit. Fill greater than one foot will have an engineered fill plan for stabilization and stormwater retention. Lots requiring fill greater than one foot for the purposes of elevating above flood for letters of map amendments through filling, leveling a lot with drastic elevations or for the purpose of commercial stormwater designs may do so in accordance with Section 10.104.1.
Filling station
See Service station.
Fixture
An assembly that houses the lamp and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and /or a refractor or lens.
Flagpole
A freestanding structure or a structure attached to a building or to the roof of a building on a parcel of record and used for the sole purpose of displaying flags.
Flea market
An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures.
Flood Damage Prevention Definitions
(1)
Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure.
(2)
Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
(3)
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of the Flood Damage Prevention regulations.
(4)
Area of shallow flooding means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
(5)
Area of special flood hazard See "Special Flood Hazard Area (SFHA)".
(6)
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
(7)
Base flood elevation (BFE) means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation."
(8)
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
(9)
Building See "Structure."
(10)
Chemical storage facility means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
(11)
Coastal Area Management Act (CAMA) means North Carolina's Coastal Area Management Act, this act, along with the Dredge and Fill Law and the Federal Coastal Zone Management Act, is managed through North Carolina Department of Environment and Natural Resources' (NCDENR's) Division of Coastal Management (DCM).
(12)
Coastal A Zone (CAZ) means an area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones; in a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal A Zones are not normally designated on FIRMs. (see Limit of Moderate Wave Action (LiMWA))
(13)
Coastal barrier resources system (CBRS) consists of undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by Federal or State governments or private conservation organizations identified as Otherwise Protected Areas (OPA).
(14)
Coastal high hazard area means a Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in Article 3, Section B of this Ordinance, as Zone VE.
(15)
Design flood means the flood associated with the greater of the following two areas:
(a)
Area with a floodplain subject to a one percent or greater chance of flooding in any year; or
(b)
Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
(16)
Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
(17)
Development activity means any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
(18)
Digital flood insurance rate map (DFIRM) means the digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
(19)
Disposal means, as defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(20)
Elevated building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
(21)
Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures or development into a special flood hazard area, which may impede or alter the flow capacity of a floodplain.
(22)
Existing building and existing structure means any building and/or structure for which the "start of construction" commenced before March 26, 1971 (old Long Beach section), Feb. 16, 1977 (old Yaupon section) and May 15, 1986 (Brunswick County un-incorporated areas). Note: Oak Island was incorporated on July 1, 1999, which encompassed the municipalities of Long Beach, Yaupon Beach and un-incorporated areas of Brunswick County.
(23)
Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.
(24)
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a)
The overflow of inland or tidal waters; and/or
(b)
The unusual and rapid accumulation or runoff of surface waters from any source.
(25)
Flood boundary and floodway map (FBFM) means an official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
(26)
Flood hazard boundary map (FHBM) means an official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
(27)
Flood insurance means the insurance coverage provided under the National Flood Insurance Program.
(28)
Flood insurance rate map (FIRM) means an official map of a community, issued by the FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated (see also DFIRM).
(29)
Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
(30)
Flood prone area See "Floodplain."
(31)
Flood zone means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
(32)
Floodplain means any land area susceptible to being inundated by water from any source.
(33)
Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.
(34)
Floodplain development permit means any type of permit that is required in conformance with the provisions of this Ordinance, prior to the commencement of any development activity.
(35)
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
(36)
Floodplain management regulations means this Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
(37)
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
(38)
Flood-resistant material means any building product [material, component or system] capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
(39)
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(40)
Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models.
(41)
Freeboard means the height added to the BFE to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the "Regulatory Flood Protection Elevation."
(42)
Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
(43)
Hazardous waste management facility means, as defined in G.S. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
(44)
Highest adjacent grade (HAG) means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
(45)
Historic structure means any structure that is:
(a)
Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
(b)
Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c)
Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program"; or
(d)
Certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program."
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.
(46)
Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(a)
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(b)
Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(c)
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
(d)
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
(47)
Light duty truck means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:
(a)
Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(b)
Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(c)
Available with special features enabling off-street or off-highway operation and use.
(48)
Limit of moderate wave action (LiMWA) means the boundary line given by FEMA on coastal map studies marking the extents of Coastal A Zones (CAZ).
(49)
Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.
(50)
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.
(51)
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
(52)
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(53)
Market value means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.
(54)
Mean sea level means, for purposes of this Ordinance, the North American Vertical Datum (NAVD) as corrected in 1988, to which Base Flood Elevations (BFEs) shown on a DFIRM are referenced. North Carolina uses NAVD 1988.
(55)
New construction means structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.
(56)
Non-conversion agreement means a document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has been completed.
(57)
Non-encroachment area (NEA) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report.
(58)
Otherwise protected area (OPA) See "Coastal Barrier Resources System (CBRS)."
(59)
Post-FIRM means construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map.
(60)
Pre-FIRM means construction or other development for which the "start of construction" occurred before March 27, 1971 (old Long Beach section), June 28, 1974 (old Yaupon Beach Section) and Dec. 9, 1977 (Brunswick County unincorporated areas), the effective date of the initial Flood Insurance Rate Map.
(61)
Primary frontal dune (PFD) means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
(62)
Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.
(63)
Public safety and/or nuisance means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(64)
Recreational vehicle (RV) means a vehicle, which is:
(a)
Built on a single chassis;
(b)
400 square feet or less when measured at the largest horizontal projection;
(c)
Designed to be self-propelled or permanently towable by a light duty truck;
(d)
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use, and
(e)
Is fully licensed and ready for highway use.
(65)
Reference level is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within Special Flood Hazard Areas designated as Zone VE.
(66)
Regulatory flood protection elevation means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus one feet of freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
(67)
Remedy a violation means to bring the structure or other development into compliance with State and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
(68)
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
(69)
Salvage yard means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.
(70)
Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
(71)
Shear wall means walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.
(72)
Solid waste disposal facility means any facility involved in the disposal of solid waste, as defined in G.S. 130A-290(a)(35).
(73)
Solid waste disposal site means, as defined in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
(74)
Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in Article 3, Section B of this Ordinance.
(75)
Start of construction includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
(76)
Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
(77)
Substantial damage means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement".
(78)
Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(a)
Any correction of existing violations of State or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b)
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance issued pursuant to Article 4 Section E of this Ordinance.
(79)
Technical bulletin and technical fact sheet means a FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive State or local regulations apply to the building or site in question. All applicable standards of the State or local building code must also be met for any building in a flood hazard area.
(80)
Temperature controlled means having the temperature regulated by a heating and/or cooling system, built-in or appliance.
(81)
Variance is a grant of relief from the requirements of the Flood Damage Prevention regulations.
(82)
Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is provided.
(83)
Water surface elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(84)
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Foot-candle (FC)
A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot. A foot-candle is how bright the light is one foot away from the source.
Forestland
Land that is devoted to growing trees for the production of timber, wood, and other forest products.
Forestry
The professional practice embracing the science, business, and art of creating, conserving, and managing forests and forestland for the sustained use and enjoyment of their resources, materials, or other forest products.
Forestry activity
Any activity associated with the growing, managing, harvesting, and related transportation, reforestation, or protection of trees and timber, provided that such activities comply with existing State rules and regulations pertaining to forestry.
Fraternal organization
Any facility which a class or group of people use for meetings or religious or philanthropic purposes, subject to the regulations of the organization. A fraternal organization shall differ from a club or lodge in that entertainment or recreational facilities shall not be provided.
Frontage
All of the property abutting on one side of a street between two intersecting streets measured along the street line.
Fully-shielded lights
Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane.
"G"
Gameroom
A use providing video games or other games for playing for amusement and recreation. Any table games such as air hockey, football, pinball, or the like shall be included under this definition. More than three such games shall constitute a primary use and shall be allowed only in those zoning districts permitting gamerooms as a listed permitted use or by a special use permit. Three or fewer such games shall constitute an accessory use and may be permitted in any licensed retail business.
Garage, commercial
Any building or premises, except those described as a private or parking garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
Garage, parking
Any building or premises, other than a private or commercial garage, used exclusively for the parking or storage of motor vehicles.
Garage, private
A building or space used as an accessory to or a part of the main 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 in any way conducted.
Glare
The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.
Granny pod/temporary health care structure
A temporary structure that will house a single mentally or physically impaired person in accordance with G.S. 160A-383.5. The statute defines these to be North Carolina residents who require assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation, transferring, toileting, and eating). The impairment must be certified in writing by a physician licensed in North Carolina.
Grocery store
A retail establishment, not a convenience store, for the display and sale of meat, fruits, fresh and packaged foods, cleaning supplies, paper goods, pet supplies, health and beauty products, bakery products, dairy products, wine, beer, and similar items for human consumption and may include a bakery, delicatessen or prescription pharmacy.
Gross floor area
The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
Ground disturbing activity
Any use of land by any person that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This term includes any activity involving, requiring or consisting of the construction or enlargement of a structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; and cleaning or alteration of the shore or bank of water bodies in the town's jurisdiction. The following activities shall not be considered ground disturbing activities under this article:
(1)
The use of land for the purposes of planting, growing, or harvesting plants, crops, trees, grass or other agricultural or forestry products.
(2)
Work by any utility company and other persons engaged in the distribution and transmission of petroleum products, water, telephone, or telegraph messages, or electricity for the purpose of inspecting, repairing, maintaining, or upgrading any existing substations, sewers, mains, pipes, cables, utility tunnels, lines, towers, poles and the line on any of its existing utility property or rights-of-way, or the extension of any of the distribution related facilities in this subsection (2) of this definition to serve development.
(3)
Work by any utility and other persons for the purpose of construction of facilities for the development, generation, and transmission of energy to the extent that such activities are regulated by other law or by present or future rules of the state's utility commission regulating the siting of such facilities, and work on facilities used directly in connection with the facilities in this subsection (3) of this definition.
(4)
Work by a highway or road agency for the maintenance of an existing road, if the work is carried out on land within the boundaries of the existing right-of-way.
Guesthouse (tourist home)
Any dwelling occupied by the owner or operator which rooms are rented for guests and for lodging of transients and travelers for compensation.
Gun range
An area or facility designed and operated for the use of firearms for the purpose of practice shooting and is for commercial purposes.
"H"
Habitable Room
A room or heated floor space used or intended to be used for living or sleeping, excluding bathrooms, kitchens, places for cooking or eating purposes, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets, and storage spaces.
Hazardous material
Any material defined as a hazardous substance under 29 Code of Federal Regulations 1910.120(a)(3).
Heath spa
A profit-making business or a private club as opposed to YMCA. Spa would include such activities as weight lifting, exercising, steam room, whirlpool, sauna, and possibly other gymnastics.
Home occupation
Any profession or occupation carried on entirely within a dwelling providing that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that no more than 25 percent of the total floor area is used for such purposes, and that there is no outside or window display. No mechanical equipment shall be installed or used other than is normally used for domestic or home occupation purposes.
Hotel (motel)
A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of such guests; and having or not having one or more dining rooms, restaurants, or cafes where meals or lunches are served to such transient or permanent guests, such sleeping accommodations and dining rooms, restaurants, or cafes, if existing, being conducted in the same buildings in connection therewith. In a residential zoning district, this definition includes any structure permitted after the date of adoption of this Ordinance for temporary or permanent occupancy by more than 14 individuals if the property is available for temporary rental to the general public.
"I"
Inoperable vehicle
Any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this Ordinance, any vehicle which is registered with the North Carolina Department of Motor Vehicles and has a current North Carolina motor vehicle registration license affixed to it shall not be considered inoperable.
Institutionalized persons
Persons who are committed through some legal process (jail, hospital ward for the dangerously mentally ill), or persons committed to an institution, such as a halfway house, on a time-of-day basis.
"J"
Junkyard
Any land or area used, in whole or in part, for storage and/or sale of wastepaper, rags, scrap metal, vehicles or other junk, and including storage of inoperative motor vehicles and dismantling of such vehicles or machinery.
"K"
Kennel
A commercial operation that: (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), (ii) engages in the breeding of animals for sale, or (iii) engages in the training or breeding of animals.
"L"
Lamp
Part of the fixture that produces actual light.
Landowner
Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as their agency or representative for purposes of submitting a proposed site specific development plan or a phased development plan under this Ordinance.
Light source The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
Light trespass
The shining of light produced by a light fixture beyond the boundaries of the property on which it is located as defined by the off-site illumination standards set forth in Section 10.42.
Loading and unloading area
That portion of the vehicle accommodation area used to satisfy the requirements of Article 10, Part III.
Lot
A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
Lot, corner
A lot abutting upon two or more streets at their intersection.
Lot depth
The distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite main rear line of the lot.
Lot, flag
A flag-shaped lot with its widest point set back from the street or natural amenity, being Davis Creek, the Intracoastal Waterway, the Atlantic Ocean, or other navigable waters, at the rear of another lot and having a thin strip of land connecting to the road or natural amenity to provide legal access and frontage.
Lot, frontage
The length of the front lot line as measured at a street right of way line, with the exception of flag lots and interior lots adjacent to Davis Canal, the Intracoastal Waterway, the Atlantic Ocean, or other navigable waters where the setback shall be 25 feet from the water side.
Lot, front line
The portion of a lot abutting a street right of way from which the front yard setback shall be measured. For the purpose of establishing the setbacks required within this chapter and assigning addresses to developing properties, the following standards shall apply in determining the boundary of a lot that is to be considered the front lot line: (1) In the case of a corner lot, the boundary with the shortest dimension in linear feet abutting a street right of way line shall be considered the front lot line; (2) Where a corner lot exists with equal frontage along two street rights of way, the lot shall be considered to front on the street where the lots within that block have the greater lot frontage as measured in linear feet; and (3) In the case of a through lot, both lot lines abutting a street right of way shall be deemed front lot lines. Addresses shall be assigned to correspond with the front lot line as established in accordance with these standards regardless of the orientation of the structure to be placed upon the lot; therefore, since the front yard is the addressed side then the opposite side is the rear yard.
Lot, interior
A lot other than a corner lot.
Lot lines
The lines bounding a lot.
Lot of record
A lot which is a part of a subdivision, a plat of which has been recorded in the office of the county register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.
Lot, through
An interior lot having frontage on two parallel streets.
Lot width
The straight line distance between the points where the building setback line intersects the two side lot lines.
Lumen
Total quantity of light produced by a light source.
"M"
Manufactured home
A residential dwelling unit that is:
(1)
Not constructed in accordance with the standards set forth in the state building code;
(2)
Composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the lot on its own chassis; and
(3)
At least 550 square feet in size.
A manufactured home may also be referred to as a "mobile home."
Manufactured home, class A
A manufactured home five years old or younger 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 each of the following additional criteria:
(1)
The minimum size is 550 square feet.
(2)
The pitch of the roof of the manufactured home has a minimum vertical rise of two point two feet for each 12 feet of horizontal run; the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint.
(3)
The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, and which does not exceed the reflectivity of gloss white paint.
(4)
Except for units located within an approved manufactured home park, a continuous masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footer, as set forth in the North Carolina State Building Code, after placement on the lot and before occupancy.
(5)
Except for units located within an approved manufactured home park, the tongue, axis, transporting light, and removable apparatus are removed after placement on the lot and before occupancy.
(6)
The manufactured home is set up on the site in accordance with the standards set by the state department of insurance and any other applicable state and local laws.
(7)
Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by the state department of insurance and any other applicable state and local laws.
(8)
The manufactured home shall be set back in accordance with the laws spelled out within the text of this article.
Manufactured home park
Any site or tract of land of contiguous ownership upon which manufactured home spaces are provided for manufactured home occupancy whether or not a charge is made for such service. This does not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sales.
Manufactured home space
A plot of land within a manufactured home park designed for the accommodation of one manufactured home.
Marina
Any publicly or privately owned dock, basin, or wet boat storage facility constructed to accommodate more than ten boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities, and repair service. Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services.
Microbrewery
A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premise.
Modular structure
A structure that is constructed in accordance with the construction standards of the state uniform residential building code for one- and two-family dwellings and composed of components substantially assembled in a manufacturing plant and transplanted to the building site for final assembly and placement on a permanent foundation.
Multi-use commercial
A building or buildings designed or constructed to accommodate three or more commercial uses totaling under 10,000 square feet of gross leasable area.
Mural
A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic, but that does not contain any brand name, product name, letters of the alphabet spelling or abbreviating the name of any product, company, profession, or business, or any logo, trademark, or trade name.
"N"
Night club
An establishment dispensing liquor (aka alcohol) and meals and in which music, dancing, or entertainment is conducted.
Nonconforming lot
A lot that does not meet the minimum area requirements of the district in which the lot is located.
Nonconforming use
The use of a building, manufactured home, or land which does not conform to the use regulations of this article for the district in which it is located, either at the effective date of the ordinance from which this article is derived or as a result of subsequent amendments which may be incorporated into this article.
Nursing home
A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
"O"
Observation tower
A tower designed and intended to be used by the public that may be attached to a building or constructed on the ground that is maintained so as to be open and available to the public for observation of the surrounding area.
Oceanfront light trespass
The shining of light produced by a light fixture beyond the boundaries of the property on which it is located during turtle season.
Office
Quarters maintained by individuals or corporation for the purpose of offering services in which no goods or merchandise are sold or displayed over the counter.
Official maps and plans
Any maps or plans officially adopted by the City Council as a guide for the future development and growth of the City and the area immediately adjacent to it. Such maps or plans may consist of maps, charts, and text.
Open space
An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state.
Outdoor lighting
Nighttime illumination of an outside area, object, or building by any manmade device located outdoors or indoors that produces light by any means.
Outdoor sales and displays
An exhibition meant to enhance an existing business, or as a standalone use, where merchandise, wares or other tangible items are displayed for show and/or sale out-of-doors. Outdoor sales and displays can be primary use on a site if no other principal uses exist and an accessory use if there are existing principal uses already in effect.
"P"
Parking area aisles
That portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
Parking facility (lot)
Any area, either open or enclosed, structural or on grade located outside of the public right-of-way and having an approved means of ingress and egress.
Parking space
A storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space.
Permitted use
Any use permitted as a right in a zoning district and subject to the limitations of the regulations of the zoning district.
Person
An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.
Pier
A wharf, deck, quay, or other structure allowing access to water for recreational and commercial boating, swimming, diving, fishing and transportation. The term pier includes docks.
Pier, commercial
A privately, jointly, or publicly owned structure used for recreational or commercial activity where a user fee is required or the use of the pier involves goods which are introduced into commerce.
Pier, private
A privately owned structure used specifically for recreational or fishing-related activities.
Photovoltaic power
An active solar energy system that converts solar energy directly into electricity.
Planned unit development (PUD)
A form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, density increases, and a mix of building types and land uses.
Planning board
The public agency in a community usually empowered to prepare a comprehensive plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan.
Porch
A roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of sheltering from the rays of the sun and from rain and weather, exclusive of vehicles.
Premises
A parcel of land and its accompanying structure.
Principal use and principal use structure
A use or structure that constitutes or is occupied by the primary or predominant use of the lot, in accordance with the purposes established under division 4 of this article for the zoning district in which such lot is located.
Private club or lodge
A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its members, and whose members meet certain prescribed qualifications for membership and pay membership dues.
Private road or street
Any road or street, within a manufactured home park, group housing project, commercial center, industrial park or other development which is not publicly maintained and is used for access by the occupants of the development, their guests and the general public.
Property
All real property subject to zoning regulations and restrictions and zone boundaries by the town.
Public
Belonging or open to, enjoyed and used by and/or maintained for the public generally, but not limited to a facility the control of which is wholly or partially exercised by some governmental agency.
Public utility
A public service corporation performing some public service and subject to special governmental regulations. Such services shall include, but are not limited to, water supply, electric power and gas distribution.
"Q"
Quasi-judicial decisions
Those decisions that require the finding of facts and the application of standards that involve judgment and discretion. Examples include special use permits and variances.
"R"
Real estate broker
A real estate broker as defined in G.S. 93A-2(a).
Reasonable accommodations
Accommodations held to be reasonable include conversion of a motel to a shelter and a variance from setback requirements. A total exclusion of all nursing home facilities and assisted living residences from a residential district has been held to be a failure to make reasonable accommodations.
Recreational vehicle
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a passenger motor vehicle or a light-duty truck or designed to be carried on a pickup truck; and
(4)
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational vehicle park
A lot, parcel or tract of land designed to accommodate two or more recreational vehicles, motor homes and tents, but not manufactured homes, together with supporting facilities and required open spaces. This definition shall not include migrant labor camps, manufactured home parks or recreational vehicle sales lots.
Renewable energy resource
A solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy resource; a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. Renewable energy resource does not include peat, a fossil fuel, or nuclear energy resource.
Residential child-care facility
A staffed premise with paid or volunteer staff where children receive continuing full-time foster care. Residential child-care facility includes child-caring institutions, group homes, and children's camps which provide foster care, but not family care homes.
Residential cluster development
A development design wherein conventional zoning standards are relaxed to permit modifications in lot area, lot width, lot frontage, lot coverage, required yards, and public street access, and to save infrastructure development cost, environmental damage, energy use and land resources by concentrating dwellings in specific areas of the site without increasing the net density above that which would normally be allowed pursuant to Article 8, Zoning District Development Standards.
Residential property
An apartment, condominium, single-family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period. (G.S. 42A-4(2))
Restaurant
An establishment where food service is a primary activity. The facility may be designed to cater or accommodate the consumption of food either on or off the premises. The serving of alcoholic beverages in a restaurant shall be in compliance with the ABC laws.
Right-of-way
The term "right-of-way" for land platting purposes shall mean that each street or road right-of-way hereafter established and shown on a final plat is to be SEPARATE AND DISTINCT from the lots or parcels of land adjoining such streets or road right-of-way and not included within area requirements for such lots or parcels.
"S"
Self-service storage facility (or mini-warehouse)
A structure containing separate, individual, and private storage spaces of varying size, leased or rented on individual leases for varying periods of time. Said spaces shall not be utilized for the storage of flammable or hazardous chemicals or explosives.
Service station
Any building or land used for the dispensing, sale or offering for sale at retail, any automobile fuels, lubricants, tires, and accessories, except that car washing, mechanical and electrical repairs, and tire repairs are only performed indoors. Incidental activities shall not include tire retreading, major body work, or major mechanical work.
Setbacks
The required distance between every structure and the lot lines of the lot on which it is located.
Sexually oriented businesses
Any place defined as an "adult establishment" by G.S. 14-202.10 as such statute may be amended, except that the definition of massage business shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business, or similar health related business. Sexually oriented businesses specifically include however, any massage business where massages are performed on any clients "specified anatomical areas" as this term is defined by G.S. 10-202.10, as amended. This term may also be used interchangeably with adult entertainment business.
Shadow flicker
The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
Shielding
A design feature or a device that is applied to a light fixture or to a structure on which a light fixture is mounted to prevent its light output from being visible from selected locations or horizontal and/or vertical angles.
Shelter, oceanfront
A freestanding, unenclosed structure located on an oceanfront lot. The maximum size of the structure footprint is 200 square feet. No utilities other than water for foot showers are allowed. The structure must meet the setback requirements for the district in which it is located.
Shopping center
A building or building located on the same site having three or more commercial uses with a minimum of 10,000 square feet of total gross leasable area, planned and constructed as a single or phased project.
Shrub, intermediate
Deciduous or evergreen plants installed at a minimum height of 36 inches, a minimum of five canes, and a minimum spread of roots or rootball diameter of 14 inches.
Shrub, large
Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum height of five feet, a minimum of six canes, and a minimum spread of roots or rootball diameter of 24-inches. Large shrubs shall be maintained at a height of six to ten feet, and shall be of a vegetation family which normally does not grow taller than ten feet.
Sign Regulations Definitions
(1)
Animation means the movement, or optical illusion of movement of any part of the sign. Also included in this definition are signs having chasing action which is the action of a row of lights commonly used to create the appearance of motion. Automatic changeable copy boards are permitted provided that there is no running action to copy and provided that the copy does not change more than once every one minute. No flashing, revolving, or intermittent illuminating shall be employed.
(2)
Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same property as the light source. Also, any light with one or more beams that rotate or move.
(3)
Copy means any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface.
(4)
Parapet means the extension of a false front or a false wall above the roofline.
(5)
Roof Line means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
(6)
Sign means any words, lettering, figures, numerals, emblems, devices, trademarks or trade names, or any combination thereof, by which anything is made known and which is designed to attract attention and/or convey a message. The following shall not be included in the application of the regulations of this article:
(a)
Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotation.
(b)
Flags and insignias of any government except when displayed in connection with commercial promotion.
(c)
Legal notices, identification, information, or directional signs erected or required by governmental bodies.
(d)
Integral decorative or architectural features on buildings except letters, trademarks, moving parts, or moving lights.
(e)
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(f)
Murals as defined in this Ordinance.
(7)
Sign, A-Frame means any sign constructed in such a manner as to form an "A" or tent-like shape, hinged or not hinged at the top; each angular face held at an approximate distance by a supporting member. Also referred to as sandwich boards.
(8)
Sign area means the entire face of a sign and all wall work including illuminating tubing incidental to its decoration shall be included for measurement of sign areas. In the case of an open sign made up of individual letters, figures or design, all intervening area shall be included as part of the sign area. In computing sign area, only one side of a double face sign structure shall be considered.
(9)
Sign, awning means any non-illuminated sign painted on or applied to a structure made of cloth, canvas, metal, or similar material that is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building.
(10)
Sign, business identification means any sign which advertises an establishment, a service, commodity, or activity conducted upon the premises where such sign is located.
(11)
Sign, column/pole means a freestanding sign supported by one or more columns or poles or other similar support.
(12)
Sign, commercial accessory means a freestanding sign on a commercial parcel relating to the products sold thereon in addition to the principal use sign.
(13)
Sign, construction means a sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier or others involved in the development of the project.
(14)
Sign, feather flag means freestanding temporary sign typically constructed of a single plastic or metal shaft driven in the ground with an attached pennant that is vertically elongated and attached to the shaft.
(15)
Sign, flag means a device generally made of flexible material, usually cloth, paper or plastic, typically used as a symbol of a government, school, or religion. The term "Flag" does not include feather flag signs.
(16)
Sign, freestanding means sign that (i) is not directly attached to, erected on, or supported by a building or other structure having a principal function other than the support of such sign, but (ii) is instead attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of a building or other structure having a principal function other than the support of a sign.
(17)
Sign, ground-mounted means freestanding sign, supported by a contiguous structural base or planter box that is permanently affixed to the ground.
(18)
Sign, height of means the vertical distance measured from the ground to the top of the sign face or sign structure, whichever is greater.
(19)
Sign, ID plaques means any sign indicating the name and addressing of a building; or the name of an occupant thereof, and the practice of a permitted occupation therein.
(20)
Sign, message board means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. This definition does not include menu and sandwich board signs.
(21)
Sign, monument means any sign permanently attached to the ground and not attached to any building advertising multiple tenants, multiple uses, multiple buildings or multiple parcels. The design of the monument sign is to advertise multiple offerings in the building, group of buildings, or development area. Individual business within multi-tenant facilities are not permitted freestanding signs and shall have their signage located on a monument sign.
(22)
Sign, nonconforming means a sign which was legally erected prior to the effective date of this Ordinance, but which does not conform to these regulations.
(23)
Sign, outdoor advertising means any sign, including a standard poster panel, either freestanding or attached to a structure, which directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than on the premises on which such sign is located.
(24)
Sign, portable means any sign not permanently affixed or which is capable of being transported on its own chassis or by other mobile means.
(25)
Sign, principal use means a sign which directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered on the premises upon which such sign is located.
(26)
Sign, projecting means any sign, other than a wall, awning, canopy or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.
(27)
Sign, roof means any sign erected, constructed, or maintained upon or over the roof of a building, or extending above the highest wall of the building, and having its principal support on the roof or walls of the building.
(28)
Sign, snipe means a sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or to other objects.
(29)
Sign, temporary means any sign that advertises or directs attention to a product, event, election, activity, meeting, exhibition, or performance of any kind where such a sign is not permanently affixed, placed, or erected and is allowed for a limited timeframe.
(30)
Sign, wall means any sign attached to, painted on, or erected against any wall of a building or structure so that the exposed face of the sign is on a plane parallel to the plane of said wall and which does not extend more than eighteen inches from the wall.
(31)
Sign, wind means any display or series of objects designed and fashioned in such a manner as to move when subjected to internal wind pressure.
(32)
Sign, window means any sign appearing in, on or through a window of a structure and visible from outside. The term window sign shall not be used to define a window display.
Site plan
A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features both natural and manmade and, depending on requirements, the location of proposed utility lines.
Site plan, major
All site plans not meeting the requirements for a minor site plan.
Site plan, minor
Includes the following:
(1)
Buildings or additions with an aggregate enclosed square footage of less than 7,000 square feet;
(2)
Buildings or additions involving land disturbance of less than one acre;
(3)
Multi-family development involving fewer than ten dwelling units;
(4)
Parking lot expansions which comply with this Ordinance with no increase in enclosed floor area;
(5)
Revision to landscaping, signage, or lighting which comply with the requirements of this Ordinance;
(6)
Accessory uses which comply with the requirements of this Ordinance;
(7)
Site plans which do not require a variance or modification of the requirements of this Ordinance, and otherwise comply with this Ordinance; and
(8)
Site plans which do not require easement dedication or street construction.
Solar collector (accessory)
Any solar device that absorbs and accumulates solar radiation for use as a source of energy. The device may be roof-mounted or ground-mounted as an accessory use.
Solar energy
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
Solar energy system
A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. Solar Energy Systems may include, but not be limited to, solar farms and any of several devices that absorb and collect solar radiation for use as a source of energy as an accessory use.
Solar farm
An area of land designated use for the sole purpose of deploying photovoltaic power and generating electric energy.
Special use
A use permitted in one or more zones but which, because of characteristics peculiar to such use, requires a special degree of control to make such uses compatible with other uses in the same districts.
Standing
The following persons shall have standing to file a petition or appeal under this Ordinance:
(1)
Any person meeting any of the following criteria:
(a)
Has an ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.
(b)
Has an option or contract to purchase the property that is the subject of the decision being appealed.
(c)
Was an applicant before the decision-making board whose decision is being appealed.
(2)
Any other person who will suffer special damages as the result of the decision being appealed.
(3)
An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.
(4)
A town whose decision-making board has made a decision that the Council believes improperly grants a variance or is otherwise inconsistent with the proper interpretation of an ordinance adopted by the Town Council.
Story
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. In computing the height of a building, the height of any basement or cellar, if below grade, shall not be included.
Street
A thoroughfare that affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley.
Street line
The line between the street right-of-way and abutting property.
Street, through
Oak Island Drive, Yacht Drive, Beach Drive, Dolphin Drive, Ocean Drive, Elizabeth Drive, Country Club Drive and Long Beach Road.
Structure
Anything constructed or erected with a fixed location on or in the ground or attached to something having more or less a fixed location on or in the ground. Among other things, structures include buildings, manufactured homes, walls, fences, signs, billboards, poster panels and swimming pools.
Structural alterations
Any change, except for repair or replacement, in the supporting members of a structure, such as bearing walls, columns, beams or girders.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by article 10, part V:
(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 municipality as shown on its subdivision regulations.
(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 or for public transportation system corridors.
(4)
The division of a tract in single ownership whose entire area 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 municipality, as shown in its subdivision regulations.
(5)
The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.
Subdivision, major
Any subdivision other than a minor subdivision.
Subdivision, minor
A subdivision that does not involve any of the following: (i) the creation of more than a total of five lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; or (iv) the installation of drainage improvements through one or more lots to serve one or more other lots.
Substantial improvement
Any repair, reconstruction or improvement of a building, the cost of which equals or exceeds 50 percent of the market value of the building, either before improvement or repair is started, or if the structure has been damaged. For the purposes of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
Swimming pool
A structure, whether above or below grade level, designed to hold water more than 30 inches deep to be used for recreational purposes.
"T"
Temporary emergency, construction or repair residence ;b0;Temporary accommodations such as manufactured housing, recreational vehicle, or a travel trailer providing temporary housing accommodations for individuals or families whose homes have been destroyed or significantly damaged, through no fault of the owner, by an emergency or natural disaster as determined by the town manager. A subordinate residence (which may be a Class B manufactured home, travel trailer) that is: located on the same lot as a single-family dwelling made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed.
Temporary outdoor lighting
Artificial illumination of an outside area for a period of less than seven days, with at least 90 days passing before being used again.
Temporary storage facility (portable storage units)
Any container intended for storing or keeping household goods, other personal property or business related goods intended to be filled, refilled, or emptied while located outdoors and later removed from the property for storage or disposal off-site. Temporary storage facilities are sometimes also known as portable storage units or portable storage containers.
Therapeutic foster home
A family foster home where, in addition to the provision of foster care, foster parents who receive appropriate training provide a child with behavioral health treatment services under the supervision of a county department of social services, an area mental health program, or a licensed private agency and in compliance with licensing rules adopted by the Commission.
Tiny house
A single-family detached home that is 200 square feet to 699 square feet in size (not including loft space) and complies with the North Carolina State Building Code, includes container homes. A tiny house on wheels for permanent occupancy (longer than 30 days) is considered a recreational vehicle.
Tower
A portion of a building that is higher than the remainder of the building, or a tall structure of small dimension separate from the building it accompanies such as the campanile of a church.
Travel trailer
Any vehicle or structure originally designed to be transported and intended for human occupancy for a short period of time, such vehicle usually containing limited or no kitchen and bathroom facilities. Travel trailers shall include the following:
(1)
House trailer. A vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation, and vacation purposes, having a body width of eight feet or less or a body length of 32 feet or less when equipped for road travel.
(2)
Pickup coach. A portable structure for use as a temporary dwelling for travel, recreation, and vacation, designed to be mounted on a truck chassis for a temporary dwelling while either mounted or dismounted.
(3)
Motor home. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle. This definition shall include vans or panel trucks equipped for camping.
(4)
Camping trailer. A folding structure manufactured of metal, wood, canvas, and/or other materials, mounted on wheels and designed for travel, recreation, and vacation use.
"U"
UDO administrator
The UDO Administrator is the Planning and Development Director or a designee appointed by the City Manager.
Unified tract development
A tract of land under single, individual, corporate, firm, partnership or association ownership, or under common control, that is planned and developed as an integral unit in which lot sizes, setbacks, densities and land uses may be adjusted in return for conformity with an approved plan for the entire project.
Uplighting
For pole-mounted or wall-mounted fixtures, light that projects above an imaginary horizontal plane through the fixture; for fixtures intended to light a nonresidential building, light that projects above the lowest roofline.
Use
The activity or function that actually takes place or is intended to take place on a lot.
"V"
Vacation rental
The rental of residential property for vacation, leisure, or recreational purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return. (G.S. 42A-4(3))
Vacation rental agreement
A written agreement between a landlord or his or her real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental.
Variance
A relaxation of the terms of this article 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 the action of the applicant a literal enforcement of this article would result in unnecessary and undue hardship. As used in this article, a variance is authorized only for height, area, and size of a structure 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 accommodation area
That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).
Vendor
A person, other than a merchant with an established retail store in the town, who transports an inventory of goods to a building, vacant lot, or other location in a town and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.
"W"
Water tower
A water shortage 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.
Wind farm
An electricity-generating facility whose main purpose is to supply electricity to the electrical grid, consisting of one or more wind turbines and other accessory structures and buildings including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities, which has a rated capacity of greater than 100 kW.
Wind energy generator (accessory)
A single system consisting of a single wind turbine, a tower, and associated control or conversion electronics designed to supplement other electricity sources as an accessory use to existing buildings or facilities, which has a rated capacity of not more than 100 kW.
Wind power
Power that is generated in the form of electricity by converting the rotation of wind turbine blades into electrical current by means of an electrical generator.
Wind turbine
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, and pad transformer.
Wind turbine height
The distance measured from grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
Wireless Communication Facilities Definitions
(1)
Abandonment means cessation of use of a wireless support structure for wireless telecommunication activity for at least the minimum period of time specified under this Ordinance.
(2)
Accessory equipment means any equipment serving or being used in conjunction with a Wireless Facility or Wireless Support Structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
(3)
Antenna means communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
(4)
Application, wireless facility means a formal request submitted to the UDO Administrator to construct or modify a wireless support structure or a wireless facility.
(5)
Carrier on wheels or cell on wheels (COW) means a portable self-contained Wireless Facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the Antenna support structure.
(6)
Collocation means the mounting or installation of transmission equipment on a currently existing tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(7)
Communication tower means a new or existing structure, such as a monopole, lattice tower, guyed tower, fire observation tower, or water tower that is designed to support or is capable of supporting equipment used in the transmission or receipt of television broadcast signals, radio wave signals, or electromagnetic radio signals used in the provision of wireless communication service.
(8)
Concealed wireless facility means any Wireless Facility that is integrated as an architectural feature of an Existing Structure or any new Wireless Support Structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the Facility or Wireless Support Structure is not readily apparent to a casual observer.
(9)
Electrical transmission tower means an electrical transmission structure used to support high voltage overhead power lines. The term shall not include any Utility Pole.
(10)
Eligible facilities request means a request for 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.
(11)
Equipment compound means an area surrounding or near the base of a Wireless Support Structure within which a wireless facility is located.
(12)
Existing structure means a Wireless Support Structure, erected prior to the application for collocation or substantial modification under this Ordinance, that is capable of supporting the attachment of Wireless Facilities, including, but not limited to, Electrical Transmission Towers, buildings, and Water Towers. The term shall not include any Utility Pole.
(13)
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.
(14)
Monopole means a single, freestanding pole-type structure supporting one or more Antennas. For the purposes of this Ordinance, a Monopole is not a Tower or a Utility Pole.
(15)
Ordinary maintenance means ensuring that Wireless Facilities and Wireless Support Structures are kept in good operating condition. Ordinary Maintenance includes inspections, testing, and modifications that maintain functional capacity and structural integrity; for example, the strengthening of a Wireless Support Structure's foundation or of the Wireless Support Structure itself. Ordinary Maintenance includes replacing Antennas of a similar size, weight, shape, and color and Accessory Equipment within an existing Equipment Compound and relocating the Antennas to different height levels on an existing Monopole or Tower upon which they are currently located. Ordinary Maintenance does not include Substantial Modifications.
(16)
Replacement pole means a pole of equal proportions and of equal height or such other height that would not constitute a Substantial Modification to an Existing Structure in order to support Wireless Facilities or to accommodate Collocation. Requires removal of the Wireless Support Structure it replaces.
(17)
Satellite dish antenna or satellite earth station means an antenna and attendant processing equipment for reception of electronic signals from satellites.
(18)
Search ring means the area within which a Wireless Support Facility or Wireless Facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
(19)
Substantial modification or change 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. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the Wireless Support Structure.
(a)
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent, or by the height of one additional Antenna array with separation from the nearest existing Antenna not to exceed 20 feet, whichever is greater. For other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the U.S. Spectrum Act.
(b)
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of a tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. For other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
(c)
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.
(d)
It entails any excavation or deployment outside the current site.
(e)
It would defeat the concealment elements of the eligible support structure.
(f)
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections (a) through (e) above.
(20)
Tower means a lattice-type structure, guyed or freestanding, that supports one or more Antennas.
(21)
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 part of the State highway system.
(22)
Town utility pole means a utility pole owned or operated by a town in the right-of-way of any public street or alley that is not a part of the State highway system.
(23)
Utility pole means a structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.
(24)
Wireless facility or wireless facilities means the set of equipment and network components, exclusive of the underlying Wireless Support Structure or Tower, including Antennas, Accessory Equipment, transmitters, receivers, Base Stations, power supplies, cabling and associated equipment necessary to provide wireless data and wireless telecommunications services to a discrete geographic area.
(25)
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 Facilities. This definition does not include Utility Poles.
"X"
None
"Y"
Yard
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided in this article.
Yard sale
The sale, or offer for sale, of miscellaneous items of personal property within the boundaries of a residential property, including street rights-of-way, within the corporate limits of the Town.
Yard, front
A yard across the full width of the lot, extending from the front line of the building, excluding steps and uncovered porches, to the front lot line.
Yard, rear
A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.
Yard, side
An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard is required.
"Z"
Zoning
A police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and conditional uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district. but they must be uniform within districts. The Zoning Code consists of two parts: a text and a map.
Zoning permit
A permit issued by the UDO Administrator that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance.
(Ord. of 10-9-2018; Amend. of 12-11-2018; Amend. of 3-12-2019)