For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACCESSORY BUILDING OR USE." A building or use customarily located on a lot in association with a principal building or use and incidental and subordinate to the principal building or use. In no case shall single or multiple accessory buildings on a residential lot be larger in size or in any dimension, individually or collectively, than the total size or dimensions of the primary building footprint nor shall they have an intensity of use greater than that of the primary use. This shall include sheds, outbuildings, detached garages, carports, pools (above ground and in-ground), greenhouses of 300 square feet or less, and other uses and structures as consistent with this definition, but exclude small gazebos, pergolas, benches and other ornamental or purely aesthetic features.
"ADULT ARCADE or PEEP SHOW." Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images or persons in booths or viewing rooms where the images so displaced depict or describe "specified sexual activities" or "specified anatomical areas."
"ADULT BOOKSTORE or ADULT VIDEO STORE." A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas;" or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."
"ADULT CABARET." A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:
(1) Persons who appear nude or semi-nude; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas."
"ADULT GAMING ESTABLISHMENT." Any establishment deemed legal by state law, featuring more than two stand-alone electronic or conventional gaming units, skill-based or otherwise, or serving more than two patrons in such a capacity at any one time, which also rewards patrons with cash or other monetary payments, goods or certificates for services which are redeemable for cash or other monetary payment on or off premises and including online redemptions, as well as any rewards which cannot be legally obtained, consumed, or otherwise used by minors. Any use meeting this definition shall be considered a primary use regardless of association or location in conjunction with other permissible primary uses. State of North Carolina sanctioned lottery functions shall not be considered as "ADULT GAMING ESTABLISHMENTS" for the purposes of this chapter.
"ADULT MOTION PICTURE THEATER." A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe "specified sexual activities" or "specified anatomical areas."
"ADULT THEATER." A theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits, or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict "specified anatomical areas" or "specified sexual activities."
"ALLEY." A public thoroughfare which affords only a secondary means of access to abutting property.
"AUTOMOBILE JUNK YARD." Open storage of more than five dismantled, wrecked, inoperable, or unlicensed motor vehicles on a single parcel of non-residential property shall constitute an "AUTOMOBILE JUNK YARD;" however, open storage of no more than two such vehicles shall be allowed on any residentially zoned parcel of property.
"AUTOMOBILE TOWING AND TEMPORARY STORAGE SERVICES." An establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of junk, wrecked or inoperable motor vehicles. The establishment shall not:
(1) Contain more than 50 vehicles;
(2) Sell or offer for sale any part or parts from such vehicle; and
(3) If is visible from a public street or residentially zoned property shall be enclosed by an opaque fence not less than six feet in height; for businesses in operation as of the effective date of this section, providing however, that after the effective date of this section all opaque fencing installed shall be eight feet in height.
"BAR." Includes profit clubs, private clubs, nightclubs, taverns, lounges, and similar establishment serving alcoholic beverages for consumption on premises and providing entertainment for patrons. Defining “BARS” shall be determined according to current definitions for private clubs or other similarly defined uses by the North Carolina Alcoholic Beverage Control Commission, but typically these shall be establishments serving hard liquor and/or fortified wines without requisite percentages of sales being from food served by the establishment (i.e., restaurants serving hard liquor and/or fortified wines or beer and wine only establishments). All “BARS” shall be in compliance with all local ordinances and state and federal regulations including, but not limited to, North Carolina's Alcoholic Beverage Control Commission's requirements and permitting. “BARS” shall be considered a primary use of any establishment meeting the aforementioned definition regardless of other primary uses associated with the establishment.
"BILLIARD HALLS." An establishment that has five or more billiard tables on site available for use by patrons of said establishment.
"BOARDING KENNEL." A facility or establishment which regularly offers to the public the service of boarding dogs or cats or other household pets for a fee. Such a facility or establishment may offer grooming or other services for dogs and/or cats in addition to providing shelter, food, and water. Optional outside areas used for grazing, exercising or training of said animals shall be securely fenced and can only be used to exercise animals for two non-consecutive hours per day. No odors greater than ambient odors shall be detectable at the zoning lot boundaries of each lot containing the kennel.
"BREWERY." A brewery that produces 15,000 or more U.S. beer barrels (460,000 U.S. gallons) per year.
"BUFFER STRIP." A buffer strip shall consist of a wall, fence, or planted strip approved by the Building Inspector, at least ten feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 20 feet apart, and not less than one row of dense shrubs, spaced not more than five feet apart, and five feet or more in height after one growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.
"BUILDING." Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals, or chattels. "BUILDING" includes "STRUCTURE."
"BUILDING, PRINCIPAL." A building in which is conducted the principal use of the lot on which the building is situated.
"BUILDING HEIGHT." The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, gambrel, and bonnet roofs. See § 92.010, Height and Density; Exception, for height limit exemptions.
"BUILDING LINE SETBACK." A line establishing the minimum allowable distance between the main wall of the building and the street or highway right-of-way line when measured perpendicularly thereto. Covered porches whether enclosed or not shall be considered as part of the main building and shall not project into the required yard.
"CONFLICT OF INTEREST, CITY COUNCIL." A City Council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the City Council shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
"CREMATORY or CREMATORIUM." The building or buildings or portion of a building on a single site that houses the cremation equipment, the holding and processing facilities, the business office, and other parts of the crematory business. A crematory must comply with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the rules adopted by the Board.
"CUSTOMARY HOME OCCUPATION." Any use conducted for financial gain within a dwelling or accessory building and carried on by the occupants of the premises, which use is clearly incidental and secondary to the use of the premises for residential purposes and does not change the character thereof, and in connection with which there is no display. No person not a resident of the premises shall be employed specifically in connection with the activity; no equipment shall be installed or used which would cause any nuisance detrimental to the residential character of the neighborhood; and off-street parking shall be provided for all customers or the one assistant that may be employed by the following professionals: lawyers, physicians, dentists, and chiropractors.
"DONATION DROP BOX." Any box, bin, or other receptacle separate from a building that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the organization is present to accept donations.
"DROP-IN SHORT-TERM DAY CARE." As defined by G.S. 110-86(2)(d)(d1), this use provides non-structural temporary care under one of the following two situations:
(1) Parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches; or
(2) Provided by an employer for its part-time employees where the child is provided care not to exceed two and one-half hours during that day, the parents are on the premises, and there are no more than 25 children in any one group in any one room.
"DWELLING." Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except any manufactured home, mobile home, or recreational vehicle fused solely for a seasonal vacation purpose.
"DWELLING, GROUP AND ASSISTED CARE." Any facility meeting the aforementioned definition of dwelling with overnight lodging or sleeping accommodations provided, either at the expense of the patron or other parties, to specifically defined groups of people on a transient, temporary or permanent basis, depending on further specified uses defined herein. Such uses may include, but are not limited to the on-site care, treatment and provision of meals and other services to the patrons. Other group and assisted care uses not clearly defined herein shall be considered as the closest associated use found herein along with any restriction related to size, activity and location.
(1) "ASSISTED LIVING AND NURSING HOME." Any fully licensed group or assisted care facility that provides long term room and board, on-site medical services, convalescent and hospice care, as well as daily assistance and with other needs, specifically to individuals aged 55 and over, at the end of life, or mentally disabled. Such facilities shall be managed by staff on a 24-hour basis. This shall exclude independent living and other multi-family dwelling facilities associated with the aforementioned groups, which do not include in-house medical care, 24-hour management, or which provide those and other services as largely incidental to overall function of the facility.
(2) "BATTERED GROUP CARE FACILITY." Any group or assisted care facility licensed by the state, or operated by a nonprofit corporation chartered pursuant to G.S. Chapter 55, for the purpose of providing room and board, personal care, and rehabilitation services for battered individuals and families for an indefinite period of time.
(3) "CAMPS AND RETREATS." Any parcel of land, ten acres or greater, under single ownership by a commercial or registered non-profit organization used for the purpose of providing to paying customers or organizational members, spaces for tents or cabins for transient dwellings strictly for recreational, educational and congregational use. No patrons shall use said dwellings for longer than 30 days in any given year. Such facilities shall include, at a minimum, developed parking areas for all patrons and enclosed and complete on-site bathroom facilities with running water and plumbing, but may include shared kitchen(s), communal and congregational buildings and other associated spaces and buildings. All permanent structures and the property itself must meet all applicable state fire safety and building codes. This use excludes RV and camper parks and day camps.
(4) "DORMITORY." Any building(s) or portion thereof functioning as a group home and living quarters for students of a college, university or seminary on an indefinite basis that is owned and maintained by the organization as a part of its main campus location. Such facilities will typically contain shared sleeping spaces, baths, living areas and sometimes kitchens. Common areas of such facilities shall be accessible to law enforcement at all times.
(5) "FAMILY CARE 'GROUP' HOME." A group or assisted care facility with support and supervisory personnel that provides room and board, personal care and habitation services in a family environment throughout the day and for an indefinite and generally long period of time for not more than six resident handicapped persons. Such facilities shall meet all state requirements in order to be considered under this definition. Unless state statute deems otherwise, such uses are allowed in all districts in which residential dwellings are permissible. However, no such home shall be located within one-half mile of an existing family care home.
(6) "FRATERNITY AND SORORITY HOME." Any building(s) or portion thereof functioning as a group home and living quarters for college, university, seminary students and other individuals on an indefinite basis who are all members of a fraternal organization that is officially recognized as such by their respective institution or otherwise by the state. Such homes shall contain sleeping rooms, bathrooms, common rooms, and a central kitchen and dining area maintained exclusively for members of the fraternity or sorority. Common areas of such facilities shall be accessible to law enforcement at all times.
(7) "HALFWAY HOUSE AND SOBER LIVING FACILITY." Any group or assisted care facility that provides sleeping accommodations for an indefinite period of time for no more than ten related or unrelated people who are recovering from substance abuse and addiction, have been recently paroled from prison or juvenile detention facilities, released from mental health facilities or are otherwise readjusting to society. Said facilities shall be provided with or without personal care services, with or without meals, and with or without private cooking and restroom facilities. A written agreement between on-site management and tenants including rules and policies is required and all facilities shall be properly licensed by the state when required. Common areas of such facilities shall be accessible to law enforcement at all times.
(8) "INPATIENT REHABILITATION AND CARE FACILITY." Any fully licensed group or assisted care medical facility, besides hospitals, which provides on an indefinite basis, including room and board, personal care, and medical services to individuals requiring treatment and/or rehabilitation for substance abuse, mental health, developmental and physical disabilities, or physical illnesses and injury. Such facilities shall be managed by staff on a 24-hour basis.
(9) "ORPHANAGE AND ADOPTION CARE FACILITY." Any fully licensed group or assisted care facility with full time support and supervisory personnel that provides room and board, personal care and guardian services to multiple unrelated children in a family environment for an indefinite period of time as part of a state regulated adoption program, but excluding foster care of no less than six un-adopted and unrelated children in residential dwelling units.
"DWELLING, RESIDENTIAL." Any building, or portion thereof, meeting the aforementioned definition of dwelling available for use by the general public through lease or purchase and providing separate, complete and permanent living facilities for no more than one family per fully functional dwelling unit. Such dwellings are commonly associated with primary residences for indefinite periods of time, but on generally more than a temporary basis.
(1) "DWELLING, ACCESSORY DWELLING UNIT (ADU)." A building or portion thereof featuring a fully functional, self-contained residential unit as accessory to the primary dwelling. Includes secondary dwelling unit, carriage house, garage apartment, guest house, pool house, in-law suite, accessory and basement apartments, or any other units, whether attached or detached to the primary or principal dwelling, meeting the above definition and in accordance with standards of this chapter excluding manufactured and mobile homes.
(2) "DWELLING, MULTI-FAMILY." Any building(s), or portion thereof, consisting of three or more fully functional residential dwelling units per lot, including apartments or other similar styles of housing, excluding manufactured and mobile homes and mobile home parks.
(3) "DWELLING, SINGLE-FAMILY ATTACHED." Any building or portion thereof, consisting of only one fully functional residential dwelling unit per lot which shares one or more walls with a similar dwelling type, including townhomes, townhouses, rowhouses, and other dwelling types meeting the above definition and in accordance with standards of this chapter, excluding manufactured and mobile homes.
(4) "DWELLING, SINGLE-FAMILY DETACHED." Any building or portion thereof, consisting of only one fully functional residential dwelling unit per lot, including fully detached houses, excluding manufactured and mobile homes.
(5) "DWELLING, TWO-FAMILY." Any building(s), or portion thereof consisting of two fully functional residential dwelling units on one lot, whether attached or fully detached and not meeting the definitions of an accessory dwelling unit or others as defined in this chapter, including duplexes and similar styles of housing, excluding manufactured and mobile homes and mobile home parks.
(6) "MANUFACTURED HOME."
(a) A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "MANUFACTURED HOME" includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, "MANUFACTURED HOME" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. "MANUFACTURED HOME" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
(b) Manufactured home design classifications. For the intent of this chapter, manufactured homes as defined herein shall be classified, and accordingly allowed as provided within the various zoning district regulations.
(c) All manufactured home shall meet the following design and installation standards:
1. The manufactured home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.
2. The manufactured home has a minimum of 1,200 square feet of enclosed heated living area.
3. The pitch of the roof of the manufactured home has a minimum vertical rise of 2.2 feet for each 12 feet of horizontal run and the roof is finished with type of shingle that is commonly used in standard residential construction.
4. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.
5. The exterior siding consists predominantly of vinyl or cedar horizontal lap siding.
6. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance.
7. The moving hitch, wheels and axles, and transporting lights have been removed (the moving hitch may be retained if siting occurs within a manufactured home park).
8. A continuous, permanent, brick, stone face, or stone curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home.
9. A chimney covering resembling a brick chimney shall be installed over any existing metal chimney.
10. The manufactured home meets or exceeds the standards for Wind Zone 1 and Thermal Zone 2 as set forth in the Federal Manufactured Home Construction Standards, Part 3280 and as shown on HUD Data Plat affixed to the manufactured home.
(7) "MOBILE HOME." A trailer home, house trailer, house car, camp car, or similar vehicle suitable for year-round occupancy as a dwelling unit. "MOBILE HOME" includes any portable or movable vehicle which is mounted, or designed to be mounted, on wheels, skids, or rollers, either self-propelled or propelled by other means, including any dismounted vehicle which has been placed on a temporary or permanent foundation, and including structural additions to the vehicle. "MOBILE HOME" does not include recreational vehicles, camping-type trailers which are parked and unoccupied, those vehicles primarily designed for the transportation of goods, or those otherwise unable to meet state and city requirements as residential dwelling units.
(8) "MOBILE HOME PARK." Any lot, tract, or parcel of land used, maintained, or intended to be used, leased, or rented for occupancy by two or more trailers together with accessory structures provided in connection therewith. "MOBILE HOME PARK" shall not include trailer sales lots on which unoccupied trailers are parked for the purpose of inspection and sale.
"DWELLING, TEMPORARY." Any overnight lodging or sleeping accommodations meeting the aforementioned definition of dwelling and provided, either at the expense of the patron or other parties, to any member of the general public for a total of up to 180 days per calendar year, unless otherwise provided herein. Such dwellings are commonly used by guests or patrons transitioning between primary residences and those traveling or living away from their primary residences for longer periods of time and will commonly feature additional access to amenities, such as living rooms and kitchens, not typically provided in transient dwellings.
(1) "BOARDING HOUSE." Any temporary dwelling space providing up to five private rooms for lodging and sleeping accommodations for to up to ten related or unrelated individuals from the general public and which provides sufficient off-street parking for all guests and an operator(s) or manager(s) on-site throughout all hours of operation. Each room shall include, at a minimum, one private bed or sleeping area and access to shared bathroom and kitchen facilities as well as additional shared living or common spaces for patrons. Such facilities may provide patrons with meals and other on-site amenities and may restrict use to individuals by age, sex or association with specific organizations when permissible by federal and state fair housing laws, provided that said restrictions or services rendered are not specifically associated with any other uses defined elsewhere in this chapter. Common areas of such facilities shall be accessible to law enforcement at all times.
(2) "EMERGENCY TEMPORARY HOUSING." Any temporary dwelling space providing lodging and sleeping accommodations to related or unrelated people based upon the need of said individuals for accommodation that would provide sleeping quarters to be available on a day to day basis to be without charge to said individuals and to provide these accommodations based on financial need and the lack of availability of adequate accommodations which the occupants could afford. No single individual could use these accommodations for more than a total of 120 days in any calendar year unless state law deems otherwise. The building(s) provided for this must meet state and city building and fire codes for individuals that are sleeping overnight on the premises and must be have all required state licenses for operation in order to meet this definition.
(3) "HOTEL/MOTEL, EXTENDED STAY." Any building or commercial establishment that offers more than five rooms or units as temporary dwellings to the general public and which has an operator(s) or manager(s) on-site throughout all hours of operation. Each room or unit shall include, at a minimum, a bed or sleeping area and a private bath, but may provide private kitchen and living spaces. Additional amenities and services typically associated with overnight stays may be provided to the customer on-site as incidental to the primary use provided that all other services provided to non-guests are otherwise permissible in this chapter.
(4) "ROOMING HOUSE." Any temporary dwelling space providing up to five private rooms for lodging and sleeping accommodations for to up to ten related or unrelated individuals from the general public and which provides sufficient off-street parking for all guests and has, at a minimum, an off-site owner(s) or operator(s) available and on call during all hours of operation. Commonly associated with "Airbnb" and other online rental listings, each room shall include, at a minimum, one private bed or sleeping area and access to shared bathroom and kitchen facilities. Meals and other on-site amenities may be provided to patrons. Common areas of such facilities shall be accessible to law enforcement at all times.
"DWELLING, TRANSIENT." Any overnight lodging or sleeping accommodations, with or without additional amenities, provided, either at the expense of the patron or other parties, to any member of the general public for a total of no more than 30 consecutive days or 60 total days per calendar year, unless otherwise provided herein. Such dwellings are commonly used on a short term basis by tourists, travelers and other guests or patrons whose primary residence is elsewhere.
(1) "ADULT MOTEL/HOTEL." Any hotel, motel, or similar commercial establishment that offers more than five rooms or units as transient dwellings to the general public and which has an operator(s) or manager(s) on-site throughout all hours of operation; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal purposes as a sexually oriented business; or offers a sleeping room for rent for a period of time that is less than ten hours; or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of less than ten hours. Each room or unit shall include, at a minimum, a bed or sleeping area and a private bath. Additional amenities and services typically associated with overnight stays may be provided to the customer on-site as incidental to the primary use provided that all other services provided to non-guests are otherwise permissible in this chapter.
(2) "BED AND BREAKFAST HOME." Any private residence that offers up to five rooms as transient dwellings to no more than ten guests on the owner(s) or operator(s)'s primary residence, which may also include breakfast and additional meals to guests at no cost and which provides sufficient off-street parking for all guests. Each room shall include, at a minimum, one private bed or sleeping area and access to shared bathroom facilities for patrons. Such facilities may also host occasional special events, such as weddings, small business meetings and luncheons during regular business hours provided said events are incidental to the primary use.
(3) "HOMESTAY." Any private residence that offers up to two rooms as transient dwellings to no more than four guests on the owner(s) or tenant(s)'s primary residence where off-street parking is provided for all guests. Each room shall include, at a minimum, one private bed or sleeping area and access to shared bathroom facilities for patrons. Commonly associated with "Airbnb" and other online rental listings, said use shall be permissible in any residential dwelling unit for no more than 90 total days in any calendar year with the consent of the owner(s), and may require approval of additional permits prior to commencing said use as the City Manager deems necessary.
(4) "HOTEL/MOTEL." Any building or commercial establishment that offers more than five rooms or units as transient dwellings to the general public and which has an operator(s) or manager(s) on-site throughout all hours of operation. Each room or unit shall include, at a minimum, a bed or sleeping area and a private bath. Additional amenities and services typically associated with overnight stays may be provided to the customer on-site as incidental to the primary use provided that all other services provided to non-guests are otherwise permissible in this chapter.
(5) "TENT CAMP." Any portable or makeshift structure(s) and associated furniture, cooking and other items, erected or installed to provide a transient dwelling space for strictly recreational purposes. Such uses shall be permitted to be erected and used by the owner or tenant of any single or two-family residential dwelling unit in the rear yard of the associated property along with their guests, for no more than three days of any month.
(6) "VACATION RENTAL HOME." Any private residential unit that is rented, in whole or in part, on a short-term, transient basis that exceeds the homestay criteria for guests, rooms, total use per calendar year, or residency requirement for owner. Off-street parking shall be provided for all guests and none of the uses shall be located within one half mile of another. Commonly associated with "Airbnb" and other online rental listings, the use shall be permissible in any legal residential dwelling with approval of a special use permit by City Council, and may require approval of additional permits and/or registration prior to commencing the use as deemed necessary by City Manager and applicable city codes. Periodically updated information including, but not limited to website listings, rental methods, current inspections, may be required as part of a registration/ permit program. Failure to meet requirements of registration/permit program, multiple citations in violation of city or county ordinance, or police- documented criminal activity will necessitate revocation of any approved special use permit and will require re-application to City Council.
"DWELLING UNIT." A separately owned or operated residence for use of one or more persons as a housekeeping unit with space for eating, living, and permanent provisions for cooking and sanitation, whether or not attached to other such residences.
"ESCORT." A person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
"ESCORT AGENCY." A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration.
"FAMILY." Any number of persons related by blood or through guardianship marriage or other legal method, and up to three additional unrelated individuals, living together as a single housekeeping unit and participating in various communal activities such as cooking and eating.
"FLEA MARKET-OUTDOOR." A sales area where merchandise, display tables, chairs, tents, and other material and equipment are allowed during periods when the facility is open for business, but where all merchandise, display tables, tents, and other material and equipment must be stored in an enclosed principal building or removed from the premises when flea market is not in operation. During festivals or special events of no more than five consecutive days and for a maximum of four times per calendar year, tables and tents can remain out after normal business hours. Trailers, pods, and other temporary storage units shall not be allowed in the day-to-day operation unless they can be screened so as to not be visible from any street, road, or residential property. Trash and debris shall be picked up daily. Any dumpster must be screened from public view. A permanent on-premises building with handicap accessible restrooms built to state building codes is required. No display of merchandise is allowed within building line setbacks for the applicable zoning district. A site plan is required and shall include parking, location and number of tables, tents, and other display areas. Also, ingress and egress must be shown on the site plan, which shall be forwarded to the DOT District Engineer and City Director of Public Works for comment prior to the Planning Board meeting. The approved site plan will be a part of the special use permit. If inside sales are to be conducted on the same parcel, then a statement shall be provided denoting the total square footage of all indoor retail space that is planned. An adequate amount of parking for indoor retail space shall be reflected on the site plan. Hours of operation shall be addressed in the special use permit. Proximity to residential districts, churches, and other uses shall be a consideration.
"GENERAL GAMING ESTABLISHMENT." Any establishment deemed legal by state law, excluding billiards halls, adult gaming establishments and any others similarly defined in this chapter, whose primary use is to provide entertainment services to the general public in the form of electronic or conventional gaming units which provide either no reward to patrons or rewards of limited value such as children's toys, games, and novelties when all of said rewards can be legally obtained and used by all ages and are not redeemable for cash or any other kind of compensation or services on or off premises, including online redemptions. Examples include, traditional video game arcades and children's and family game centers, whether stand-alone or in conjunction with a restaurant or other permissible uses. This shall be considered a primary use when occupying more than 50% of the gross floor area of an establishment or being used by more than 50% of the patrons at any time or representing more than 50% of the total sales of the establishment.
"GROSS FLOOR AREA." The total area of all buildings in the project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the store such as boiler rooms and maintenance shops.
"GROUP BUSINESS DEVELOPMENTS." Two or more business units or buildings, each located on separate contiguous lots which are part of a parcel of land designed and developed for common uses, including parking and landscaping, for which there is an entity designated to be legally responsible for the maintenance and control of the common land areas.
"HANDICAPPED PERSON." 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 and defined in G.S. 122C-3(11)b.
"LOT." A parcel of land occupied or capable of being occupied by a building or group of buildings. "LOT" includes "PLOT" or "PARCEL."
"LOT DEPTH." Mean horizontal distance between front and rear lot lines.
"LOT OF RECORD." A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of the county, or a lot described by metes and bounds, the description of which has been so recorded.
"LOT WIDTH." The distance between side lot lines measured at the building line.
“MAP,” "ZONING MAP," or "ALBEMARLE ZONING MAP." The official zoning map of the city.
"MICROBREWERY." A brewery that produces less than 15,000 U.S. beer barrels (460,000 U.S. gallons) per year.
"NONCONFORMING USE OR STRUCTURE." A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter, or as a result of subsequent amendments to this chapter.
"NUDE" or "A STATE OF NUDITY."
(1) The appearance of a human anus, male genitals, or female genitals; or
(2) A state of dress which fails to opaquely cover a human anus, male genitals, or female genitals.
"NUDE MODEL STUDIO." Any place where a person who appears nude or semi-nude or who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "NUDE MODEL STUDIO" shall not include a proprietary school licensed by the State of North Carolina or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
"OCCUPIED." See "USED."
"OPEN STORAGE." An unroofed area for the storage of bulk materials or discarded items, whether fenced or not.
"PERSON." Includes a firm, association, organization, partnership, corporation, trust, and company, as well as an individual.
"POOL." A small, artificially created body of water, created for the purpose of swimming, recreation or as a landscaping feature. Includes swimming pools, wading pools, hot tubs, Jacuzzis, ponds and other features with a depth of more than 30 inches at any point when filled. All swimming pools to be constructed or which are already constructed shall (must) be enclosed by a fence which shall (must) be at least four feet in height and which shall (must) be of a type not readily climbed by children. Gates shall (must) be of a self-closing and latching type with a latch on the inside of the gate, not readily available for children to open. If the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval of the residence enclosure. Above-ground pools may be exempt from the fence requirement if they met the following additional requirements: the ladder shall (must) be raised or removed when the pool is not in use. All pools allowed in sideyards as accessory uses shall be screened by a 6 foot solid fence or wall.
"RVs or CAMPERS." A mobile recreational vehicle for which the Stanly County Inspection Department has issued a permit.
"SEMI-NUDE." A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
"SEXUAL ENCOUNTER CENTER." A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
"SEXUALLY ORIENTED BUSINESS." An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel/hotel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination of the foregoing.
"SPECIFIED ANATOMICAL AREAS." Human genitals in a state of sexual arousal.
"SPECIFIED SEXUAL ACTIVITIES." Means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
"STREET." A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
"STRUCTURE." Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
"TEA HOUSE." May consist of intimate indoor and outdoor spaces, a restaurant, bakery or garden where beverages and light meals are served in a quiet, subdued atmosphere. A "TEA HOUSE" may also include meeting rooms for small, private gatherings.
"TELECOMMUNICATIONS TOWERS AND FACILITIES." A structure or structures (including any accessory structures required to house transmitting or maintenance equipment) designed to support antennas used for transmitting or receiving communications transmissions.
"TRAILER" or "CAMPER." A vehicle with or without its own motive power, equipped or used for living purposes and mounted on wheels or designed to be so mounted and transported.
"TRAILER PARK." See "MOBILE HOME PARK."
"USED" or "OCCUPIED." As applied to any land or building, includes the words "INTENDED," "ARRANGED," or "DESIGNED TO BE USED OR OCCUPIED."
"WATERCRAFT." A boat, houseboat, jetski, canoe, kayak, or other apparatus designed for use on water, including trailers therefor, and motors or engines designed to propel such craft or apparatus.
"WINERY AND TASTING ROOM." An establishment for making and sampling wine whereat the public is permitted or invited on site to observe the operation and to taste the wine. The establishment shall be located on a site as shown on a site plan submitted to and approved by the city Technical Review Committee indicating:
(1) Parking areas;
(2) Loading zones;
(3) Delivery route of trucks;
(4) Signage;
(5) Public areas;
(6) Shall state the number of employees and days and hours of operation; and
(7) Where required by state or Federal law, must obtain and keep in force all required licenses and permits.
"YARD." A space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
(1) "YARD, FRONT." An open unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way line and the front line of the building, projected to the side lines of the lot.
(2) "YARD, REAR." An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
(3) "YARD, SIDE." An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
(‘58 Code, § 19-41) (Ord. 79-4, passed 6-25- 79; Am. Ord. 80-3, passed 3-3-80; Am. Ord. 82- 16, passed - - ; Am. Ord. 88-7, passed 2-15-88; Am. Ord. 92-31, passed 12-7-92; Am. Ord. 95-2, passed 2-20-95; Am. Ord. 96-28, passed 11-18-96; Am. Ord. 97-08, passed 3-17-97; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 98-27, passed 8-3-98; Am. Ord. 00-47, passed 12-18-00; Am. Ord. 06-06, passed 2-6-06; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 07-15, passed 5-21-07; Am. Ord. 08-03, passed 2-4-08; Am. Ord. 08-21, passed 6-16-08; Am. Ord. 08-27, passed 7-21-08; Am. Ord. 08-31, passed 9-15-08; Am. Ord. 11- 35, passed 12-19-11; Am. Ord. 12-33, passed 10-15-12; Am. Ord 14-28, passed 10-6-14; Am. Ord 14-34, passed 11-3-14; Am. Ord. 14-38, passed 12-1-14; Am. Ord. 16-09, passed 4-4-16; Am. Ord. 16-20, passed 6-6-16; Am. Ord. 17-15, passed - - ; Am. Ord. 17-25, passed 8-7-17; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-16, passed 2-21-22; Am. Ord. 24-05, passed 2-19-24; Am. Ord. 24-25, passed 8-19-24)