Words and phrases defined in this section shall have the following meanings when used in this chapter:
ADMINISTRATOR . The Planning Director of Ashe County, or other individual designated by the County Manager to be the person interpreting the chapter and acting as a conduit between the developer of a high impact land use and the Ashe County Planning Board, which recommends to the Ashe County Commissioners whether or not to issue a High Impact Land Use Operational Permit.
AREA OF OPERATION. The portion of a tract of land on which a high impact land use is situated that is actually in use or is planned for use to conduct the activities for which this chapter requires a permit, and shall include any area occupied by buildings, structures, equipment, storage and stationary equipment used or planned for use in the conduct of these activities.
ASPHALT PLANT. A commercial facility for the manufacture and production of a thick, dark tar-like variety of bitumen, which, when mixed with proper amounts of sand or gravel or both, results in material suitable for paving or roofing.
ASSISTED LIVING CENTER. A group housing and services program for two or more unrelated adults that makes available for its residents no less than one meal a day, provides housekeeping services, and provides personal care services directly or through a formal written agreement with one or more North Carolina licensed home care or hospice agencies.
CHEMICAL MANUFACTURER. A commercial facility involved in the production, synthesis, formation, processing, or refining of chemical products.
CHEMICAL STORAGE CENTER. A commercial facility used primarily for the storage of chemical compounds.
CHIP MILL. A commercial facility that grinds logs into wood chips for production of paper, particle board and other similar products.
CONCRETE MIXING PLANT. A commercial facility utilizing equipment that combines materials including, but not limited to, sand, water, aggregate, ash, and cement to form concrete and shall include both “ready mix” and “central mix” facilities.
DAY CARE CENTER. A facility, whether or not operated for profit and without regard to its hours of operation, where six or more individuals are afforded opportunity for temporary provision of activities designed to assist persons with disabilities or elderly persons without daytime home care.
DWELLING UNIT. A permanent structure constructed for the purpose of housing natural persons that has not been classified by government authority as uninhabitable.
EDUCATIONAL CENTER. An elementary school, secondary school, charter school, private school, community college, college, university, or similar institution providing for the education of individuals. Its area shall include all spaces utilized for educational instruction and spaces actually needed for related activities regularly conducted for the benefit of its students.
EXPLOSIVES MANUFACTURER. A commercial facility used for manufacturing of a chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, and shall include, but is not limited to: dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniting cord, igniters, and display fireworks. Facilities not included in this category are those producing only small arms ammunition.
EXPLOSIVES STORAGE WAREHOUSE. A commercial facility used for the storage of products created by an explosives manufacturer.
FUEL STORAGE CENTER. A commercial facility used for the storage, distribution, mixing, or transfer of flammable or combustible liquids, gases, or solids, including propane, methane, ethanol, gasoline, kerosene, oil, coal, and other fuels, received or transferred by truck, train, tank vessel, pipelines, tank car, piping, portable tank, portable containers, or by similar method, and stored in quantities greater than a one-day supply for a customer of this facility. Facilities not included in this category are gasoline dispensing facilities used solely for distribution to individual consumers, and any fuel storage center at an agricultural farm, residence, business, or other facility where use of the product is limited to on-site consumption.
HIGH IMPACT LAND USE. An activity which creates potential danger from explosions or produces levels of noise, odors, vibrations, fumes, light, smoke, air pollution or water pollution that have an adverse effect on the health, safety or general welfare of the citizens of Ashe County, which includes, but is not limited to asphalt plants, quarries, stone crushing operations, incinerators, sawmills, chip mills, tub grinding operations, explosives manufacturers, explosives storage warehouses, fuel storage centers, concrete mixing plants, chemical manufacturers, chemical storage centers, and medical waste disposal centers.
HISTORIC SITE. An area of land determined by the Secretary of the Interior to qualify as a registered historic district, or:
(1) A structure listed individually in the National Register of Historic Places - as maintained by the U.S. Department of the Interior;
(2) A structure preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
(3) A structure certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district.
INCINERATOR. A facility designated as a “hazardous waste incinerator” and having its operation regulated by the U.S. Environmental Protection Agency.
MEDICAL CENTER. A facility which has an organized medical staff and which is designed, used, and operated to provide health care, diagnostic and therapeutic services.
MEDICAL WASTE DISPOSAL CENTER. A facility that stores or treats medical waste at a location separate from the facility where it was generated.
NURSING HOME. A facility maintained for the provision of nursing or convalescent care for three or more persons unrelated to the operator, and which operates under a license from the State of North Carolina.
PERSON. An individual, corporation, partnership, business entity or a named group organized to advocate a public position related to an existing or proposed high impact land use.
PLACE OF WORSHIP. A church or similar area used on a regular basis for the primary purpose of serving as a place of public worship. Its area shall include all spaces utilized for worship services and spaces actually needed for related activities regularly conducted for the benefit of its congregation members.
PROTECTED SITE.
A location in Ashe County used by its citizens for activities that are expected to be conducted without interruption by loud noise, noxious odors, smoke or fumes, disturbing vibrations, unwanted glare or pollution of air or water. Designated sites deserve to be protected by regulated distances and by buffers from any high impact land use, based on the classification of that use. The following are protected sites: educational centers, day care centers, assisted living centers, nursing homes, medical centers, places of worship, dwelling units, public outdoor recreational facilities, historic sites, the New River (including its North Fork and South Fork) and the Blue Ridge Parkway.
PUBLIC OUTDOOR RECREATION FACILITY. A tract of land owned by a government agency or a non-profit community group intended for public use as active or passive recreation. Its area shall include all spaces regularly utilized for its intended purposes.
PULP MILL. A commercial facility engaged in activities classified by the U.S. Environmental Protection Agency as belonging to a “pulp and paper mill” with its operation regulated by that agency.
QUARRY. A commercial facility for the dredging, digging, extraction, or mining of minerals, ores, soils, and other solid matter. Facilities not included in this category are tracts of land less than one acre in size when used either:
(1) For excavation or grading when conducted solely in aid of on-site farming or on-site construction of commercial or residential buildings; or
(2) Removal of ores or mineral solids when done solely for the purpose and to the extent necessary to determine the location, quantity, or quality of any natural deposit.
SAWMILL. A commercial facility where logs are customarily processed into lumber, finished wood products or mulch. Facilities not included in this category are those employing less than three full-time employees, and in operation for a duration of less than six months at the same area of operation.
SOLAR ENERGY SYSTEMS. Shall mean solar arrays or solar panels including mounting structures and inverters. This definition does not apply to solar farms which are less than 10 acres.
STONE CRUSHING OPERATION. A commercial facility engaged in the use of mechanized equipment or machinery to reduce the size of stone material or material having the qualities of stone.
TUB GRINDING OPERATION. A commercial facility engaged in the use of mechanized equipment to produce organic mulch from natural inert or organic material such as tree stumps, tree branches, brush and other type of natural forestry waste material. Facilities not included in this category are those employing less than three full-time employees, and in operation for duration of less than six months at the same area of operation.
VEGETATIVE BARRIER. Plant material on a strip of land having a designated width along a specified land feature with the purpose of separating that land feature from view or pollution.
(Ord. passed 10-3-16; Am. Ord. passed 7-17-23)