Except as specifically defined in this section, all terms contained in this chapter shall have their customary definitions. Terms used in this chapter shall be defined as follows:
Abutting means 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 means a way of approaching or entering a property from a public street or right-of-way. Access also includes ingress, the right to enter, and egress, the right to leave.
Accessory building or use means a building or use not including signs, which is:
(1) Conducted or located on the same lot as the principal building or use served;
(2) Clearly incidental to, subordinate in area and purpose to, and serves the principal use; and
(3) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
AEC means area of environmental concern as designated and regulated by the coastal resource commission.
Alley means a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general traffic.
Architectural review board (ARB) means the architectural review board or committee established by and operating under the auspices of Bald Head Association, a state nonprofit corporation, which is referred to in this chapter as the ARB.
Baffled light means any artificial light which is attached to a building and is shielded from horizontal view.
Bald Head Island Design Guidelines means a publication to assist property owners in planning their buildings as well as their site development plan and landscape plan.
Bar, lounge, tasting room, tavern, wine shop means an establishment that sells alcoholic beverages that offers no food service or that has alcoholic beverage sales in excess of 70% of the business’ total annual sales. Such establishment shall not include a brewery, cidery, distillery, or winery.
Brewery means an establishment primarily engaged in the production and distribution of beer and other fermented malt beverages, and may include accessory uses such as tasting room, restaurant, retail, demonstration areas, education and training facilities, or other uses incidental to the brewing business and open and accessible to the public. Breweries exceeding 800 square feet of production area shall be regulated as a manufacturing use.
Brewery, cidery, distillery, winery means an establishment primarily engaged in the production, packaging, and/or distribution of beer and other fermented malt beverages, liquors, or wines under a single or established set of brand names, and may include accessory uses such as tasting room, retail sales, demonstration areas, education and training facilities, food services or other uses incidental to the brewing business and open and accessible to the public. Such establishments exceeding 800 square feet of production area shall be regulated as a manufacturing use.
Building means any structure built for support, shelter or enclosure of persons, animals or property of any kind. The term "building" shall be construed as if followed by the words "or parts thereof" including porches, decks, carports, garages, sheds, roof extensions, overhangs, and any other projections.
Building, height of, means the vertical distance from the lowest natural point on the ground beneath a building and attached structures to the highest point of the roof.
Building permit means a permit issued by the village to allow construction according to the approved building plans submitted-by the contractor or owner of the described property as required by G.S. 160D-1110.
Building plans means the detailed architectural drawings and specifications of a building proposed to be erected on a lot which shall show as a minimum the dimensions, elevations, interior layout, type of construction and exterior appearance, design and finish of the building. The building plans shall be accompanied by a topographic survey of the lot showing the elevation contours not more than every 20 feet as measured from front to rear and side to side lines of the lot, see section 32-44 (c)for a description of other material to accompany building plans in applying for a building permit.
Building site means an area of disturbed land and vegetation required for placement of a structure,
its access ways, and utilities, including, but not limited to, areas disturbed for parking lots, power lines, driveways, septic tank nitrification fields and hiking trails.
Certificate of occupancy/compliance means official certification that the structure may be used or occupied following connection with permanent electrical power (G.S. 160D-1116).
Clinic, medical services means a facility operated by one or more physicians, or other licensed practitioners of the healing arts. but not exceeding four physicians or other licensed practitioners, for examination and treatment of persons solely on an outpatient basis.
Club or lodge (private nonprofit, civil, fraternal) means a nonprofit organization of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests.
Commercial filming activity means the process of recording any photographic image, still or moving, by any technology available therefor when the image is recorded for hire or redistribution for monetary gain when such activity shall involve the use of equipment of any type which may not be physically transported by hand without the use of mechanical devises. Commercial filming activity shall further include any activity ancillary thereto or in support thereof, including but not limited to transportation, use or storage of any equipment, vehicles or other property used in connection therewith.
Community boat ramp means a launching ramp owned by the property owners' association for use by property owners and their guests.
Community boating facility means a private, nonprofit boating facility including a dock, pier and/or launching ramp on property having water frontage; the use of which is intended to serve more than one residential lot. The right to use such facility must be conferred by an easement appurtenant to the residential unit or lot it is intended to serve or must be controlled by a property owner's association having jurisdiction over the common elements in a residential project in which the lot or unit is a part. No commercial activities of any kind shall be allowed within the confines of the facility.
Condominium means a parcel of real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions where undivided interest in the common elements are vested in the unit owners.
Construction trailer means a structure, not to exceed 16 feet in length, on the job for purpose of storing materials and tools and which will be removed immediately upon completion of construction.
Dwelling, duplex, means a building on a single lot or parcel containing two dwelling units, and where the building is designed to be or is occupied by two families living independently from each other.
Dwelling, multifamily, means a building containing three or more dwelling units, and where the building is designed to be or is occupied by three or more families living independently from each other.
Dwelling, single-family-attached, means two or more single-family dwelling units, each sharing at least one party wall along a common property line with each other and/or with another single-family dwelling unit, and where the end units meet the applicable minimum side yard setback requirements on their unattached sides.
Dwelling, single-family-detached, means a building containing one dwelling unit only, where the building is designed to be occupied by one family and having no roof, wall or floor in common with another dwelling unit.
Dwelling unit, means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, zero lot line, means a dwelling located on a lot in such a manner that one side of the structure abuts a pre-designated side lot line, and where the structure does not share a party wall with an adjacent structure along the same lot line.
Emergency repairs means any repairs necessary to protect the structure from damage from the weather elements or which are necessary to protect occupants or other persons from imminent injury. Such repairs include any repairs to allow the existing electrical heating, cooling, or sanitary equipment to operate properly.
Family means one or more persons related by blood, marriage or adoption living together as a single housekeeping unit and having a recognized head of household. For the purposes of this chapter such persons may include gratuitous guests and domestic servants employed on the same premises. Family also may be two to five unrelated persons sharing a common household.
Filmmaker means the person, firm, corporation or other entity conducting any commercial filming activity.
Floor area, gross, means the total square footage on all floors within the building walls.
Forest canopy means the light intercepting layer formed by all of the tree tops and ultimate leaf bearing branches in a forest: the uppermost layer of vegetation in a forest. In the Bald Head Island and Middle Island forest, the forest canopy may be kept to near constant height by the pruning effect of salt mist nearer the ocean, or it may become irregular in height where salt impact is less.
Forest subcanopy means a light intercepting understory layer formed by shade tolerant saplings, shrubs and small trees beneath the canopy of a forest. The Bald Head Island subcanopy species include dogwood, holly, cherry, laurel, waxmyrtle and beautyberry.
Freestanding baffled lighting means artificial lighting, attached to a flat surface such as a fence, wall or tree, which is directed downward and shielded from horizontal view.
Garage, private, means a building used as an accessory to or a part of the mail building permitted in any residential district, and providing for the storage of vehicles.
Groundwater recharge area means a catchment basin or watershed underlain by layers of alternating permeable and impermeable strata such that excess rainfall not lost is evaporation or runoff is retained and stored in subterranean porous layers of soil. Essentially the entire Bald Head Island and Middle Island forests act as groundwater recharge areas since porous sandy soils permit little runoff of excess precipitation. For the purposes of this chapter components of these systems include ponds, wetland swells, bay forest, dunes and marsh.
Handicapped person 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.
Home occupation means any occupation or profession carried on within a dwelling by one or more occupants thereof, 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, that there is no outside or window display, that no mechanical or electrical equipment is installed or used other than is normally used for domestic, professional, or hobby purposes, or for infrequent consultation or emergency treatment and providing that no person not a resident of the dwelling nor a family member is employed in connection with the home occupation. To be "employed in connection with the home occupation" means to be a natural person engaged to perform any service on the premises of a home occupation on a full-time, part-time, contract basis, or independent basis, whether or not the person performing the service is designated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or compensation by the operator of said business. "Employed" does not include circumstances where a person is exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employed" include the circumstances where a person is exclusively on the premises as a patron or customer.
Hotel, motel or inn means 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 may have one more dining rooms or restaurants, where meals are served, shops, and attendant sports and recreational facility. The term hotel, motel or inn includes bed and breakfast establishments.
Impervious coverage means the area of land on a lot, which is covered by surfaces including roof area in such a manner that water cannot drain through such surfaces. The term "impervious coverage" does not include open deck. walkways, and driveways of wood in which the boards are spaced one-fourth inch apart.
Inoperative vehicle means any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion.
Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked dismantled or wrecked vehicle, or parts thereof, iron steel, and other old or scrap ferrous or nonferrous material. (G.S. 136-143).
Land area means the total square footage within a property boundary.
Landscape permit means a permit to allow excavation, grading, filling or removing of vegetative covers according to section 32-44.
Loading space, off-street, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Lot means a parcel of land recorded as a lot occupied or intended for occupancy by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as required by this chapter, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds. For the purpose of this chapter, the word "lot'' shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are erected or are to be erected.
Lot, corner, means a lot at the intersection of two streets.
Lot coverage means the area of a lot that is covered by impervious or partially impervious covers including buildings, pavement, and recreation facilities but not including decking.
Lot, interior, means a lot other than a corner lot. Lot line means the line bounding a lot.
Lot, through, means an interior lot having frontage on two streets.
Lot width means the straight-line distance between the points where the building setback line intersects the two side lot lines.
Low profile luminaries means any light fixture set on a base which raises the source of light no higher than 48 inches off the ground and designed in such a way that light is directed downward from a hooded light source.
Manufactured home means a dwelling unit that:
(1) Is not constructed in accordance with the standards set forth in the state building code; and
(2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis bearing HUD inspection stickers. (G.S. 143-143.9(6)).
Marina, commercial, means any water area with a structure including but not limited to dock, basin, floating dock, etc. which is utilized for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than ten boats.
Maritime forest means woodlands that have developed under the influence of salt spray on barrier islands and estuarine shorelines. The woodlands develop as an end result of primary plant succession on coastal barrier islands. Development generally takes place on stabilized dune systems located on the sound side of islands whose width, topography, and orientation provide sufficient protection from storm exposure. These forests contain a unique assemblage of species adapted to survive and reproduce under the harsh conditions associated with a coastal barrier system such as salt spray, wind shear, sandy soils with few nutrients and low water availability. Maritime forests are located on the most protected and usually the most attractive portions of the barrier islands. In general on Bald Head Island these forests are sheltered from the south by the spinal dune ridge and salt spray sheer zones on the east and west. Middle Island's maritime forest is sheltered by salt spray sheer zones on all sides.
Maritime forest protection overlay district means the area within the corporate limits of the village which contains maritime forests.
Modular home means a dwelling unit constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Multiple site and multifamily site mean any proposed use of land which shall entail development of a given site such that its use or intended use contemplates one or more dwellings or one or more lots.
Nonconforming lot means a lot existing at the effective date of this chapter or any amendment to it (and not created for the purpose of evading restrictions of this chapter) that cannot meet the minimum dimensional requirements of the district in which the lot is located.
Nonconforming use means the use of a structure or land which does not conform to the use regulations of this chapter for the district in which is it located, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter.
Open space means the land area which is not part of the building pad or the parking space.
Ordinance means this chapter, text and map including any amendments. Whenever the effective date of the ordinance is referred to, the reference includes the effective date or any amendment to it.
Parking lot means an area or plot of land used for the storage or parking of vehicles.
Parking space means a storage space of not less than 72 square feet for one vehicle (six feet by 12 feet).
Planned unit development means a development of a lot or parcel of land which includes mixed used of residential, commercial, necessary utility facilities and recreational use in a unified plan of development.
Planning board means the public agency empowered to prepare, review, and maintain a comprehensive plan; to facilitate and coordinate citizen engagement in the planning process; to develop and recommend policies and ordinances related to development; to make recommendations to council with respect to all zoning text and map amendments, and to perform any other related duties that the village council may direct. In addition to these powers, the planning board shall convene when necessary as a quasi-judicial decision-making board to hear and decide special use permits, variances, and appeals of administrative decisions by a zoning official charged with the enforcement of any ordinance adopted as part of this chapter. The village council shall appoint all members to the planning board.
Planting plan means a plan showing site plan elements as well as proposed location, size, quantity, and variety of new plants.
Plat means a map showing the location, boundaries, and ownership of individual properties.
Pole light means any light fixture set on a base or pole where the point of light is higher than 48 inches off the ground.
Premanufactured structure means a structure used for other than dwelling purposes, which is constructed or manufactured at a location other than the lot on which it is located.
Previous coverage means the portion of the lot not defined as lot coverage.
Principal building means a building in which is conducted the principal use of the lot on which the building is situated, as related to the requirements of this chapter. In no way shall a camper or trailer be considered a principal building.
Rental unit means a building or portion thereof designed, arranged or used for permanent living quarters offered for rent on an annual or seasonal basis by the owner or a rental agency. This use as a rental unit will not be considered commercial for the purpose of this chapter.
Residential private pier means a dock, pier, launching ramp supporting boating activity extending from one or more residential lots into water adjacent thereto; the use of which shall be limited to members of the families of the lot owners or their tenants and/or their invited guests.
Restaurant, café means an establishment that prepares and sells food and drink that may or may not have alcoholic beverage sales. If served, in no case can alcoholic beverage sales exceed 70% of the business’ total annual sales.
School means an organization offering education at the kindergarten, elementary, or secondary levels that is authorized to operate as a school pursuant to G.S. Chapter 115C.
Setback means the required distance between every structure and the lot lines of the lot on which it is located.
Sewage disposal system means an approved sewage disposal system serving a building including private, municipal and sanitary district sewage systems located and constructed according to specifications of the county health department in consultation with the division of health services and/or the division of environmental management of the department of environment, health, and natural resources.
Single-family dwelling means a structure containing one dwelling unit designed for and used or held ready for use to house a single family.
Site development plan means a scaled drawing of a building site containing all of the information required under section 32-128 of this chapter to be submitted and inspected by the zoning official prior to the issuance of a building permit.
Site plan means a detailed plan showing plantings, driveways, parking, lighting, and site grading of proposed development.
Soil erosion and sedimentation control plan means a plan designed to ensure the stabilization and subsequent revegetation of all areas that have been disturbed to the extent that bare land has become exposed.
Special event means any show, concert, festival, bazaar, or similar activity, which does not occur more than once in a calendar quarter. Such activities may include, but are not limited to, activities associated with a recognized state or federal holidays such as the Fourth of July, Labor Day, and Memorial Day.
Start of construction means setting pilings or pouring a foundation for a structure.
Street means a thoroughfare which affords the principal means of access to abutting property.
Street line means the line between the street right-of-way and abutting property.
Street, private, means any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public.
Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders except for repair or replacement.
Structure means anything constructed or erected, the use of which requires location in or on the land or attachment to something having a permanent location in or on the land.
Townhouse means a single-family dwelling unit constructed in a row of attached units separated by property lines and with open spaces on at least two sides.
Trailer means any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time. Trailers shall include, without limitation, the following:
Camping trailer means a folding structure manufactured of metal, wood, canvas, plastic, or other materials, or any combination thereof, mounted on wheels and designed for travel, recreation, or vacation use.
Construction trailer means a structure, not to exceed a total length of 20 feet, on the job for purpose of storing materials and tools and which will be removed immediately upon completion of construction.
Food service trailer means any trailer used to prepare or deliver food for commercial purposes. Smokers or cookers designed to be pulled by any vehicle, and push carts selling food for commercial purposes shall be included in this definition.
Passenger trailer means any trailer designed to be pulled by any vehicle for the purpose of transporting pedestrians. This includes, without limitation, island tours services and trams.
Recreational vehicle means a self-propelled vehicle or portable structure mounted on such a vehicle designed as a temporary dwelling for travel, recreation, and vacation.
Tow trailer means a structure designed to be hauled by another vehicle and to transport vehicles, boats, water craft, landscaping materials, or freight. A utility trailer up to 60 inches also shall be included in the definition of tow trailer.
Travel trailer means a structure that is:
(1) Intended to be transported over the streets and highways either as a motor vehicle or attached to or hauled by a motor vehicle; and
(2) Designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a manufactured home.
Tree means any woody plant with at least one trunk with a caliper (diameter) of three inches or more than four feet above the ground.
Tree removal means cutting down a tree or removal of a tree or any act which causes a tree to die within a period of two years, including but not limited to, damage inflicted upon the tree or its root system by machinery, storage of materials and soil compaction; changing the natural grade above the root system or around the trunk; excessive pruning; paving with concrete, asphalt, or other impervious material within such proximity as to be harmful to the area.
Use, special, means a use which is permitted in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards to address site specific health, safety, compatibility or other public concerns in the district. Such use must receive final approval by the planning board after a public evidentiary hearing. The term includes uses previously referred to as conditional uses under these ordinances.
Use, permitted, means a use which is permitted as a right in a district for which a zoning permit may be issued by the zoning enforcement officer.
Utility facilities means equipment needed to store water and treat water and sewage and other facilities to meet the need of Bald Head Island, including television and telephone cables, electrical cables, transformers and other distribution equipment.
Utility services means all lines, lift station, pumping station, piping, etc. necessary to provide water and sewer service; including water wells and septic mound systems and all cable television, electrical and telephone lines.
Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, 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 nonconformity in the zoning district or uses in an adjoining zoning district.
Veterinary clinic means any facility maintained and operated by a licensed veterinarian for the diagnosis, treatment or other care of the ailments of dogs, cats, or other comparable domesticated animals. These facilities may include accessory boarding quarters for animals and offer related services such as obedience classes, training, grooming and/or behavioral counseling.
Water supply system means an approved water supply system including county, municipal and sanitary district water systems designated to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services and/or the division of environmental management or the department of environment, health, and natural resources.
Wetlands means any area defined by or determined by the U.S. Army Corps of Engineers or other appropriate governmental authority, to be and constitute Section 404, Wetlands, under the applicable federal or state statutes.
Yard means 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 therein.
Yard, front, means a yard across the full width of the lot, extending from the front line of the building to the front line of the lot, including the area of steps, eaves, and covered porches, but not including the areas of uncovered porches.
Yard, rear, means 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, means a yard between the building and the side line of the lot extending through from the front yard to the rear yard or, where no rear yard is required, to the rear line of the lot.
Zero lot line means a lot line which has no requirement that any structure constructed adjacent thereof be located any minimum distance from that line.
Zoning means a police power measure, enacted primarily by units of local government in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing building bulk placement and other development standards. Requirements vary from district to district but they must be uniform within districts. The zoning ordinance consists of two parts: a text and a map.
Zoning map means an official map kept at village hall showing the boundary lines of the various zoning districts.
Zoning official means the building inspector as the person charged with enforcement of this chapter as shall from time to time be designated by the village council.
Zoning permit means the permit issued by the zoning official authorizing any change in the use of the building.
(Ord. No. 29, § 2.1, 8-17-1991; Ord. of 3-18-2000; Ord. No. 2000-21, 9-16-2000; Ord. No. ZO-02-04, 6-18-2004; Ord. No. 2006-1101, 11-17-2006; Ord. No. 2009-0503, 5-15-2009; Ord. No. 2012-1001, 10-19-2012; Ord. No. 2015-0402, 4-17-2015; Ord. No. 2016-10-01, 10-21-2016; Ord. No. 2020-1002, § 1, 10-23- 2020; Ord. No. 2021-0607, § 1, 6-28-2021; Ord. No. 2022-0603, § 1, 6-17-2022; Ord. No. 2024-1003, § 1, 10-11-2024)
Cross Reference—Definitions generally, § 1-2.