(A) In this chapter, words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word “shall” is always mandatory. The word “lot” includes the word “plot” or “parcel.” The word “building” includes the word “structure.” The word “person” includes a firm, association, organization, partnership, trust company or corporation, as well as an individual. The word “used” or “occupied”, as applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied. The word “map”, “zoning map” or “Banner Elk Zoning Map” shall mean the “Official Zoning Map of the Town of Banner Elk, North Carolina, and the Area Comprising its Extraterritorial Jurisdiction”.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING. A dwelling unit that is accessory, supplementary and secondary to the principal dwelling unit that may be constructed as an addition to the principal structure or as an accessory to the principal structure. An ACCESSORY DWELLING is detached from the principal dwelling unit.
ACCESSORY, BUILDING. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building.
ACCOMMODATION. A room or a portion of a room within a building intended to be rented as a unit or a portion of a unit for temporary lodging. A room or a partitioned sleeping area designed or intended to sleep up to three persons shall constitute one accommodation or lodging unit. When sleeping areas are designed or intended to sleep more than three persons, an ACCOMMODATION shall be considered a sleeping room or area for each three persons, or fraction thereof. There shall be a minimum of 60 square feet of gross floor area in each bedroom or sleeping area for each intended occupant, exclusive of bathrooms, closets or hallways.
ACTIVE RECREATION AREA. Open Space improved with facilities for active recreation, such as a playground, a park, a picnic area and the like.
ADDITION. An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, and enforcement of development regulations that involves the determination of facts and the application of objective standards set for in G.S. § 160-1-2 or local government development regulations. These are sometimes referred to as “ministerial” decisions or “administrative determinations”.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADMINISTRATOR. The officer charged with the authority and duty to administer this chapter.
AGRICULTURAL USES, OTHER. Include the production and activities related or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products as defined in G.S. § 106-581.1.
ANCHOR BUSINESS. An anchor business is a tenant with an established business that would assist in drawing individuals and shoppers to the incubator.
APPEAL. A request for a review of the Administrator’s interpretation of any provision of this chapter or a request for a determination that there is error in an order, requirement or decision made by the Administrator pursuant to this chapter.
APPLICANT. Any person or his or her duly authorized representative who submits an application, as defined herein.
APPLICATION. A request for approval for any subdivision plat, site plan, master land use plan, site specific development plan, special use permit, rezoning, conditional use district, sign or zoning compliance permit.
ASSISTED LIVING FACILITIES. 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 the choice of any provider, and the housing management may not be combine charges for housing and personal care services. All residents, or their compensatory agents, 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. Multi-unit assisted housing with services programs are required to register with the Division of Health Service Regulation and to provide a disclosure statement. The disclosure statement is required to be part of the annual rental contract that includes a description of the following requirements: emergency response system; charges for services offered; limitation of services; limitation of tenancy; resident responsibilities; financial/legal relationship between housing management and home care or hospice agencies; a listing of all home care or hospice agencies and other community services in the area; an appeal process; and a procedure for required initial and annual resident screening and referrals for services.
AUTOMATED TELLER MACHINE (ATM), WALK-UP. A computer-controlled terminal associated with a financial institution, not accessible by motorized vehicle, through which a customer may make deposits, withdrawals or other transactions. Other terms sometimes used to describe such terminals are CUSTOMER-BANK COMMUNICATION TERMINAL (CBCT) and REMOTE SERVICE UNIT (RSU).
AUTOMATED TELLER MACHINE (ATM), DRIVE-UP. A computer-controlled terminal associated with a financial institution, accessible by motorized vehicle, through which a customer may make deposits, withdrawals or other transactions. Other terms sometimes used to describe such terminals are CUSTOMER-BANK COMMUNICATION TERMINAL (CBCT) and REMOTE SERVICE UNIT (RSU).
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning vehicles.
AUTOMOBILE WRECKING, JUNK AND SALVAGE YARDS. An enclosed area that stores wrecked motor vehicles or parts to motor vehicles that are collected, stored, salvaged or sold.
BARBER SHOP/BEAUTY SHOP/SALON. An establishment that provides services generally involving the cutting and styling of hair, and including customary accessory uses such as manicure work, facial treatment, the sale and fitting of wigs, the sale of hair treatment products and spa treatments.
BED AND BREAKFAST HOME. A private home offering bed and breakfast to eight or less persons per night for a period of less than a week.
BED AND BREAKFAST HOME/VILLAGE. A private home with up to three auxiliary cottages offering bed and breakfast to 16 or less persons per night for a period of less than a week.
BED AND BREAKFAST INN. A residential building which may include one accessory building that contains not more than 12 guest rooms that offers bed and breakfast accommodations to at least nine, but not more than 20, persons per night for a period of less than one week; provided that, the business:
(a) Does not serve food or drink to the public for pay;
(b) Serves only the breakfast meal, and that meal is served only to overnight guests of the business;
(c) Includes the price of breakfast in the room rate; and
(d) The owner or manager shall permanently reside in the business complex or premises.
BED AND BREAKFAST INN/VILLAGE. A residential building which may include one accessory building and up to three auxiliary cottages that contains not more than 12 guest rooms that offers bed and breakfast accommodations to at least nine, but not more than 30, persons per night for a period of less than one week; provided that, the business:
(a) Does not serve food or drink to the public for pay;
(b) Serves only the breakfast meal, and that meal is served only to overnight guests of the business;
(c) Includes the price of breakfast in the room rate; and
(d) The owner or manager shall permanently reside in the business complex or premises.
BEVERAGE SHOP. A place of business such as a coffee shop, soda shop or juice bar that serves beverages, and where seating is provided for the consumption of said beverages.
BICYCLE SALES AND REPAIR. A place of business that will sell and or repair bicycles. A “bicycle” is defined as any light framed form of conveyance consisting of wheels, a seat, handlebars and brakes which is not powered by a gasoline motor, but may include e-bikes.
BONAFIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-9-3.
BREWERY. An establishment primarily engaged in the wholesale production and distribution of beer, ale, porter and other fermented malt beverages. Areas for demonstration, education or tasting are included in this definition and are incidental to the primary use of producing beverages in accordance with state ABC permits.
BREWPUB. A combination of brewery and restaurant that serves food while brewing beer on premises and selling one-fourth of its brew to patrons.
BUFFER YARD. A planting yard that serves as a visual separation between uses and should be densely planted.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals or property of any kind, including sheds, carports, garages, guest cottages and other outbuildings, and also including any extension or extrusion of the building such as balconies, decks and porches.
BUILDING, CUSTOMARY ACCESSORY. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.
BUILDING, PRINCIPAL. A building in which is conducted the principal uses of the lot on which said building is located.
BUSINESS - CONVENIENCE. Commercial establishments that generally serve day-to-day needs of a residential neighborhood, including drugstores, tobacco shops, newsstands, bakeries, confectionaries, delicatessens, meat and produce markets, food stores with less than 8,000 square feet in floor area. May be combined with the sale of gas and petroleum products.
BUSINESS - GENERAL. Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs of a whole community, including supermarkets, department stores, discount stores, variety stores, hardware and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationary stores, specialty shops, sporting goods stores, furniture and home furnishing stores, automotive supply stores and appliance stores.
BUSINESS SERVICES. Any profit-making activity that renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and/or machines in homes and businesses.
CANOPY. A structure constructed of rigid material, including, but not limited to, metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces.
CHARTER. As defined in G.S. § 160A-1(2).
CITY. As defined in G.S. § 160A-1(2).
COMMERCIAL CAMPGROUNDS. A minimum of a three-acre parcel of real estate located in the R-1 and R-C where tents and pop-up campers are used by visitors to the town with a maximum length of stay being no more than ten days in any 30-day period and requiring a special use permit as provided in § 152.207 of this chapter.
COMMUNITY EVENT. An event within the town or the ETJ staged for the local community which centers on some unique aspect of the community. The event shall be open to al citizenry of the town and its planning jurisdiction and provides significant economic benefit to the town as a whole, portraying or placing the town in a positive light.
COMPREHENSIVE PLAN. The comprehensive plan, land use plan, small area plans, neighborhood plans, transportation plans, capital improvement plans, and any other plans regarding land use and development that have been officially adopted by the governing board.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
COUNTY. Any of the counties listed in G.S. § 153A-10.
CRAFT BREWER/BREWERY. A production facility that produce at least 2,000,000 U.S. barrels per year. This use would only be located in an industrial zoning jurisdiction.
CUSTOMARY INCIDENTAL HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there are no retail sales or display on the premises and no person not a resident on the premises is employed specifically in connection with the activity; except that, not more than one assistant may be employed by the following HOME OCCUPATIONS: lawyer; physician; dentist; osteopath and chiropractor; provided further that, no mechanical equipment is installed or used, except such as is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for HOME OCCUPATIONS.
DECISION MAKING BOARD. A governing board, Planning Board, Board of Adjustment, Historic District Board, Tree Board, or other board assigned to make quasi-judicial decisions under this chapter.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
DEVELOPER. A person, including a government agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT. Unless the context clearly indicates otherwise, the term means:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure;
(b) Excavation, grading, filling, clearing, or alteration of land;
(c) The subdivision of land as defined in G.S. § 160D-8-2; or
(d) The initiation or substantial change in the use of land or the intensity of the use of land.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. DEVELOPMENT APPROVALS include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificate of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. § 160D-1-2 including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulations, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement or any other regulation adopted pursuant to G.S. § 160D-1-2 or a local act or charter that regulates land use development.
DISTILLERY.
(a) This industry comprises establishments primarily engaged in one or more of the following:
1. Distilling potable liquors (except brandies);
2. Distilling and blending liquors; and
3. Blending and mixing liquors and other ingredients.
(b) The process will be limited to: manufacturing; production; distillation; packaging and distribution of spirituous liquor. Because spirituous liquor is the end product, DISTILLERY would not include industrial distilleries, such as for the production of ethanol for use as a fuel.
DISTRESSED BUSINESS. Businesses who have been competing in a commercial environment for longer than one year and are unable to illustrate any signs of profit or growth, or can prove that they are in a position to lose their business entirely. The Admissions Committee of the incubator shall determine the validity of proof.
DORMITORY, COLLEGE AND INSTITUTIONAL. A building used as living quarters for members of a student body; an accessory use for colleges, boarding schools, orphanages or other similar institutions.
DOUBLE-WIDE MANUFACTURED HOME/BUILDING. A double-wide mobile unit is two or more separate mobile homes or buildings which are designed to be connected on a site to form a single structure for one or more housing or non-residential uses. The exterior dimensions of the double-wide mobile unit when assembled for use shall be not less than 32 feet by 24 feet. The structure shall be placed on a permanent, enclosed, masonry foundation, with the wheels and pulling tongue removed.
DRIVEWAY. A private access to one or two proposed or recorded lots. A DRIVEWAY may be a paved or unpaved, platted or described by metes and bounds, or may be otherwise described or shown as an easement or right-of-way. Any drive, access, road, easement or right-of-way or proposed to serve more than two lots shall be defined as a public or private street.
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 outbuildings and appurtenances belonging thereto or usually enjoyed therewith, except that for the purposes of §§ 152.315 through 152.322, that does not include manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING, MULTI-FAMILY. A building arranged or designed to be occupied by two or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family.
EMERGENCY AND CIVIL SERVICES. Organizations that ensure public safety and health by addressing different emergencies. Some of these agencies exist solely for addressing certain types of emergencies while others deal with ad hoc emergencies as part of their normal responsibilities. Many of these agencies engage in community awareness and prevention programs to help the public avoid, detect and report emergencies effectively. There are three main EMERGENCY SERVICES: Police; Fire Department; and Emergency Medical Services. A few CIVIL SERVICE examples would be: Public Utilities; Social Services; Disaster Relief; Animal Control; and Forestry Service.
EROSION AND SEDIMENT CONTROL PLAN. A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence to make a finding for a quasi-judicial decision required by a development regulation in accordance with the provisions of G.S. § 160D-406.
EXACTION. A condition placed upon a development approval for the private developer to provide to the public some property, improvement, or fee to address the community impacts of the property.
EXTRATERRITORIAL JURISDICTION (ETJ). The area officially defined as the zoning jurisdiction beyond the corporate limits of the town and defined on the official zoning map, subject to the zoning laws to the town.
FAMILY. One or more persons occupying the premises and living as a single housekeeping unit, but not including a group occupying a lodging house, club, fraternity house or similar type dwelling.
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.
(G.S. § 160D-907)
GASOLINE SERVICE STATION. An establishment where gasoline and other petroleum products are sold as a principal use of the property. Light maintenance activities such as engine tune-ups, lubrication and minor repairs may also be provided if incidental to such a principal use. Service stations do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and bodywork are conducted. May or may not be combined with a convenience store.
GEOLOGICAL HAZARD INDICATORS. A condition or series of conditions from which a reasonable inference may be drawn that a particular tract of land may have qualities of instability or danger which require further investigation and possible remediation. Such indicators may include, but are not limited to, one or more of the following: fault zone cataclasite (broken) rocks; pre-existing landslide deposits or indicators; day lighting; foliations or zones of likely debris flow deposits; properties along a fault line; rock fall areas; or areas with exposure to radon gas or arsenic in the water.
GEOTECHNICAL ENGINEER. A North Carolina licensed engineer that has documented experience of at least five years in the proactive field of geotechnical engineering.
GOVERNING BOARD. The Town Council for the Town of Banner Elk. The term is interchangeable with Town Council.
GREENWAY. A corridor of open protected space, usually located adjacent to natural features; that is managed for conservation and/or recreational purposes.
HALFWAY HOUSE. A home of not more than the number of persons a bed can be provided for who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, a total of whom live together as a single housekeeping unit.
HEIGHT LIMITATION, BUILDING. The vertical distance from the mean elevation of the finished grade along the highest ridge of the building. The calculation for the maximum height allowed for any structure located under the footprint of a building is 35 feet and is measured by delineating the smallest rectangle which can enclose the building footprint and averaging the elevations taken at the midpoint of each side of the rectangle as indicated in a drawing.
HISTORICAL MARKER. A display of lettering, words, symbols, emblems, objects, pictures or any combination thereof used to distinguish or honor the historic significance or its historic association with events or person(s) from the past subject to the approval of the historical content by the Historical Preservation Committee.
HOME OCCUPATION. Any occupation, profession or activity that is customary, incidental and secondary use of a residential unit carried on by a member of the immediate family residing on the premises.
HOTEL. A building used as temporary, a period of less than four consecutive months, lodging for compensation and consisting of more than ten accommodations. All accommodations shall have primary access from a common entrance and associated lobby area. In addition to the principal building there may be free-standing accommodations that are accessed separately, so long as they are managed by the same hotel management company responsible for the principal building. If meals and related services are offered to those lodging in the HOTEL, then they shall also be offered to the general public in a traditional restaurant setting; provided, necessary permits and licensures are obtained from agencies responsible to assure public health, safety and welfare. A component of this definition, HOTEL, shall include the potentiality of a CONDOMINIUM HOTEL whereby less than all of the accommodations may be owned by various entities which shall have the ability to place those accommodations into a rental pool to be rented and managed by a hotel management company. For accommodations in a CONDOMINIUM HOTEL, there is no prescribed length of stay by a patron or owner provided that a majority of the accommodations are available for rental for at least six months in a calendar year in the hotel rental pool.
IMPERVIOUS SURFACE. Any surface that impedes the natural percolation of water into the soil. Types of impervious materials are roofs, solid decks and patios, sidewalks, driveways, roads, parking areas, concrete, asphalt, brick, compacted gravel.
INCUBATOR. Incubators are programs designed to accelerate and nurture entrepreneurs in the start-up of a business by providing hands-on management assistance, access to financial sources and exposure to critical business or technical services, sharing of certain support services, as well as various educational opportunities for developing businesses.
INVENTORY. Merchandise that a vendor has on hand for sale.
JUNK YARD. A lot, land or structure, or part thereof, used primarily for the collecting, storing and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and/or salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.
LANDOWNER or OWNER. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who the LANDOWNER is. The LANDOWNER may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purposes of making application for development approvals.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under G.S. § 160D-1-2 of an applicable local act. It also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Ch. 160D, Art. 10.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIVESTOCK. Any species of cattle or bovines, horses, or other equines, ponies, donkeys, mules, sheep, goats, llamas, alpacas, or other animal weighing more than 200 pounds. LIVESTOCK shall not include any species of hog, pig, swine, or other similar animal, nor shall livestock include any species of domesticate canine or feline.
LOCAL ACT. As defined in G.S. § 160A-1(5).
LOCAL GOVERNMENT. A municipality or county of the State of North Carolina.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
LOT, DEPTH OF. The average distance between front and rear lot lines.
LOT, WIDTH OF. The distance between the side lot lines measured at the building line.
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.
MANUFACTURED BUILDING. A building mass-produced in a factory, either independent or a module for combination with other elements to form a building on site, and designed and constructed for transportation to a site for installation and use when connected to required utilities.
MANUFACTURED HOME. A structure, used or intended to be used as a dwelling unit, 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 the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq. (source: The Uniform Standards Code for Manufactured Homes Act, G.S. § 143-145). For purposes of this chapter, a MANUFACTURED HOME does not include a structure which otherwise complies with this definition, but which was built prior to 6-15-1976, which units shall be classified as “mobile homes”. A MANUFACTURED HOME shall not be construed to be a travel trailer or other form of recreation vehicle; it shall not be used for storage or other unoccupied use.
MANUFACTURED HOME PARK. Any premises where manufactured homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for manufactured homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosure used or intended for use as part of such mobile home park. Such areas, lot, parcel or tract is held in common ownership, and individual portions of said area, lot, parcel or tract are leased for the placement of manufactured homes as a primary residence.
MANUFACTURED HOME SITE. A plot of ground within a manufactured home park designated for the accommodation and use of one single-wide manufactured home and containing all improvements and utility connections required under this chapter and other applicable chapters of the town code.
MANUFACTURING AND PROCESSING OPERATIONS. An operation that manufactures, processes, creates, renovates, paints, cleans, assembles merchandise, goods or equipment, or other industrial uses that have all operations and storage within enclosed structures.
MASTER SITE PLAN. A site plan that displays the entire tract to be developed including all boundaries, existing and proposed structures, bodies of water, topographic features, streets and roads, driveways, utilities, storm water drain systems, walkways, landscaping, open space, forested/wooded areas and all intended uses of the property.
MATERIAL RECOVERY SITE. Is a specialized plant that receives, separates and prepares recyclable materials for marketing to end-user manufacturers.
MEMORIAL GARDEN. A prepared place for reflection, with no remains.
MENU SIGNS. A sign that contains the name of the restaurant and the menu items offered. The sign may be fixed or changeable copy.
MICROBREWERY. A small establishment primarily engaged in the wholesale production and distribution of beer, ale, porter and other fermented malt beverages. Areas for demonstration, education or tasting are included in this definition and are incidental to the primary use of producing beverages in accordance with state ABC permits. A MICROBREWERY produces less than 15,000 U.S. barrels (460,000 U.S. gallons) per year with 75% of its product sold outside the facility. It may have a tasting room and retail space for selling some beer to patrons of the site. MICROBREWERIES usually concentrate on exotic or high quality beer.
MINIATURE GOLF COURSE. A small scale version of a regulation golf course played with golf balls and putters on a course featuring obstacles created by changes in the terrain or features using natural materials such as water, rocks and vegetation.
MIXED USE DEVELOPMENT. Any combination of uses allowed as either permitted or special in the MU zoning category that compliment each other with one or more buildings on parcels of land that are substantially contiguous.
MOBILE BUILDING. A manufactured building constructed on a chassis and used for non-residential purposes. A MOBILE BUILDING shall be construed to remain a mobile building subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.
MOBILE SALES AND RENTALS. The enabling of sales and rentals of commercial goods without a permanent structure. Merchandise does not include personally owned merchandise such as yard sale items. A $25 permit fee and application is required to cover a one-year period from the date of issuance. Parking must be sufficient without taking away from existing establishments. Signage must meet the ordinance while attached to the trailer or vehicle and sandwich board signs are allowed. Merchandise and signage must be secured by close of business each day.
MODULAR BUILDING. A unit constructed in accordance with the standards set forth in the state’s Building Code applicable to site built homes/or structures and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A MODULAR BUILDING may consist of one or more sections transported to the site in a manner similar to a mobile home or manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site.
MOTEL. A building or group of buildings used as temporary lodging facility for compensation for more than ten accommodations for a period of less than two weeks. Meals may be offered to the overnight guests and the general public.
OPEN SPACE (OPEN SPACE AREA). Portions of a tract of real estate that are not covered by impervious surfaces and are not in easements or rights-of-way as further defined in § 152.190 of this chapter.
OUTDOOR DISPLAY. The temporary placement of commercial materials inventory, goods including, but not limited to, furniture, crafts, farm implement sales and farmers markets that are outside the building. The display area must be located and maintained by the people who own the property and are displaying the goods. Such displays must be clearly incidental and subordinate to the principal businesses.
OUTDOOR STORAGE. Storage of any materials, merchandise, products, lumber and building supply materials, landscape materials, stock, supplies, machines, operable and/or inoperable, vehicles, equipment, manufacturing materials or chattels of any nature which are not kept in a structure having at least four walls and a roof for more than 24 hours.
PARKING SPACE. An area of not less than nine feet by 18 feet, plus the necessary access space. PARKING SPACE(S) shall be provided with vehicular access to a street or alley, and shall always be located outside the dedicated street right-of-way, except for on-street parking permitted in downtown Banner Elk.
PARKING YARD. A planting yard comprised of a landscaped planting area to be located within or adjacent to the parking area such as landscaped islands, inside medians, between ten parking spaces and at the end of a parking bay.
PEER TO PEER SALES. The decentralized sale of a product to an individual or small group whose business model is consistent with a home occupation, as defined in this chapter.
PERSON. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the state and its agencies and political subdivisions, or other legal entity.
PERVIOUS SURFACE. Any surface that allows the percolation of water into the underlying soil. Types of pervious materials are grass, mulch, soil, sand, silt, ground cover, planted areas, vegetated roots, permeable paving, porches and decks that are erected on pier foundations, pavers in a grid or lattice patterns, gravel consisting of loose aggregates of small-rounded water worn stones.
PHASED DEVELOPMENT PLAN. A plan which has been submitted to a city by a landowner for phased development which shows the type and intensity of use for a specific parcel or parcels with a lesser degree of certainty than the plan determined by the city to be a site specific development plan.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area defined in this section within which the town has undertaken planning action and may apply the development regulations authorized by G.S. § 160D-1-2.
PLANNED COMMERCIAL DEVELOPMENT. A planned commercial development incorporating more than one commercial use within one or more structures, which are planned and developed as a unit on a compact and contiguous lot (or lots) under single ownership or control. The development shall consist of two or more principal commercial uses located in one or more principal structures and all accessory buildings and uses. A PLANNED COMMERCIAL DEVELOPMENT shall be permitted as a special use in certain districts in accordance with the provisions of §§ 152.210 and 152.218 of this chapter.
PLANNED RESIDENTIAL-CRAFTS DEVELOPMENT. A planned development incorporating a single type or a variety of residential uses, craft shops and customary accessory uses, which are planned and developed as a unit on a compact and contiguous lot (or lots) under single ownership or control. The development shall consist of at least two or more principal buildings and all other accessory buildings and uses. A PLANNED RESIDENTIAL-CRAFT DEVELOPMENT shall be permitted as a special use in certain districts in accordance with the provisions of §§ 152.211 and 152.218 of this chapter.
PLANNED RESIDENTIAL DEVELOPMENT. A planned residential development incorporating a single type or a variety of residential and accessory uses which are planned and developed as a unit on a compact and contiguous lot (or lots) under single ownership or control. A PLANNED RESIDENTIAL DEVELOPMENT shall consist of at least two or more principal buildings or a single building with more than four dwelling units and all other necessary buildings and uses. A PLANNED RESIDENTIAL DEVELOPMENT shall be permitted as a special use in certain districts in accordance with the provisions of §§ 152.212 and 152.218 of this chapter.
PLANNING BOARD. The Town of Banner Elk Planning Board as established pursuant to G.S. § 160D-3-1.
PLANNING PROGRAM. The planning program consists of the following; the Banner Elk Zoning Ordinance; the Official Zoning Map of the Town of Banner Elk; the Banner Elk Subdivision Regulations; Banner Elk Erosion and Sedimentation Control Ordinance; the Banner Elk Flood Damage Prevention Ordinance; the Town of Banner Elk Flood Insurance Rate Maps; the Town of Banner Elk Pedestrian Plan, 1992 ASU Planning Studies; the Architectural Review Guidelines (hereunto incorporated within this chapter); and the Banner Elk Thoroughfare Plan.
POULTRY. Includes chickens, turkeys, geese, ducks, and any other domesticated bird to be kept for meat, eggs, or feathers.
PREMISES. A tract of real property in single ownership which is not divided by a public street or public right-of-way.
PROPERTY. All real property subject to land use regulation by a local government and includes any improvements or structures customarily regarded as part of real property.
PROPERTY OWNERS ASSOCIATION (POA). A legal entity to manage a community of homes. The entity is given the authority to enforce the covenants, restrictions and conditions and to manage the common entities of a development. Other variations apply such as: home owners association (HOA); and condominium owners association (COA).
QR CODE. A machine-readable code consisting of an array of black and white squares, typically used for storing URLs or other information for reading by the camera on a smartphone. The use of QR Codes (Quick Response Codes) will be allowed on a smooth flat surface, added to an existing sign or as an attachment to an existing sign, to be no greater than four inches by four inches.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of development regulation and that requires the exercise of discretion when applying the standards of the regulation. QUASI-JUDICIAL DECISIONS include but are not limited to decisions involving variances, special use permits, certificate of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
RECREATIONAL VEHICLE. A motor vehicle or trailer, often abbreviated as RV, which includes living quarters designed for accommodation, including motor homes, campervans, caravans, travel trailers, camper trailers, fifth-wheel trailers, pop-up campers and truck campers.
RECREATIONAL VEHICLE PARK. A property used for the parking and use of recreational vehicles.
RESTAURANT (DINE IN). A place of business where food is prepared and served and where seating is provided for the consumption of food.
RETAIL FOOD BUSINESS OR RESTAURANT (CARRY-OUT/DELIVERY). A business such as a bakery, delicatessen or take-out pizza establishment, which that prepares and sells food, but does not provide seating for the consumption of food. (Note: if seats are provided on the business premises for the consumption of food, whether self-service or not, such business shall be considered a restaurant.)
RIDGE. The elongated crest or series of crests at the apex or uppermost point of an intersection between two opposite slopes or sides of a mountain.
RIDGELINE. A highest line formed between two slopes of land as shown on a topographical map as prepared by a North Carolina licensed surveyor.
ROOF. The exterior upper covering of a building or canopy attached to a building. Any portion of a roof or exterior wall that extends from or beyond the vertical wall of a structure at an angle of 15 degrees or more shall be considered part of the ROOF.
ROOMING HOUSE. A building or group of buildings used for the temporary lodging of residents, intended primarily for lease or rent for a period of more than one week, with or without board.
SECURITY AND WARNING SIGNS. On-premises signs which designate health or safety warnings as required by law, and security signs which regulate the use of the property such as “no trespassing”, “no hunting”, “no soliciting” or provide other warnings of danger on the premises.
SETBACK. The area located between a property line, the established edge of a road right-of-way, or the edge of the traveled way, whichever is closer, and the closest projection of a building including any eaves, dormer, deck or other part attached thereto and any portion of a building located below grade. No building shall be placed within the setback area, however, doors, windows, marquees, canopies or fixed awnings shall be permitted to encroach.
SEXUALLY-ORIENTED BUSINESS. Any business or enterprises that have as one of their principle business purposes or as a significant portion of their business an emphasis on matter and conduct depicting, describing or related to anatomical areas as specified in G.S. §
SHARED PARKING. Parking that can be applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day. SHARED PARKING is most effective when these land uses have significantly different peak parking and characteristics, that vary by time of day, day of week and/or season of the year. In these situations, SHARED PARKING STRATEGIES will result in fewer total parking spaces needed, when compared to the total number of spaces needed for each land use or business separately.
SIGN. A structure, or part thereof, displayed for the purpose of conveying some information, knowledge or idea to the public.
SIGN, ADVERTISING. A sign which directs attention to a business, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises, if at all.
SIGN, BUSINESS. A sign that directs attention to the business, profession or principal use conducted on the premises.
SIGN, OFF-PREMISES DIRECTIONAL. A sign which provides directions to a business, service or activity located on another property; provided that, such sign shall be no larger than four square feet per sign face and not exceed four feet in height. OFF-PREMISES DIRECTIONAL SIGNS shall be used only by businesses, services or activities which are located in Banner Elk’s zoning jurisdiction, and said locations do not have direct frontage from N.C. 184 and N.C. 194, in accordance herewith.
SIGN, DIRECTLY ILLUMINATED. A directly illuminated sign is designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within or on such sign.
SIGN, DIRECTIONAL AND INFORMATION. A sign located on the premises of a business or development which provides directions and information for vehicular or pedestrian traffic. A DIRECTIONAL AND INFORMATION SIGN shall not display the name, logo or products of the on premise business. Entrance, exit and parking regulating signs one square foot or less in area per side shall be exempt from regulation; provided, such signs are non-illuminated, less than four feet in height and are located out of the street right-of-way.
SIGN, INDIRECTLY ILLUMINATED. An indirectly illuminated sign is designed to have illumination from a remote light source so shielded that no direct rays thereof are visible elsewhere than on the lot where said illumination occurs. If such shielding device is inoperative, such sign shall be deemed to be a directly illuminated sign.
SIGN, NON-ILLUMINATED. A sign that is not illuminated, either directly or indirectly.
SIGN, ON-PREMISES. The lot or parcel upon which the principal building or structure is directly located, for which sign is designated or intended to advertise.
SIGNS, PORTABLE. Any permanent or temporary sign which is affixed to or placed in or upon any parked vehicle, trailer or other parked device designed or capable of being towed or transported, the primary purpose of which is to direct attention to a business commodity, or service, entertainment or other activity.
SITE-SPECIFIC DEVELOPMENT PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include, but is not limited to, site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking access points, roads, and stormwater control facilities, that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approved based in whole or in part upon the plan may also be approved as part of a conditional zoning decision.
SOLID WASTE MANAGEMENT FACILITY. A facility that means land, personnel and equipment in the management of solid waste including a transfer station, landfill or materials recovery facility. Specifically excluded from this definition are incinerators and drop-off recycling centers; and those solid waste management facilities that are constructed and/or operated by or on behalf of any federal, state or local governmental entity; provided, however, that, this exclusion from regulation only applies to those solid waste management facilities not operating as a hazardous waste facility. The facility shall not include the burial of any waste.
SPA. A commercial establishment (such as a resort) providing facilities devoted especially to health, fitness, eight loss, beauty and relaxation.
SPECIAL USE. A use of land, buildings or structures that is identified in this chapter as a use that because of its inherent nature, extent and external effects, requires special care in the control of its location, design and methods of operating in order to ensure protection of the public health, safety and welfare.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses 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. This definition includes permits previously referred to as “conditional use permits” or “special exceptions.”
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties, including avenue, place, way, drive, lane, court, boulevard, highway, road or any other thoroughfare, except an alley or driveway.
STREET YARD. A planting yard comprised of a strip of land containing landscaping materials located along and parallel to a public street or streets.
STRUCTURE. Anything vertically constructed or erected and is permanently attached to the ground; not including roads, driveways and streetscape features. Streetscape features may include, but are not limited to, retention walls, fences, sidewalks, light poles, entry features, monuments, pylon signs and similar ancillary development items, will be considered on a project by project basis as a function of the issuance of a special use permit.
STRUCTURAL ALTERATION. Any change, except for the repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams or girders.
SUBDIVISION. The division of land for the purpose of sale or development as specified in G.S. § 160D-8-2.
SUBDIVISION REGULATION. A subdivision regulation authorized by G.S. § 160D-8-2.
TATTOOING. The inserting of permanent markings or coloration, or the producing of scars, upon or under the skin through puncturing by use of a needle or any other method.
TATTOO ARTIST. Any person who engages in tattooing.
TATTOO ESTABLISHMENT. Any location where tattooing is engaged in or where the business of tattooing is conducted in any art thereof.
TATTOOING ROOM. A room in a tattoo establishment where tattooing is performed.
TELECOMMUNICATION TOWER. A monopole, guyed or self-supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, that contains one or more antennas intended to transmit or receive television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication. This definition shall not include any structures erected solely for a non-commercial individual use such as residential television antennas.
TEMPORARY AGRICULTURAL PRODUCT SIGNS. A temporary on premise sign displaying the availability of seasonal agricultural products offered for sale on the premises.
TEMPORARY PORTABLE STORAGE CONTAINER. A temporary portable storage container (such as: semi-trailers or other similar portable containers) is any container designed for the storage of goods and materials and is usually transported by a commercial vehicle and is for temporary use only.
TEMPORARY SEASONAL BUSINESS SIGN. A temporary sign, including any device, equipment or material which represents a seasonal business offered on the premise where such sign, device, equipment or material is located. A “seasonal business period” is defined as an activity which is limited by a natural season or condition.
TEMPORARY USE STRUCTURE. A structure intended for temporary offices, headquarters or storage of materials on the same lot or tract of land being used or developed for a directly related permanent use. This TEMPORARY STRUCTURE shall require a temporary certificate of zoning compliance from the Zoning Administrator for a maximum period of one year, with renewal extensions of six months. TEMPORARY USE STRUCTURES are permitted in all zoning districts.
TOURIST COURT. A building or group of buildings, containing a combination of three to eight lodging units which are to be rented or leased as temporary lodging for transients, as distinguished from rooming houses, in which occupancy is generally by residents rather than transients. If meals are offered, they shall only be offered to those transients currently residing in the tourist court.
TOWN. The Town of Banner Elk.
TOWNHOME. A single-family attached dwelling unit in which each unit has its own access to the outside, no unit is located over another unit, each unit is separated from any other unit by one or more vertical common fire-resistant walls, and where each individual unit is located on an individual lot of record.
TRACTOR TRAILER or SEMI-TRAILER. A commercial conveyance with a total of no more than five axels for the transportation of retail goods. The trailer is designed to be pulled by a truck or tractor. The trailer portion uses tandem wheels and is usually supported in the front by legs (landing gear) when it is uncoupled from the powered portion of the vehicle. The overall maximum length can be no more than 70 to 80 feet and the maximum height can reach approximately 13 feet six inches.
TRAVEL TRAILER. Any vehicle, self-propelled or otherwise, which is designed for transient, non-permanent living. This term shall also include any references to recreational vehicles.
USE. Any activity, occupation, business or operation carried on or intended to be carried on in a building or structure or on a tract of land.
USABLE LAND. Area that remains on a parcel of real estate that is not defined herein.
USE, ACCESSORY. A use located on the same lot with a principal use, and clearly incidental or subordinate to and customary in connection with the principal use.
USE, NON-CONFORMING. A building or land occupied by a use that does not conform to the regulations of the use district in which it is situated.
USE, PRINCIPAL. The main and primary use on a lot.
VARIANCE. A relaxation of the terms of the zoning ordinance 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 actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.
VERY STEEP SLOPE. Parcel(s) of land that have an average slope of greater than 50%.
VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in G.S. § 160D-1-8 or under common law.
VIEWSHED. All land clearly visible from parts of N.C. Highways 184 and 194 within Banner Elk planning jurisdiction.
WAREHOUSE AND STORAGE FACILITIES. Any fully enclosed building or portion thereof which is used exclusively for the temporary storage of merchandise, household or business goods, supplies, parts or equipment. Buildings or space allocated for storage shall not include any retail displays, or public access, or manufacturing or assembly processing.
WATER DETENTION BASIN. Used interchangeably with detention and/or retention ponds, a storage site whereby the water in storage is permanently obstructed from flowing downstream and is allowed to cool and filter back into the water.
WINERY.
(a) This industry comprises establishments primarily engaged in one or more of the following:
1. Growing grapes and manufacturing wine and brandies;
2. Manufacturing wine and brandies from grapes and other fruits grown elsewhere; and
3. Blending wines and brandies.
(b) Areas for demonstration, education or tasting are included in this definition and are incidental to the primary use of producing beverages in accordance with state ABC permits.
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 herein.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the building to the front line of the lot, excluding steps.
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 the front building line to the rear yard.
ZONING MAP AMENDMENT or REZONING. An amendment to a zoning regulation to change the zoning district that is applied to a specific property or properties. It does not include the initial adoption of a zoning map by a local government or the repeal of a zoning map and re-adoption of a new zoning map for the entire planning and development regulation jurisdiction. It does not include updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district. It does not include the initial application of zoning when land is added to the territorial jurisdiction of a local government that has been previously adopted by/according to zoning regulations. It does include the application of an overlay zoning district or a conditional zoning district.
ZONING REGULATION. A zoning regulation authorized by G.S. § 160D-1-2.
(Ord. passed 3-14-2005; Ord. passed 11-13-2006; Ord. passed 2-12-2007; Ord. passed 4-9-2007; Ord. passed 6-11-2007; Ord. passed 10-16-2007; Ord. passed 2-11-2008; Ord. passed 7-14-2008; Ord. passed 12-8-2008; Ord. passed 2-9-2009; Ord. passed 9-14-2009; Ord. passed 12-21-2010; Ord. passed 6-11-2012; Ord. passed 9-10-2012; Ord. passed 10-8-2012; Ord. passed 2-11-2013; Ord. passed 3-11-2013; Ord. passed 9-14-2015; Ord. passed 10-10-2016; Ord. passed 6-12-2017; Ord. passed 5- -2018; Ord. passed 3-14-2019, § 200; Res. passed - -2019)