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17.2 Flood damage prevention
Except as specifically defined in this article, all words used in this ordinance shall be as defined in the most recent edition of The Illustrated Book of Development Definitions (Rutgers). Words not defined in this article or in the above book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the article and section in which they occur.
For the purpose of this ordinance, certain words or terms used herein shall be defined as follows.
1-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
ABANDONMENT (OF REAL PROPERTY). A parcel of land, use, or structure which has been physically and objectively discontinued, ceased, relinquished, vacated, and/or not maintained for a consecutive period of 180 or more days.
ABUTTING. The condition of two adjoining lots having a common property line or boundary, including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.
ACCESSORY DWELLING UNIT. A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit or as a detached structure on the same lot.
ACCESSORY STRUCTURE. A structure that is subordinate in use and square footage to a principal structure or permitted use.
ACCESSORY USE. A use that is customarily incidental, appropriate, and subordinate to the principal use of land or buildings and is located upon the same lot.
ADJACENT. A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.
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ADULT ENTERTAINMENT. An adult entertainment establishment shall include any place defined as an “Adult Establishment” or “Sexually Oriented Establishment” by G.S. § 14-202.10, including adult cabarets or any massage establishment where massages are rendered by any person exhibiting specified anatomical areas or where massages are performed on any client’s specified anatomical areas. ADULT ENTERTAINMENT establishments may consist of, include, or have the characteristics of any or all of the following:
(A) Adult or sexually oriented bookstore sales and distribution;
(B) Adult or sexually oriented paraphernalia sales and distribution;
(C) Adult or sexually oriented cabaret;
(D) Adult or sexually oriented mini motion picture theater;
(E) Adult or sexually oriented motion picture theater; and
(F) Adult retail.
AGGRIEVED PARTY. A person, with a legally recognized interest (i.e., fee simple ownership) and standing to appeal, that is injuriously affected by a decision from any decision-making body of the town, including any officer or agent of the town.
ALLEY. A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or expansion in the size, configuration, or location of a structure; or any change or expansion in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use.
APPEAL OF ADMINISTRATIVE DECISION. An appeal of an administrative decision maker’s interpretation or decision reviewed and approved, approved with conditions, or denied by the Board of Adjustment in accordance with division 3.2.13, Appeal of Administrative Decision.
APPLICANT. The owner of land, or the authorized representative of the landowner, applying for a development approval or permit.
APPLICATION. The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the appropriate town officer, board, or commission as part of the development review processes.
APPROVED ACCOUNTING TOOL. The accounting tool for nutrient loading approved by the EMC for the relevant geography and development type under review.
ARCHITECTURAL LIGHTING. Exterior lighting that is designed to highlight structures, plantings, or significant architectural features in a direct or indirect fashion.
ASSESSED VALUE. The monetary price that a parcel of land, portion of land, improvement on land, or other commodity assigned by the County Property Appraiser’s office for the purposes of taxation.
ASSISTED LIVING/NURSING FACILITIES. A building, section, or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, health care assistance, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or proprietor. Accessory uses may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.
ATTACHED RESIDENTIAL. Residential development including the duplex, multi-family, and town house dwellings.
AUTHORIZED AGENT. A person with express written consent to act upon another’s behalf.
BANNER. A sign made of flexible material used to advertise a business or a product for sale.
BAR, NIGHTCLUB, OR SIMILAR ESTABLISHMENT. An establishment having as its principal or predominant use the serving of alcohol for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such uses is derived from alcohol sales, and the secondary source from the serving of food. Such uses may also provide on-site entertainment in the form of live performances, dancing, billiards, or other entertainment activities. Performances related to the display of specific anatomic areas (as classified by G.S. § 14-202.10) are considered as adult entertainment uses.
BED AND BREAKFAST INN. A private residence, generally a single-family detached dwelling located in a residential district, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and businesspeople, where provision of meals is limited to guests only.
BERM. An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.
BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroads, rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD OF ADJUSTMENT. A quasi-judicial board appointed by the Town Council and County Commissioners.
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BREWERY. An establishment permitted by the state as a brewery pursuant to G.S. § 18B-1104, as amended, which is primarily engaged in the production and distribution of beer, cider, fermented malt, or other beverages containing alcohol, where the majority of product is for off-site sale and consumption, along with accessory uses such as tasting room(s), restaurant, retail, demonstration areas, education and training facilities, or other uses incidental to the brewing business.
BREWPUB. An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar. Where allowed by law, BREWPUBS may distribute to off-site accounts.
BUFFER, RIPARIAN. The area of natural or planted vegetation adjacent to a natural watercourse as measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams, rivers, lakes, ponds, or wetlands which is intended to remain undisturbed.
BUILDING. A structure that is enclosed and isolated by a roof and exterior walls and used for shelter, support, or enclosure as a residence, business, industry, or other public or private purpose, or accessory thereto, the construction of which may require a building permit under the state’s Building Code.
BUILDING ENVELOPE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks or build-to lines, buffers, easements, or other applicable regulations.
BUILDING FOOTPRINT. The area of a lot or parcel of land included within the surrounding exterior walls and/or outermost projection of the roof of a building or portion of a building, exclusive of courtyards.
BUILDING HEIGHT. The vertical distance measured from the main level of the finished grade along the front of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip, cone, gambrel, or shed roofs.
BUILDING, INTERSTATE FRONTAGE. A building visible from an interstate that is located on a lot or parcel of land that joins the right-of-way of an interstate or the right-of-way of an access road which abuts the right-of-way of an interstate.
BUILDING LINE. A line establishing the minimum allowable distance between the nearest part of any building, excluding porches, bay windows, covered porches, decks, and patios, to the nearest edge of a street right-of-way, lot line, or easement.
BUILDING MASS. The height, width, and depth of a structure.
BUILDING PERMIT. An official document issued by the County Inspections Department pursuant to this ordinance and the state’s Building Code authorizing the erection, construction, reconstruction, restoration, alteration, enlargement, conversion, remodeling, demolition, moving, or repair of a building or structure.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.
BUILDING ZONE. The minimum and maximum building setbacks. Applies to buildings in the Gateway Districts.
BULK REGULATIONS. Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable areas within which the building can be located, including coverage, setbacks, height, impervious surface ratio, floor area ratio, and yard requirements.
BUILT-UPON AREA (BUA). Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. BUILT-UPON AREA does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; or a trail as defined in G.S. § 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The CALIPER of the trunk is measured six inches above the ground for trees up to and including four inches in diameter, 12 inches above the ground for trees greater than four inches and up to ten inches in diameter, and at breast height (four and one-half feet) for trees ten inches or greater in diameter.
CANOPY. A permanent, but not completely enclosed structure that may be attached or adjacent to a building for the purpose of providing shelter to people or automobiles, or a decorative feature on a building wall. A CANOPY is not a completely enclosed structure.
CARPORT. A roofed structure not more than 75% enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles.
CASUALTY DAMAGE. Damage to a use, lot, or structure from an event that is sudden, unexpected, and unusual, such as a hurricane, earthquake, fire, flood, theft, or similar event.
CERTIFICATE OF OCCUPANCY. A document issued by a the County Inspections Department allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this ordinance and all other applicable regulations.
CHANGE OF USE. The change in the use of a structure or land, for which a certificate of occupancy is required. CHANGE OF USE shall include a change from one use to another use in the list(s) of permitted uses.
CIVIC SPACE. An outdoor area dedicated for public use.
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments. For the purpose of this ordinance, planned unit developments and mixed-use development are considered as CLUSTER DEVELOPMENT.
COLLECTOR STREET. A street whose principal function is to carry traffic between local, subcollector, and cul-de-sac streets and streets of higher classification, but which may provide direct access to abutting properties.
COLLEGE or UNIVERSITY. A public or private, non-profit institution for post-secondary education offering courses in general or technical education which operates on buildings or premises of any tract size owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and other facilities which further the educational mission of the institution.
COMMENCEMENT OF CONSTRUCTION. The first placement of permanent evidence of a structure on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. COMMENCEMENT OF CONSTRUCTION does not include the installation of streets or walkways; nor the excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of temporary buildings, such as garages, sheds, or trailers, not part of the main structure nor occupied as dwelling units.
COMMERCIAL RECREATION, INDOOR. A private indoor (entirely within enclosed structure) use providing for sport and recreation activities, that are operated or carried on primarily for financial gain. Examples of INDOOR COMMERCIAL RECREATION uses include, but are not limited to, fitness centers, bowling alleys, skating rinks, indoor commercial swimming pools, and racquet and tennis club facilities (indoor).
COMMERCIAL RECREATION, OUTDOOR. A private outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of OUTDOOR COMMERCIAL RECREATION uses include, but are not limited to, miniature golf facilities, outdoor commercial tourist attractions, and privately owned active sports facilities such as ball fields and basketball courts, and racquet and tennis club facilities (outdoor).
COMMISSION. The North Carolina Environmental Management Commission, in the Department.
COMPATIBLE. A term used to describe how the visual aspects of a structure (including signage) are similar to or consistent with the other structures on the same parcel, site, or in the immediate vicinity. Visual aspects include, but are not limited to: color, texture, materials, scale, size, form, and aspect.
CONDOMINIUM. A development containing individually owned dwelling units and jointly owned and shared areas and facilities that is subject to the state’s Unit Ownership Act (G.S. §§ 47A-1 et seq.) and/or the state’s Condominium Act (G.S. §§ 47C-1-101 et seq.).
CONNECTIVITY. The relative degree of connection between streets, sidewalks, or other means of travel.
CONTIGUOUS. Abutting directly or immediately adjacent to a boundary or separated only by a street, railroad, or public utility right-of-way.
CONTINUOUS VISUAL SCREEN. Screening of vehicular use areas or outside storage by vegetative material, berms, or structures (walls and fences), or a combination of these items designed to completely obstruct off-site views of the vehicular use area typically to a height four feet above the adjacent grade.
COPY. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.
COUNTY. Granville County, North Carolina.
COUNTRY CLUB. Land area and buildings containing golf courses, swimming pools, tennis courts, or similar recreational facilities along with a clubhouse and customary accessory uses which are open to members and their guests, or to the general public on a fee basis.
CREMATORY. A facility containing furnaces for the reduction of dead bodies to ashes by fire.
CROSS ACCESS. Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.
CUL-DE-SAC STREET. A short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.
CURB OUTLET SYSTEM. A curb outlet system means curb and gutter with breaks or other outlets used to convey stormwater runoff to vegetated conveyances or other vegetated areas.
DAYCARE. A place where daytime care, supervision, and protection is provided to three or more children or adults who are not the legal wards or foster children of the attendant adult within an occupied residence.
DENSITY, GROSS. The number of dwelling units on the entire area of a tract or lot.
DENSITY, NET. The number of dwelling units on a tract or lot minus the area of public rights-of-way, areas of flood hazard, lakes or water bodies, or wetlands under the jurisdiction of the U.S. Army Corps of Engineers.
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DEPARTMENT. The North Carolina Department of Environment and Natural Resources.
DESIGN MANUAL. The Stormwater Design Manual approved for use in this part of the Falls Watershed by the North Carolina Department of Environmental Quality for the proper implementation of the requirements of the Falls Watershed stormwater program or any manual published by NCDEQ that is generally applicable throughout the state. All references herein to the DESIGN MANUAL are to the latest published edition or revision.
DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.
DEVELOPMENT. The initiation, construction, change, or enlargement of any use or structure, the disturbance of land through the removal of trees or ground cover, or the division of land into two or more parcels. DEVELOPMENT shall include, but not be limited to, the following:
(A) Construction or enlargement of a building or structure;
(B) Change in the type of use of a building, structure, or land;
(C) Material increase in the intensity of use of land, such as an increase in the number of businesses, offices, manufacturing establishments, or dwelling units located in a building or structure or on the land;
(D) Commencement or expansion of resource extraction, agricultural, horticultural, or forestry activities on a parcel of land;
(E) Demolition of a structure or the removal of trees from a parcel of land;
(F) Deposition of refuse, solid or liquid waste, or fill on a parcel of land;
(G) Alteration, either physically or chemically, of the shore, bank, or channel of any stream, lake, or other body of water or alteration of any wetland; and
(H) Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law (from G.S. § 143-214.7)
DIAMETER AT BREAST HEIGHT (DBH). The measurement of the diameter of a tree trunk over 12 inches in diameter taken at a height of four and one-half feet above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.
DISTILLERY. A place where distillation takes place, especially the distillation of alcoholic spirits.
DISTRICT. An area delineated on the Official Zoning Map which sets forth standards and guidelines for all development within the prescribed district.
DISTRICT, OVERLAY. A zoning district that encompasses one or more underlying zoning district and that imposes additional requirements above that required by the underlying zoning district.
DISPERSED FLOW. Uniform shallow flow that is conveyed to a vegetated filter strip as defined by 15A NCAC 02H .1059, another vegetated area, or stormwater control measure. The purpose of DISPERSED FLOW is to remove pollutants via infiltration and settling, as well as to reduce erosion prior to stormwater reaching surface waters.
DIVISION. The Division of Water Quality in the Department.
DRIPLINE. A vertical line that extends from the outermost branches of a tree’s canopy to the ground around the circumference of the tree.
DRIVE THROUGH. A facility designed to enable a person to transact business while remaining in a motor vehicle.
DRIVEWAY. A vehicular accessway or series of accessways providing ingress and egress to a use or development from a public street, private street, or vehicular use area associated with another use. Such accessway may be the primary drive aisle, or may be a separate driveway.
DWELLING or DWELLING UNIT. A building or portion thereof that provides complete and permanent living facilities for one family. This term shall not apply to a hotel, motel, guesthouse, or other structures designed for transient residence.
DWELLING, DUPLEX. A single-family dwelling unit attached to one other single-family dwelling unit by a common vertical wall, and both dwelling units are located on the same lot.
DWELLING, MANUFACTURED HOME. A manufactured home constructed after July 1, 1976, that meet or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(A) The manufactured home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;
(B) The manufactured home has a minimum of 1,200 square feet of enclosed and heated living area;
(C) The pitch of the roof of the manufactured home has a minimum vertical rise of three and two-tenths feet for each 12 feet of horizontal run and the roof is finished with a type of composition shingle that is commonly used in standard residential construction;
(D) The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions);
(E) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(F) The manufactured home is set up in accordance with the standards set by the state’s Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;
(G) The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, and entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the state’s Building Code;
(H) The moving hitch, wheels and axles, and transporting lights have been removed;
(I) Each MANUFACTURED HOME shall be only for single-family occupancy;
(J) A MANUFACTURED HOME shall comply with the Federal Housing Administration requirements relative to tie downs; and
(K) The electrical meters servicing the MANUFACTURED HOME is mounted (attached) directly to the manufactured home.
DWELLING, MULTI-FAMILY. A dwelling containing three or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings.
DWELLING, SINGLE-FAMILY DETACHED. A residential building containing not more than one dwelling unit to be occupied by one family, not physically attached to any other principal structure. For regulatory purposes, this term does not include manufactured homes, recreational vehicles, or other forms of temporary or portable housing.
DWELLING, TOWNHOUSE. A type of multi-family dwelling, in which two or more individual dwelling units are located on individual lots, but attached by one or more common party walls which are shared by one or more units for more than 50% of their total linear distance along the lot line. The habitable spaces of different dwelling units are typically arranged on a side-by-side rather than a stacked configuration.
EASEMENT. A grant by the property owner of a strip of land for specified purposes and use by the public, a corporation, or persons, such as for utilities.
ENCROACHMENTS. Any portion of a structure or appurtenance extending beyond a designated zoning setback, easement, property line, or public right-of-way.
ENGINEERED STORMWATER CONTROL. A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Engineered stormwater control includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. ENGINEERED STORMWATER CONTROL is synonymous with “structural practice”, “stormwater control facility”, “stormwater control practice”, “stormwater treatment practice”, “stormwater management practice”, “stormwater control measures”, “structural stormwater treatment systems”, and similar terms used in this ordinance. It is a broad term that may include practices that do not require design by a professionally licensed engineer.
ERECT. To build, construct, attach, hang, place, suspend, or affix, also including the painting of wall signs.
ESTABLISHED GRADE. The finished grade following grading, excavation, or other land-disturbing activity.
EXISTING DEVELOPMENT. Structures, buildings, site specific development plans, or other projects that are completely built or that at a minimum have established a vested right as of the effective date of this ordinance based on at least one of the following being satisfactorily proven to the Ordinance Administrator for the specific development in question:
(A) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the development;
(B) Having an outstanding valid building permit as authorized by G.S. §§ 153A-344.1 and 160A-385.1; or
(C) Having an approved site specific or phased development plan as authorized by G.S. §§ 153A-344.1 and 160A-385.1.
EXPANSION. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements or structures.
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EXTRATERRITORIAL JURISDICTION. The area outside municipal limits where the town exercises planning, zoning, and subdivision powers.
FACADE. The exterior wall of a building parallel to the frontage line or the street that fronts the parcel on which the building is located. FACADES may be on the front, side, or rear elevation of the building.
FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than six persons not related by blood, marriage, or adoption living together as a single housekeeping unit, as in a family care home.
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. § 168-21).
FENCE. A structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of each floor of the principal building and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.
FLOOR AREA RATIO. The total floor area of all structures on a lot, divided by the total horizontal area of the lot.
FOOT CANDLE. The amount of light that falls onto a surface as emitted by an exterior lighting device.
FRONT LOT LINE. The line connecting the two side lot lines along the edge of the lot adjacent to the right-of-way of the street that provides the lot’s street address (also referred to as the “lot frontage”).
FULL CUT-OFF LENS. An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.
GLARE. The reflection or harsh, bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF DRIVING RANGE. A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Such uses may include a concessions stand, netting, exterior lighting fixtures, putting greens, as well as maintenance and outdoor storage areas. Such uses do not include golf courses.
GOVERNMENT OFFICES AND FACILITIES. An office or other facility of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, town and county administrative offices, courts, employment offices, public assistance offices, motor vehicle licensing and registration services, maintenance and repair centers, and supply and equipment depots. This use does not include jails or correctional institutions.
GRADE. The elevation of the land or land level at a specific point.
GRADE, STREET. The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel.
GROUND COVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
GROUP CARE FACILITY. A facility licensed by the state (called by any name, which is not a “family care home” as defined by this ordinance) which employs supervisory and support personnel to provide care for fewer than 30 individuals, including room, board, and personal care and habilitation services in a communal setting.
HEAVY EQUIPMENT SALES AUCTION. An auction that exists primarily for the sale of construction, agricultural, and transportation equipment and other related items. These auctions must be intermittent in nature (limited to a maximum of eight annual events).
HEIGHT. The vertical distance from the mean grade elevation taken at the fronting street side of a structure to the parapet or roof line of a flat roof, the eave of a pitched roof, or the deck line of a mansard roof.
HOME OCCUPATION. A business, profession, occupation, or trade which is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely or perceptively affect the character of the lot or surrounding area. HOME OCCUPATION includes, but is not limited to: offices; electronic and off-site retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming, and the like. HOME OCCUPATION does not include such businesses as: automotive repair and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business which is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.
HOSPITAL. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, that is licensed by state law to provide facilities and services in surgery, obstetrics, or general medical practice. Such institutions may include in-patient medical or surgical care for the sick or injured and related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
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HOTELS AND MOTELS. Hotel and motel are to be considered synonymous uses. A HOTEL OR MOTEL means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.
IMPERVIOUS SURFACE. Buildings; parking areas; driveways; streets; sidewalks; areas of concrete, asphalt, gravel, or other compacted aggregate; and areas covered by the outdoor storage of goods or materials which do not absorb water.
IMPROVEMENT. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object, or any part thereof, constituting physical addition to real property.
INDUSTRY, LIGHT. The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.
INTERMITTENT STREAM. A stream which fails to convey water for some or part of the year due to fluctuations in season, temperature, or humidity.
INTERPRETATION. An interpretation of this ordinance made in writing by the Ordinance Administrator or designee in accordance with the standards in division 1.6, Ordinance Interpretation.
JUNK VEHICLE. A vehicle which does not lawfully display a current license plate and which is partially dismantled or wrecked, or cannot operate under its own power.
JUNKYARD. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste, or for operation and maintenance of a place of business for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor parts.
KENNEL, COMMERCIAL. A facility where dogs, cats, or other domestic animals over three months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. Such a facility may have an indoor and outdoor component.
LAND. The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
LAND DEVELOPMENT PERMIT. A permit reviewed and approved, approved with conditions, or denied by the Ordinance Administrator in accordance with division 3.2.10, Land Development Permit.
LAND DISTURBING ACTIVITY. Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.
LAND OWNER. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner. The person shown on the records of the County Register of Deeds shall be presumed to be the person in control of the property.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. Any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece of documentation (including, but not limited to, a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including, but not limited to, boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
LATTICE TOWER. A freestanding steel framework tower with three or four sides designed to support antennas or other communications equipment.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.
LOCAL STREET. A street whose primary function is to provide access to abutting properties.
LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards, and open spaces required in these regulations.
LOT COVERAGE. The portion of the lot that is covered by impervious surfaces.
LOT DEPTH. The horizontal distance between the midpoints of straight lines connecting the front lot line and the rear lot line.
LOT DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets.
LOT FRONTAGE. See FRONT LOT LINE.
LOT LINE. The lines bounding a lot as established by ownership.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds prior to October 1, 2008, or a lot described by metes and bounds recorded prior to the enactment of a subdivision ordinance within the controlling jurisdiction.
LOT WIDTH. The distance between the side lot lines measured along a setback line or build-to line, or the distance measured between the side lot lines along the street right-of-way if no setback has been established.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT, IRREGULARLY SHAPED. A lot with three sides, more than four sides, or with corner angles greater or less than 90 degrees. The front yard of such lots shall be determined with respect to adjacent homes and street vistas.
LOT, NONCONFORMING. A lot that met all legal requirements when it was platted or otherwise recorded but which does not comply with the minimum lot area or minimum lot width requirements of this ordinance, or a subsequent amendment hereto, for the zoning district in which it is located.
LOT, REVERSE FRONTAGE. Any lot oriented to an abutting street in such a way that the intersection of the front building line, extended, and the street right-of-way line form an interior angle of less than 45 degrees. A REVERSE FRONTAGE LOT may also be a corner lot, through lot, or an interior lot.
LOT, SINGLE-TIER. A lot which backs up to a limited access highway, railroad, water body, physical barrier, or other type of use other than another lot.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots.
MAJOR THOROUGHFARE. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.
MANUFACTURED HOME PARK. A parcel of land developed to accommodate manufactured housing.
MAXIMUM EXTENT PRACTICABLE. No feasible or practical alternative exists, as determined by the Ordinance Administrator, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining MAXIMUM EXTENT PRACTICABLE.
MEDICAL TREATMENT CENTER. An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, or psychologists, and where patients may or may not be lodged overnight.
MICROBREWERY. An establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces less than 15,000 barrels (a barrel is approximately 31 gallons) of beer per year. A MICROBREWERY sells to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer.
MICRODISTILLERY. A small, often boutique-style distillery established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single batches (as opposed to larger distillers’ continuous distilling process).
MINIMUM DESIGN CRITERIA (STORMWATER) or MDC. The requirements set forth in Title 15A, Subchapter 2H of the state’s Administrative Code for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with state water quality standards adopted pursuant to G.S. § 143-214.1.
MINIMUM LOT SIZE. The minimum amount of land area, measured horizontally, included within the lines of a lot as required by this ordinance. Lands located within any private easements shall be included within the lot size.
MINOR THOROUGHFARE. Minor thoroughfares collect traffic from collector, subcollector, and local streets and carry it to the major thoroughfare system. MINOR THOROUGHFARES are used to supplement the major thoroughfare system by facilitating the movement of moderate volumes of traffic within and through urban areas.
MIXED-USE. A single structure or tract of land containing more than one type of use, where the different types of uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.
MOBILE UNIT (NONRESIDENTIAL). A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
MONOPOLE TOWER. An antenna-supporting structure typically composed of a single hollow steel shaft with one or more platforms intended for mounting antennas or other communications equipment.
MOTOR VEHICLE USE AREA. The area containing the driveways, drive aisles, parking, stacking and standing areas provided for motor vehicles.
NONCONFORMING LOT. A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING SIGN. Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDING. A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING USES. Any actual and active use lawfully being made of any land, building, sign, or structure not otherwise abandoned, which exists on the effective date of this ordinance or on the effective date of any amendment thereto, and renders such existing use illegal within a district, or which does not comply in any fashion with any of the regulations of this ordinance or any amendments thereto. If the property or structure is vacant or unused on the effective date of this ordinance or any amendment thereto, it shall be conclusively presumed that the property or structure is subject to the provisions of this ordinance or any amendments thereto. A use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMITY. A nonconforming use, structure, lot of record, or sign.
NON-EROSIVE VELOCITY. The flow rate of water, usually measured in feet per second, that does not exceed the maximum permissible velocity for the condition and type of soil and groundcover over which the water is flowing. Erosion is likely to occur when the maximum permissible velocity is exceeded.
NORTH CAROLINA GENERAL STATUTES (G.S.). The laws created by the State of North Carolina legislature and to which the town is required to uphold.
NOTICE OF VIOLATION. An initial notice indicating an infraction of the ordinance; not associated with a fine.
NURSING HOME. See ASSISTED LIVING/NURSING FACILITIES.
OFF-SITE STORMWATER SYSTEM. Stormwater management systems that are located outside the boundaries of the specific project in question, but designed to control stormwater drainage from that project and other potential development sites.
ONE-YEAR STORM. One-year, 24-hour storm means the maximum amount of rainfall during a 24 consecutive hour period expected, on average, to occur once a year. One-year, 24-hour storm depths are estimated by the National Oceanic and Atmospheric Administration (NOAA) Precipitation Frequency Data Server (PFDS).
OPACITY. A measurement indicating the degree of obscuration of light or visibility.
ORDINANCE. A document of regulations enforceable as municipal law.
OUTDOOR DISPLAY/SALES. The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.
OUTDOOR STORAGE. The keeping, in an unroofed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot, or junk vehicles. Such activities may be the principal use of the land where located or as an accessory use to another principal use.
OUTFALL. A point at which stormwater enters surface water or exits the property of a particular owner.
OVERLAY DISTRICT. A zoning district that includes supplementary or replacement regulations to the requirements of the underlying, Base Zoning District.
OVERSTORY TREE. A tree that has an expected height at maturity of greater than 30 feet.
OWNER. The legal or beneficial owner of land, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. OWNER shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an OWNER, unless the secured lender is included within the meaning of OWNER under another description in this definition, such as a management entity.
PARCEL. Any quantity of land and/or water capable of being described in definitive terms with respect to its location and boundaries. It may be established as distinct from other parcels which are designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
PARK, PUBLIC. Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.
PARKING, OFF-SITE. An off-street parking area provided on a different parcel than the use it is intended to serve.
PARKING, ON-STREET. A location or area within the right-of-way of a public or private street that is reserved for the parking of vehicles. Such areas may or may not be formally designated with signage, striping, or parking meters.
PARKING, SHARED. Off-street parking facilities shared by two or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s).
PARKING LOT. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.
PARKING LOT DRIVE AISLE. A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE, ACCESSIBLE. A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.
PARKING SPACE, OFF-STREET. A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.
PATHWAYS, PEDESTRIAN. Interconnected paved walkways that provide a pedestrian passage through blocks running from street to street, vehicular use areas, or other locations.
PERENNIAL STREAM. A stream or other channel that holds flowing water 365 days a year.
PERFORMANCE GUARANTEE. Any security that may be accepted by the town or another government unit to assure that improvements required as part of an application for development will be satisfactorily completed.
PERMITTED USES. Uses allowed to occur by right within a designated zoning or other planning district.
PERSON. For the purposes of enforcing this ordinance in accordance with Article 4, Enforcement, PERSON includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. PERSONS subject to the remedies and penalties established in Article 4, Enforcement, for violating this ordinance shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, PERSON means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.
PERSON WITH DISABILITIES. 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).
PERVIOUS SURFACE. A surface that is penetrable by water to some degree. PERVIOUS SURFACES may be constructed of mixed pervious and impervious surfaces such as concrete and grass, or “grass-crete”.
PLAN, CONCEPT. A general plan reviewed as part of another development review process in accordance with division 3.2.6, Concept Plan.
PLAN, SITE. A site specific plan reviewed and approved or denied by the Ordinance Administrator in accordance with division 3.2.7, Site Plan.
PLANNING BOARD. The Town of Butner Planning Board, established by ordinance in accordance with G.S. §§ 160A-361 and 160A-362.
PLANTING STRIP. Areas adjacent to property lines intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PLAYGROUND EQUIPMENT, RESIDENTIAL. Any product in which the support structure remains stationary while the activity is taking place and is intended for a child to perform any of the following activities: climbing, swinging, sliding, rocking, spinning, crawling, or creeping, or combination thereof.
PORCH. A roofed structure not more than 75% enclosed by walls, attached to the main building, and not heated or cooled.
PORTABLE SELF STORAGE CONTAINER. Transportable containers designed and used primarily for temporary storage of building materials, household goods, personal items, or other materials on residential lots.
PRIMARY ENTRANCE. The place of ingress and egress to a building, parcel, or development used most frequently by the public.
PRINCIPAL USE. The primary purpose or function that a lot serves or is proposed to serve.
PRODUCE STAND. A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs, or plants grown on the same parcel of land where the stand is located. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and homemade handicrafts. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also include “pick your own” establishments where customers gather their own produce from the fields for purchase and off-site consumption.
PROJECT. The proposed development activity for which an applicant is seeking a stormwater permit from the state or other entity in accordance with this section. The PROJECT shall exclude any land adjacent to the area disturbed by the project that has been counted as pervious by any other development regulated under a federal, state, or local stormwater regulation. Owners and developers of large developments consisting of many linked projects are encouraged to develop a master plan that illustrates how each project fits into the design of the large development.
PROJECT AREA. Any area of land or water, regardless of the number of individual lots contained therein, on which development is proposed under this ordinance.
PUBLIC HEARING. A meeting open to the public advertised in advance in the local printed media, or as otherwise required by statute, concerning proposed ordinances, amendments, or other official town business which require public participation and input.
PUBLIC SPACE. Active use areas in the Gateway Districts, including any space that is intended for recreational use by the general public and/or patrons of the tenants or building owners of the buildings to which the public space is attached. The foregoing notwithstanding, property owners of PUBLIC SPACE shall allow ingress and egress across public space designated routes approved on the concept plan at least five feet in width dedicated to sidewalks and similar pedestrian, bicycle, or other non-vehicular routes of ingress and egress to and through surrounding properties. PUBLIC SPACE may be privately or publicly owned and maintained and also may include open spaces and pedestrian use areas. Examples of PUBLIC SPACES can include squares, plazas, greens, courtyards, storefront gathering areas, and the like, and may be located within the building zone.
QUASI-JUDICIAL PUBLIC HEARING. A formal public hearing involving the legal rights of specific parties conducted by the Board of Adjustment based on evidence and sworn testimony presented during the public hearing. Decisions made during such hearings are based upon and supported by the record developed at the hearing, and typically involve findings of fact made by the decision-making body.
REAR LOT LINE. The line connecting the two side lot lines along the edge of the lot opposite from the frontage line.
RECREATIONAL VEHICLE (RV) PARK. A place for the temporary parking of recreational vehicles (RV’s) for temporary living quarters for recreation, camping, travel, transient workers, and seasonal use. For the purposes hereof, “temporary” means that an RV shall not be parked in a RV park for more than 18 months in any 24-month period.
REDEVELOPMENT. Any development on previously-developed land. REDEVELOPMENT of structures or improvements that (i) existed prior to December 2006 and (ii) would not result in an increase in built-upon area and (iii) provides stormwater control at least equal to the previous development is not required to meet the nutrient loading targets of this ordinance.
REGISTER OF DEEDS. The duly designated Register of Deeds of Granville County, North Carolina.
RESTAURANT, WITH DRIVE THROUGH SERVICE. An establishment where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages to persons seated inside, outside, in automobiles, and/or in other than a completely enclosed building on the premises.
RIGHT-OF-WAY. The land dedicated, deeded, used, or to be used for a street, road, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up rights to the land so long as it is being or will be used for the intended purpose. RIGHT-OF-WAY also is a land measurement term, meaning the distance between lot property lines which generally contain not only the street pavement, but also the sidewalk, grass area, and underground or aboveground utilities.
ROOF, MANSARD. A four-sided roof having a double slope on each of the four sides, with the lower slope much steeper than the upper.
ROOF LINE. The highest point of a flat roof and mansard roof and the lowest point of a pitched roof excluding any cupolas, chimneys, or other minor projection.
ROOMING HOUSE. Any building or portion thereof for providing lodging, but not meals, to not more than five guests where rent is paid to the owner or proprietor.
SCHOOL (ELEMENTARY, MIDDLE, SENIOR HIGH). A public or private school offering general, technical, or alternative instruction at the pre-school, elementary, middle, and/or secondary school levels which operates in buildings or on premises of any tract size leased or owned by the educational institution for administrative purposes, classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities which further the education mission of the institution.
SELF STORAGE FACILITY. A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, and the like).
SETBACK. The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the structure or its supporting member, whichever is nearest to the property line or right-of-way.
SHOEBOX-STYLE LIGHTING FIXTURE. An exterior lighting device in the shape of a box that is typically mounted on a pole and constructed to direct illumination to a constrained area directly beneath the lighting fixture.
SHOOTING RANGE, INDOOR. An enclosed, permanent building open to the public or to members of an organization, where firearms are discharged at targets.
SHOOTING RANGE, OUTDOOR. An outdoor facility open to the public or members of an organization, where firearms are discharged at targets. Personal recreational target practice areas on private property, safety course training for hunters by a certified trainer, seasonal hunting activities, and governmental facilities are not considered a shooting range.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. SHRUBS may be deciduous or evergreen.
SIDE LOT LINE. The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.
SIGHT DISTANCE TRIANGLE. The triangular area computed based on the visibility at an intersection, within which no sign may interfere with visibility (assuming eye level at three-and-one-half feet to six feet from a distance of 15 feet from the edge of the pavement).
SIGHT TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the curb or a driveway).
SIGN. Any object, display, or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term SIGN does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious, or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols.
SIGN, CAMPAIGN OR ELECTION. A sign that advertises a candidate for political office, or issue to be voted on, on a definite election day.
SIGN, CANOPY (OR AWNING SIGN). A sign attached to or painted on a canopy or awning.
SIGN, DIRECTIONAL. A sign used to guide vehicular and/or pedestrian traffic by using such words as “entrance”, “exit”, “parking”, “one-way”, or similar directional instructions, but not including any advertising message except logos.
SIGN, DIRECTORY. A ground or building sign that lists tenants or occupants of a building or development project, with unit numbers, arrows, or other directional information.
SIGN, FREESTANDING. A self-supporting sign resting on, or supported by means of poles, standards, or any other type of base on the ground.
SIGN, HANGING. A sign suspended from under a canopy covering a sidewalk or pedestrian arcade.
SIGN, IDENTIFICATION. A sign bearing the address of the premises or name of the occupant, but containing no logo or commercial message.
SIGN, INCIDENTAL. An informational sign that has a purpose secondary to the use of the site on which it is located, such as an “entrance” or “no parking” sign. Such signs do not contain a commercial message that is legible from off-site areas.
SIGN, MENU BOARD. An accessory sign providing menu items and prices associated with a drive through window or walk-up service window.
SIGN, MONUMENT. A ground-mounted sign in which the area between the bottom edge of the sign and the ground is substantially filled with a solid architectural material. Solid architectural materials include wood, brick, stone, masonry, or hard-coat stucco but do not include aluminum or similar materials. Substantially filled shall be defined as at least two-thirds of the area between the edges of the sign and the ground.
SIGN, PROJECTING. Any sign other than a wall sign that is attached to and projects from the wall or face of a structure more than 18 inches, including an arcade/marquee sign.
SIGN, PUBLIC INTEREST. A sign including noncommercial information of interest that may or may not be associated with a particular location.
SIGN, REAL ESTATE. A sign advertising real property for sale or lease.
SIGN, REGULATORY. A sign indicating federal, state, or municipal regulations for automobiles, trucks, bicycles, pedestrian movement, loading, or parking.
SIGN, ROOF. A sign that is placed above or supported on the top of a building.
SIGN, TEMPORARY. A sign or advertising display designed to be displayed for a short period of time (30 consecutive days, maximum; six months between occurrences). Included in this category are banners and retailers’ signs temporarily displayed for the purpose of informing the public of a sale or “special” offer.
SIGN, WALL. A sign mounted parallel to or painted on a building facade or other vertical building surface that does not project more than 18 inches from the wall surface.
SIGN FACE. The advertising display surface area of a sign that includes the copy or message. In the case of freestanding signs, consists of the entire surface area of the sign on which copy could be placed. Where a sign has two display faces back to back, the area of only one face shall be considered the SIGN FACE area. Where a sign has more than one display face, all areas that can be viewed simultaneously shall be considered the SIGN FACE area. In the case of a sign whose message is fabricated together with the background that borders or frames that message, SIGN FACE area shall be the total area of the entire background. In the case of a sign whose message is applied to a background that provides no border or frame, SIGN FACE area shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems, and other elements of the sign message.
SIGN HEIGHT. The vertical distance as measured at the highest point of the sign to the elevation of the principal grade of the road or street to which the sign is oriented.
SIGN LIGHTING, BACK LIT. Illumination of a sign face where the letters are raised beyond the sign’s background and lighting sources that illuminate the background. The lighting sources are covered so that they are not visible and only the sign’s background is illuminated.
SIGN SUPPORT STRUCTURE. For freestanding signs, the poles or bracing to which the sign is attached or mounted.
SITE-SPECIFIC SITE PLAN (VESTING PLAN). A diagram to scale showing the development plans for a project and containing all information required of site plans and/or subdivision plats.
STACKING/STANDING AREA. A portion of the vehicular use area on a site that is dedicated to the temporary storage or “standing” of vehicles engaged in drive through use of the site or development. Parking or storage of vehicles is not permitted within the STACKING/STANDING AREA.
STATE. The state of North Carolina.
STATE ROADWAY SYSTEM. The system of surface roadways owned and operated by the State of North Carolina.
STEPBACK. A setback located on the upper stories of a building, typically to reduce the bulk of a building or to provide outdoor floor space.
STORMWATER. The direct runoff response of a watershed to rainfall, including the surface and subsurface runoff and any associated material that enters a ditch, stream, or storm sewer during a rainfall event.
STORMWATER CONTROL MEASURE or SCM or BEST MANAGEMENT PRACTICE or BMP. A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof.
STORMWATER SYSTEM. All engineered stormwater controls owned or controlled by a person that drain to the same outfall, along with the conveyances between those controls. A system may be made up of one or more stormwater controls.
STORY. The portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
STREET, PRIVATE. An area intended for local vehicular traffic, owned and maintained by a private corporation, individual, or group of individuals.
STREET, PUBLIC. An area for vehicular traffic that is dedicated to or maintained by a public agency.
STREET STUB. A nonpermanent dead-end street intended to be extended in conjunction with development on adjacent lots or sites.
STREET WALL. A wall of facades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. STREET WALLS can sometimes be used in place of building facades, and shall be designed to imitate the architecture of the building.
STRUCTURAL BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. STRUCTURAL BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. STRUCTURAL BMP is synonymous with STRUCTURAL PRACTICE, STORMWATER CONTROL FACILITY, STORMWATER CONTROL PRACTICE, STORMWATER TREATMENT PRACTICE, STORMWATER MANAGEMENT PRACTICE, STORMWATER CONTROL MEASURES, STRUCTURAL STORMWATER TREATMENT SYSTEMS, and similar terms used in this ordinance.
STRUCTURAL REPLACEMENT COST. For the purposes of Article 5, Nonconformities, it means the cost of replacing the structure the day prior to its destruction, based on a market appraisal performed by a certified appraiser, at the landowner’s expense.
STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. STRUCTURE also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, docks, mooring areas, and similar accessory construction.
SUBCOLLECTOR STREET. A street whose principal function is to provide access to abutting properties, but which is also designed to be used to connect local streets with collector or higher classification streets.
SUBDIVIDER. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein described.
SUBDIVISION. Includes all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale or building development of any type and also includes all divisions of land involving the dedication of a new street or a new street right-of-way or a change in existing streets; provided, however, that the following will not be included within this definition.
(A) The combination or recombination of portions of parcels platted and recorded prior to the effective date of this ordinance, or portions of lots platted in compliance with this ordinance after its effective date, where the total number of lots is not increased and the resultant lots are equal to the standards of this ordinance and the appropriate planning area classification.
(B) The division of land into parcels greater than ten acres where street right-of-way dedication or reservation is not involved.
(C) The creation of strips of land for the widening or opening of streets, sidewalks, or greenways, or the location of public utility rights-of-way.
(D) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where street right-of-way dedication or reservation is not involved and where the resultant lots are equal to or exceed the standards of the appropriate planning area classification.
(E) The division of land into plots or lots for use as a cemetery.
SUBDIVISION FINAL PLAT. A type of subdivision approval reviewed and approved or denied by the Town Council in accordance with division 3.2.9(E), Subdivision Final Plat.
SUBDIVISION PRELIMINARY PLAT. A type of subdivision approval reviewed and approved or denied by the Town Council in accordance with division 3.2.9(D), Subdivision Preliminary Plat.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion, or improvement of a structure, the cost of which exceeds 50% of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. SUBSTANTIAL IMPROVEMENT shall not include, however, any repair or improvement required bringing the structure into compliance with existing state or town health, sanitary, safety, or building ordinance specifications necessary to ensure safe habitation of the structure.
SUBSTANTIAL PROGRESS. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. SUBSTANTIAL PROGRESS for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.
SWIMMING POOL. An above- or below-ground structure with a potential water depth of two feet or more that may be filled with water and used for swimming.
TAP ROOM. A room or defined interior space that is ancillary to the production of beer at a microbrewery, brewpub, or large brewery where the public can purchase and/or consume only the beer produced on-site.
TEXT AMENDMENT. An amendment to the language of this ordinance approved, approved with conditions, or denied by the Town Council in accordance with division 3.2.2, Land Development Ordinance Text Amendment.
TOWN. Town of Butner, North Carolina.
TRACT. All contiguous land and water bodies under single or diverse ownership being developed as a unit consisting of one or more parcels or lots.
TREE, DECIDUOUS. A tree that drops its foliage annually before becoming dormant.
TREE, EVERGREEN. A tree with foliage that is not dropped, or that remains green throughout the year.
UNDERSTORY TREE. A tree that has an expected height at maturity of no greater than 30 feet.
VARIANCE. A development application reviewed and approved, approved with conditions, or denied by the Board of Adjustment in accordance with division 3.2.5, Variance.
VEGETATED CONVEYANCE. A permanent, designed waterway lined with vegetation that is used to convey stormwater runoff at a non-erosive velocity within or away from a developed area.
VEHICULAR USE AREA. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.
VERTICAL MIXED-USE STRUCTURE. A pattern of development that integrates several types of uses (e.g., retail, office, residential) within a building, occurring on different floors. A typical example of a vertical mixed-use development is a building that includes active uses, such as stores and restaurants, at the street level and residential or office uses on the upper floors.
VESTED RIGHT. The right to undertake and complete a development or use of property under the terms and conditions of an approved site-specific development plan currently in effect or as otherwise allowed by law.
WALL PACKS. An exterior lighting device that is flush-mounted on a vertical wall surface.
WATER DEPENDENT STRUCTURES. A structure that requires access, proximity to, or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, or bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and boat storage areas shall not be considered WATER DEPENDENT STRUCTURES.
WAREHOUSE. A use engaged in storage of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.
WHOLESALE SALES. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor’s materials or office or retail sales of business supplies/office equipment.
YARD. Open space that lies between the principal structure(s) and the nearest lot line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this ordinance. YARDS are further classified as front, rear, and side. Uses and structures that may be permitted in required yards include accessory structures, patios, decks and open porches, bay windows, open steps, driveways, fences, and permitted signs, underground utilities, existing vegetation, required landscaping, and lighting.
YARD, FRONT. A space extending the full width of the lot between the front facade of a building and the front lot line or the fronting street right-of-way measured perpendicular to the building at the closest point to the front lot line. Typically, this YARD is required to remain open and unoccupied, with the exception of certain encroachments such as porches, bay windows, porticos, arcades, stoops, sidewalks, street trees, street furniture, fences, walls, and landscaping.
YARD, REAR. A space extending across the full width of the lot between the rear facade of the principal structure and the rear lot line and measured perpendicular to the structure to the closest point of the rear lot line. REAR YARDS extend from the back of a structure to the lot line. Generally, accessory structures are permitted within this yard.
YARD, REQUIRED. The open space between a lot line and the yard line and the facade of a building within which no structure may be located except as permitted in this ordinance.
YARD, SIDE. A space extending from the front yard to the rear yard between the principal structure facade and the side lot line and measured perpendicular from the side lot line to the closest point of the principal structure facade. SIDE YARDS extend from the sides of a structure to a street right-of-way or lot line.
ZONING DISTRICT. A geographic area of land designated on the Official Zoning District Map and subject to uniform land use regulations related to uses, density, or other similar attributes.
ZONING MAP. The Official Zoning District Map upon which the boundaries of various zoning districts are drawn and which is an integral part of this ordinance.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure located on the same parcel of property as the principal structure, and the use of which is incidental to the use of the primary structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
APPEAL. A request for review of the Floodplain Administrator’s interpretation of any provision of this ordinance.
AREA OF SHALLOW FLOODING. A designated Zone AO or AH on a community’s flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the “freeboard”, establishes the “regulatory flood protection elevation”.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING. See STRUCTURE.
CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
DESIGN FLOOD. See REGULATORY FLOOD PROTECTION ELEVATION.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY. Any activity defined as development that will necessitate a floodplain development permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste, or any constituent part thereof, may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
ELEVATED BUILDING. A non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures, or development into a Special Flood Hazard Area, which may impede or alter the flow capacity of a floodplain.
EXISTING BUILDING AND EXISTING STRUCTURE. Any building and/or structure for which the “start of construction” commenced before the effective date of the FIRM, February 15, 1979.
EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(A) The overflow of inland or tidal waters; and/or
(B) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to, and shall be used in conjunction with, the flood insurance rate map (FIRM).
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. (See also DFIRM.)
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by FEMA. The FLOOD INSURANCE STUDY report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published.
FLOOD ZONE. A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area.
FLOOD-PRONE AREA. See FLOODPLAIN.
FLOOD-RESISTANT MATERIAL. Any building product (material, component or system) capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable, are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements”, available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable FLOOD-RESISTANT MATERIALS.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
FLOODWAY. The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified, North Carolina-licensed engineer, using standard engineering methods and models.
FREEBOARD. The height added to the BFE to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, and the hydrological effect of urbanization of the watershed. The BFE plus the FREEBOARD establishes the “regulatory flood protection elevation”.
FUNCTIONALLY DEPENDENT FACILITY. A facility that cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY. As defined in G.S. Ch. 130A, Art. 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE. Any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
(B) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(C) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or
(D) Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”.
Certified Local Government (CLG) Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended in 1980.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:
(A) LETTER OF MAP AMENDMENT (LOMA). An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a Special Flood Hazard Area.
(B) LETTER OF MAP REVISION (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, Special Flood Hazard Area boundaries and floodway delineations, and other planimetric features.
(C) LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the Special Flood Hazard Area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(D) CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of Special Flood Hazard Areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.
LIGHT DUTY TRUCK. Any motor vehicle with a gross vehicular weight rating of 8,500 pounds or less, which has a vehicular curb weight of 6,000 pounds or less, and a basic vehicle frontal area of 45 square feet or less, as defined in 40 C.F.R. § 86.082-2, and is:
(A) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or
(B) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(C) Available with special features enabling off-street or off-highway operation and use.
LOWEST ADJACENT GRADE (LAG). The lowest elevation of the ground, sidewalk, or patio slab immediately next to the building or deck support, after completion of the building.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
MANUFACTURED HOME. A structure, transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MAP REPOSITORY. The location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed. In North Carolina, FEMA has recognized that the application of digital flood hazard data products carry the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data, the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the MAP REPOSITORY; and for historical flood hazard data, the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the MAP REPOSITORY.
MARKET VALUE. The building value, not including the land value and that of any accessory structures or other improvements on the lot. MARKET VALUE may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of the initial floodplain management regulations, and includes any subsequent improvements to such structures.
NON-ENCROACHMENT AREA (NEA). The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.
POST-FIRM. Construction or other development for which the “start of construction” occurred on or after the effective date of the initial flood insurance rate map map dated February 15, 1979.
PRE-FIRM. Construction or other development for which the “start of construction” occurred before the effective date of the initial flood insurance rate map dated February 15, 1979.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
PUBLIC SAFETY AND/OR NUISANCE. Anything that is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV). A vehicle that is:
(A) Built on a single chassis;
(B) Four hundred square feet or less, when measured at the largest horizontal projection;
(C) Designed to be self-propelled or permanently towable by a light duty truck;
(D) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use; and
(E) Is fully licensed and ready for highway use.
REFERENCE LEVEL. The top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A, AE, AH, AO or A99.
REGULATORY FLOOD PROTECTION ELEVATION. The “base flood elevation” plus the “freeboard”. In Special Flood Hazard Areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like
SALVAGE YARD. Any nonresidential property used for the storage, collection, and/or recycling of any type of equipment, and including, but not limited to, vehicles, appliances, and related machinery.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).
SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined by division 16.5.2 of this ordinance.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The ACTUALSTART means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the ACTUALSTART OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one-year period, whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period, for which the cost equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
(A) Any correction of existing violations of state or community health, sanitary, or safety code specifications that have been identified by the community code enforcement official, and that are the minimum necessary to assure safe living conditions; or
(B) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure, and the alteration is approved by variance issued pursuant to division 16.6.5 of this ordinance.
TECHNICAL BULLETIN and TECHNICAL FACT SHEET. FEMA publications that provide guidance concerning the building performance standards of the NFIP, which are contained in 44 U.S.C. § 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations, and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
It should be noted that TECHNICAL BULLETINS and TECHNICAL FACT SHEETS provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must also be met for any building in a flood hazard area.
TEMPERATURE-CONTROLLED. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE. A grant of relief from the requirements of this ordinance.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required §§ 16.6 and 16.7 is presumed to be in VIOLATION until such time as that documentation is provided.
WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(Ord. A.19.08, passed 11-7-2019)