For the purpose of this Unified Development Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING.
Having property or district lines in common. Lots are also considered to be
ABUTTING
if they are directly opposite each other and separated by a street or alley.
ACCESS.
A way of approaching or entering a property.
ACCESS
also includes ingress, the right to enter, and egress, the right to leave.
ACCESSORY BUILDING OR USE.
A building or use not including signs, which is:
(1) Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Unified Development Ordinance;
(2) Clearly incidental to, subordinate in area and purpose to, and serves the principal use; and
(3) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal use.
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 principal 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.
ADMINISTRATION HEARING. A proceeding to gather facts needed to make an administrative decision.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter or other town development regulations. Also referred to as ministerial decisions or administrative determinations.
ADULT CARE HOME.
An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an
ADULT CARE HOME
may be administered by designated trained staff.
ADULT CARE HOMES
that provide care to two to six unrelated residents are commonly called family care homes.
ADULT DAY CARE PROGRAM.
The provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled.
ADULT ENTERTAINMENT BUSINESS DEF-INITIONS.
(1) ADULT BOOKSTORE.
An establishment which derives more than 50% of its revenues from the offering to customers of books, magazines, sexual paraphernalia, films or videotapes (whether for viewing off-premises or on-premises by use of motion picture machines or other image producing devices), periodicals or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to such customers, and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(2) ADULT CABARET.
An establishment whose principal business purpose is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3) ADULT ENTERTAINMENT ESTABLISHMENT.
Includes, but is not necessarily limited to, an adult club or cabaret used for any type presentation depicting, exhibiting or describing specified sexual activities or specified anatomical areas for observation by patrons therein and also includes bookstores, theaters, video stores, peep shows, model studios, sexual encounter centers, massage parlors, escort services and motels as the same are further defined herein and any other establishment which contains activities characterized by the performance, depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT MODEL STUDIO.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Modeling studios will not be considered adult entertainment establishments if the person appearing in a state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the state; a college, junior college or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(5) ADULT MOTEL.
A hotel, motel or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(6) ADULT THEATER.
An establishment, containing a room with tiers or rows of seats facing a screen, or projection area, whose principal business purpose is the exhibition to customers of motion pictures which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) ADULT VIDEO STORE.
A commercial enterprise selling or renting any of the following as more than 50% of its gross revenues:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(8) BODY PIERCING BUSINESS.
A legitimate and legally licensed operation offering body piercing services, other than ears, to the general public.
(9) ESCORT SERVICE.
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
(10) EXTERIOR PORTION.
Any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering or window, which is visible from any public way or public property.
(11) FORTUNE TELLERS.
A business that offers for sale the service of predicting the future or spiritual guidance through palm reading, tarot cards, crystal balls or other recognized means of fortune telling.
(12) MASSAGE PARLOR.
Any business or establishment where massage is practiced, excluding health clubs which derive more than 90% of revenue from sport activities or sale of memberships to engage in sport activities.
(13) NUDITY.
The appearance of a bare human buttocks, male genitals, female genitals or female breast(s).
(14) PEEK SHOWS.
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
(15) SEMI-NUDE.
A state of dress in which clothing covers no more than the genitals, pubic region, areolae of the female breast and those portions of the body covered by supporting straps and devices.
(16) SEXUAL ENCOUNTER CENTER.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex;
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude; or
(c) Sadistic/masochistic flagellation or torture (real or simulated) of one person by another and/or the fettering, binding or physically restraining one person by another.
(17) SIGN.
Any display, design, pictorial or other representation, which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishment. The term
SIGN
shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as such representations painted on or otherwise affixed to any part of the tract upon which such a regulated establishment is situated.
(18) SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
(b) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(19) SPECIFIED SEXUAL ACTIVITY.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;
(d) Flagellation or torture in the context of a sexual relationship;
(e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
(f) Erotic touching, fondling or other such contact with an animal by a human being.
(20) TATTOOING.
The inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.
(21) TATTOOING ESTABLISHMENTS.
A legal business consisting of marking and coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained herein incidental to such use.
TATTOOING ESTABLISHMENTS
shall not include temporary tattooing.
ALLEY.
A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general traffic.
ANTENNA.
Communications equipment that transmits, receives or transmits and receives electromagnetic signals used in the provision of all types of wireless communications service.
APARTMENT (DWELLING UNIT).
A room or suite of rooms intended for use as a residence by a single household or family (i.e., dwelling unit). Such
DWELLING UNIT
may be located in an apartment house, duplex or as an accessory use in a single-family home or a commercial building.
APARTMENT HOUSE.
See
MULTI-FAMILY DWELLING
.
APPEAL.
A request for a review of the Floodplain Administrator’s interpretation of any provision of this Unified Development Ordinance.
APPLICATION, TELECOMMUNICATIONS FACILITIES. A request submitted by an applicant to the town for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, town utility pole, or wireless support structure.
ASSISTED LIVING RESIDENCE.
Any group housing and services program for two or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. There are three types of
ASSISTED LIVING RESIDENCES
: adult care homes, adult care homes that serve only elderly persons, and multi-unit assisted housing with services.
AUCTION.
A building, area or areas within a building used for the public sale of goods, ware, merchandise or equipment to the highest bidder. Said sale must be conducted by an auctioneer licensed in accordance with G.S. § 85B-4. This definition excludes
AUCTIONS
for which the principal purpose is for the sale of livestock or motor vehicles.
AUCTION, ESTATE.
Any sale where tangible personal property is sold by an auctioneer licensed in accordance with G.S. § 85B-4 who is the agent for the executor of the estate controlling the property being sold.
AUTOMOBILE SERVICE STATION (GAS STATION).
Any building or land used for the dispensing, sale or offering for sale at retail any automobile fuels along with accessories such as lubricants or tires, except that car washing, mechanical and electrical repairs, and tire repairs shall only be performed incidental to the conduct of the service station and are performed indoors and has no fuel pumps within 15 feet of any property line or street right-of-way. Incidental activities shall not include tire retreading, body work, major mechanical work or upholstery work.
AUTOMOBILES/USED CAR LOTS.
Every vehicle which is self propelled and designed to run upon the highways and every vehicle which is pulled by such a self propelled vehicle to the exclusion of buses, semi trucks, semi truck trailers and any vehicles defined as commercial motor vehicles in G.S. § 20-4.01 (3rd).
BANNER.
A sign or outside advertising display having the letters, illustrations or visual representation applied to cloth, paper, vinyl, fabric or similar material. The term shall include pennants, rafts, T-shirts, floats, balloons, spinners, streamers and kites.
BASE STATION.
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies and other associated electronics.
BATTERY CHARGING STATION.
An electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed federal, state and/or local requirements.
BATTERY EXCHANGE STATION.
A fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds federal, state and/or local requirements.
BEDROOMS. As defined by the NC State Building Code.
BLOCK.
A piece of land bounded on one or more sides by streets or roads.
BLOCK FRONTAGE.
The portion of a block which abuts a single street.
BOARD OF ADJUSTMENT.
A local body, created by ordinance, whose responsibility is to hear appeals from decisions of the UDO Administrator and to consider requests for variances from the terms of the Unified Development Ordinance.
BOARD OF COMMISSIONERS.
The governing body of the town.
BOARDING HOUSE.
A building other than a hotel or motel where, for compensation, meals are served and lodging is provided.
BONA FIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-903. Sufficient evidence that the property is being used for bona fide farm purposes includes the following: (1) a farm sales tax exemption certificate issued by the Department of Revenue; (2) a copy of the property tax listing showing that the property is eligible for participation in the present-use-value program pursuant to G.S. § 105-277.3; (3) a copy of the farm owner’s or operator’s Schedule F from the owner’s or operator’s most recent federal tax return; or (4) a forestry management plan.
BUFFER.
A fence, wall, hedge or other planted area or device used to enclose, screen or separate one use or lot from another.
BUFFER STRIP.
Shall consist of plant material of such growth characteristics as will provide an obscuring screen of not less than seven feet in height.
BUFFER STRIP
would reasonably be expected within three years of planting. A planted, growing barrier affording visual privacy and sight relief between properties of dissimilar uses or character of buildings.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING FRONTAGE.
The linear length of a building facing the principal street right-of-way.
BUILDING, HEIGHT OF.
The vertical distance from the average sidewalk grade or street grade or finished grade and the building line, whichever is the highest, to the highest point of the building.
BUILDING INSPECTOR.
The person designated by the Board of Commissioners to enforce the provisions of the Standard Building Code and the North Carolina State Building Code.
BUILDING, PRINCIPAL (MAIN).
A building in which is conducted the principal use of the plot on which it is situated.
BUILDING SETBACK LINE.
A line measured parallel to the front property line in front of which no structure shall be erected.
CANOPY, MARQUEE
or
AWNING.
Any roof-like structure extended over a sidewalk or walkway.
CERTIFICATE OF OCCUPANCY.
Official certification that a premises conforms to provisions of the Zoning Code and Building Code and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied.
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.
CHILD CARE.
A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage or adoption.
CHILD CARE CENTER.
An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care.
CLEARING, FILL AND GRADE PERMIT.
Required permit issued by Building Inspection Department prior to any land disturbing activity.
CLUB OR LODGE (PRIVATE NONPROFIT, CIVIC OR FRATERNAL).
A nonprofit association of persons, who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests.
COLLOCATION. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term COLLOCATION does not include the installation of new utility poles, town utility poles, or wireless support structures.
COMMERCIAL CENTER.
Two or more retail stores, or service establishments, professional offices or any other businesses serving a community or neighborhood, not necessarily owned by one party nor by a single land ownership, which occupy a common and/or adjacent building(s) on premises and utilize common parking area(s).
COMMUNICATIONS FACILITY. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.
COMMUNICATIONS SERVICE. Cable service as defined in 47 USC § 522(6), information service as defined in 47 USC § 153(24), telecommunications service as defined in 47 USC § 153(53), or wireless services.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 USC § 522(5); a provider of information service as defined in 47 USC § 153(24); a telecommunications carrier as defined in 47 USC § 153(51); or a wireless provider.
COMPREHENSIVE PLAN. The comprehensive plan, land use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development that have been officially adopted by the Board of Commissioners.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONDOMINIUM, COMMERCIAL.
A single unit in a multi-unit mixed use or nonresidential development, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the development.
CONDOMINIUM, RESIDENTIAL.
A single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
CONSTRUCTION ACCESS PAD.
A gravel or stone pad designed to minimize the transfer of soil from the construction site onto the roadway. A
CONSTRUCTION ACCESS PAD
is required for industrial and commercial development and is to be a minimum of 50 feet long, composed of a gravel bed to be a minimum of four inches deep. A
CONSTRUCTION ACCESS PAD
is required for new construction in residential development for single-family, multi-family and subdivisions and is required to be a minimum of 20 feet long, composed of coquina to be a minimum of 12 feet wide.
CRITICAL FACILITY. A structure or other improvement that, because of its function, size, service area, or uniqueness, has the potential to cause serious bodily harm, extensive property damage, or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include health and safety facilities, utilities, government facilities, and hazardous materials facilities.
DECISION MAKING BOARD. A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this UDO.
DECORATIVE LIGHTING.
A string of outdoor lights suspended between two points.
DEDICATION.
A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed,
DEDICATION
must be made by written instrument, and is completed with an acceptance.
DENSITY.
The number of dwelling units per acre calculated based upon net buildable area as defined herein. Density requirements shall be as follows in the applicable residential districts, except, however, 40% of the total number of dwelling units must be single-family detached units and not more than 75% of the established buildable area may be made impervious.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT. Unless the context clearly indicates otherwise, the term means any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(2) Excavation, grading, filling, clearing, or alternation of land.
(3) The subdivision of land as defined in G.S. §160D-802.
(4) The initiation of substantial change in the use of land or the intensity of the use of land.
DEVELOPMENT PERMIT. An administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal, including any of the following:
(1) Zoning permits.
(2) Site plan approval.
(3) Special use permits.
(4) Variances.
(5) Certificates of appropriateness.
(6) Plat approvals.
(7) Development agreements.
(8) Building permits.
(9) Subdivision of land.
(10) State agency permits for development.
(11) Driveway permits.
(12) Erosion and sedimentation control permits.
(13) Sign permits.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to G.S. Chapter 160D that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. Chapter 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulations, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to G.S. Chapter 160D, or a local act or charter that regulates land use or development.
DIAMETER BREAST HEIGHT (DBH).
A measure of the size of a tree. Diameter is measured by finding the circumference of the tree trunk with a tape measure and dividing the result by pi (3.14159). The circumference measure shall be taken at breast height - four and one-half feet above existing grade (the base of the tree). In the event of a multitrunk tree, the DBH of each trunk shall be summed to determine a total DBH for that tree.
DISH ANTENNA OR EARTH STATION.
A dish antenna, or earth station, is any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit.
DISH ANTENNA OR EARTH STATION HEIGHT.
The height of the antenna or dish shall be that distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.
DISH ANTENNA OR EARTH STATION SETBACK.
The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.
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 of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
DOWN-ZONING. A zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
DUPLEX.
A building containing two dwelling units, other than where a second dwelling unit is permitted as an accessory use.
DWELLING.
Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. The term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING, ATTACHED. A dwelling unit attached side-by-side to two or more other dwelling units by common vertical walls. Each dwelling unit shall be located on a separately deeded lot.
DWELLING, DETACHED. A dwelling unit not attached to another dwelling unit that is developed with open yards on at least three sides.
DWELLING, DUPLEX. A building containing two dwelling units, other than where a second dwelling unit is permitted as an accessory use.
DWELLING, MULTI-FAMILY. A building containing three or more dwelling units, except where permitted as an accessory use.
DWELLING, SINGLE FAMILY. A single building containing one dwelling unit only, but may include one separate unit as an accessory use to be occupied only by employees or relatives of the household. Such separate unit shall not include kitchen facilities.
DWELLING UNIT. A room or combination of rooms designed for year round habitation, containing self-sufficient bathroom and kitchen facilities, connected to all required utilities, and designed for or used as a residence by one family. Units located within motels or hotels or travel trailers shall not be included as dwelling units.
EASEMENT.
A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
ELECTRIC VEHICLE.
(1) Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for energy purpose.
(2) ELECTRIC VEHICLE
includes:
(a) A battery powered electric vehicle; and
(b) A plug-in hybrid electric vehicle.
ELECTRIC VEHICLE CHARGING STATION.
A public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. An
ELECTRIC VEHICLE CHARGING STATION
is permitted as an accessory use to any principal use.
ELECTRIC VEHICLE PARKING SPACE.
Any marked parking space that identifies the use to be exclusively for an electric vehicle.
ELIGIBLE FACILITIES REQUEST.
A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
EQUIPMENT COMPOUND.
An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
EVENT. Any organized activity, celebration, etc., for members of the general public or a particular group or social/commercial event.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under G.S. Chapter 160D.
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 the pouring of concrete pads) was completed before the original effective date of the floodplain management regulations adopted by the community.
FALL ZONE.
The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
FAMILY.
One or more persons related by blood, marriage or adoption living together as a single housekeeping unit and having a recognized head of household. For the purposes of this Unified Development Ordinance, such persons may include gratuitous guests, contributing roommates and domestic servants employed on the same premises.
FAMILY CARE HOME.
An adult care home having two to six residents. The structure of a
FAMILY CARE HOME
may be no more than two stories high, and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground-level accesses to the upper story.
FAMILY CHILD CARE HOME.
A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care.
FAMILY FOSTER HOME.
The private residence of one or more individuals who permanently reside as members of the household and who provide continuing full-time foster care for a child or children who are placed there by a child placing agency or who provide continuing full-time foster care for two or more children who are unrelated to the adult members of the household by blood, marriage, guardianship or adoption.
FLOOD DAMAGE PREVENTION DEFINITIONS.
(1) 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.
(2) AREA OF FUTURE-CONDITIONS FLOOD HAZARD. The land area that would be inundated by the 1-percent-annual-chance (100- year) flood based on future-conditions hydrology.
(3) 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.
(4) AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).
(5) BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
(6) 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 or state or other source using FEMA approved engineering methodologies. This elevation, when combined with the freeboard, establishes the regulatory flood protection elevation.
(7) BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
(8) DESIGN FLOOD. See REGULATORY FLOOD PROTECTION ELEVATION.
(9) 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.
(10) DEVELOPMENT ACTIVITY. Any activity defined as development which 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.
(11) 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.
(12) ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
(13) 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.
(14) EXISTING BUILDING AND EXISTING STRUCTURE. Any building and/or structure for which the "start of construction" commenced before the effective date of the floodplain management regulations adopted by a community.
(15) 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 of runoff of surface waters from any source.
(16) FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, 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).
(17) FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
(18) FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.
(19) FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. See also DFIRM.
(20) 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 the Federal Emergency Management Agency. The FLOOD INSURANCE STUDY report includes Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), if published.
(21) FLOOD PRONE AREA. See FLOODPLAIN.
(22) FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
(23) FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.
(24) FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this Unified Development Ordinance, prior to the commencement of any development activity.
(25) 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.
(26) FLOODPLAIN MANAGEMENT REGULATIONS. Sections 91.240 through 91.263 of this Unified Development 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.
(27) FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.
(28) 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, and available from FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
(29) 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.
(30) 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.
(31) 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.
(32) FREEBOARD. The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than 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 on the watershed. The base flood elevation plus the FREEBOARD establishes the regulatory flood protection elevation.
(33) 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.
(34) 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.
(35) MEAN SEA LEVEL. For purposes of this Unified Development Ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations
within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
(36) NON-ENCROACHMENT AREA. 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.
(37) POST-FIRM. Construction or other development for which the start of construction occurred on or after January 26, 1999, the effective date of the initial Flood Insurance Rate Map.
(38) PRE-FIRM. Construction or other development for which the start of construction occurred before January 26, 1999, the effective date of the initial Flood Insurance Rate Map.
(39) REFERENCE LEVEL. The top of the lowest floor for structures within Special Flood Hazard Areas designated as Zone A, AE, AH, AO or A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within the Special Flood Hazard Areas designated as Zone VE.
(40) 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 three feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. Duct work and other non- flood resistant materials are exempt from freeboard requirements but must still be above BFE.
(41) 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 Unified Development Ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
(42) RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.
(44) STRUCTURE. A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
(45) TECHNICAL BULLETIN and TECHNICAL FACT SHEET. A FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. C.F.R. at § 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.
(46) TEMPERATURE CONTROLLED. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
(47) 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 in §§ 91.240 through 91.263 is presumed to be in violation until such time as that documentation is provided.
(48) WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of riverine areas.
(49) 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.
FLOOR AREA.
For determining off-street parking and loading requirements:
(1) The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
(2) However,
FLOOR AREA
for the purposes of measurement for off-street parking spaces shall not include:
(a) Floor area devoted to primarily storage purposes (except as otherwise noted herein);
(b) Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or
(c) Basement floor other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA, GROSS.
The total floor area enclosed within a building.
FRONTAGE.
The length of the property line of any one premises serving as a public street right-of-way line. For lots with multiple
FRONTAGES
, the
PRINCIPAL STREET FRONTAGE
shall be the same as that to which the building is oriented. Should the owner wish to direct the sign solely to a
FRONTAGE
other than the
PRINCIPAL FRONTAGE
, the linear length of this
FRONTAGE
will be used to calculate the allowable area of the sign. Should the owner wish to direct the sign to both
FRONTAGES
, the
FRONTAGE
having the highest vehicular traffic volume shall be used to calculate the allowable area.
FUNCTIONALLY DEPENDENT FACILITY.
A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.
GARAGE, PRIVATE.
A building used as an accessory to or a part of the main building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
GOVERNING BODY. The Town or County Board of Commissioners. The term is interchangeable with the terms "board of aldermen" and "town/city council" and shall mean any governing board without regard to the terminology employed in charters, local acts, other portions of the NC General Statutes, or local customary usage.
GRANNY PODS. A temporary structure that will house a single mentally or physically impaired person in accordance with G.S. § 160D-915. The statute defines these to be North Carolina residents who require assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation, transferring, toileting, and eating). The impairment must be certified in writing by a physician licensed in North Carolina.
GROUP DEVELOPMENT.
Multi-family development having multi-family units grouped within more than one structure. This does not include townhouse development.
HALF STREET.
A street whose centerline coincides with a subdivision plat boundary with one-half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.
HAZARDOUS WASTE 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.
HELIPORT.
An area providing for the takeoff and landing of helicopter and fuel facilities (whether fixed or mobile) or appurtenant areas for parking, maintenance and repair of helicopters.
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:
(1) 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;
(2) 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;
(3) Individually listed on a local inventory of historic landmarks in communities with a certified local government (CLG) program; or
(4) 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.
HOME OCCUPATION.
A business, profession, occupation or trade conducted for gain or support and located entirely within a residential building or a structural accessory thereto, which use is accessory, incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. Further, provided that no more than 25% of the total floor area is used for such purposes; that there is no outside or window display; and no more than one person not residing on the premises is employed in connection with the home occupation.
HOST. A permanent, full-time resident of a property who is present during the homestay term for the entire time lodgers are staying on the property. The host may be temporarily absent from the property for purposes related to normal residential activities, such as shopping, working, attending classes, etc.; however, a host must be at the property overnight when lodgers are present.
HOMESTAY LODGING. A business engaged in the rental of individual bedrooms within a dwelling unit that serves as a host's principal residence, including any single-family or accessory apartment, that provides lodging for pay, for a maximum continuous period of 29 days, that does not include serving food, and to which the definition of family does not apply.
HOTEL
or
MOTEL.
A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where:
(1) Sleeping accommodations are supplied for pay to transient or permanent guests or tenants;
(2) Rooms are furnished for the accommodation of such guests; and
(3) May have one or more dining rooms, restaurants or cafes where meals are served.
INCOMPATIBLE USE.
A use or service which is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous or discordant.
INOPERATIVE VEHICLE.
Any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this Unified Development Ordinance, any vehicle which is registered with the North Carolina Department of Motor Vehicles and has a current North Carolina motor vehicle registration license affixed to it shall not be considered
INOPERATIVE
.
JUNK YARD.
Any area, in whole or in part, where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled including but not limited to, scrap iron and other metals, paper, rags, vehicles, rubber tires and bottles. A
JUNK YARD
includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
LAND DEVELOPMENT REGULATIONS. Any state statute, rule, or regulation, or local ordinance affecting the development or use of real property, including any of the following:
(1) Unified development ordinance.
(2) Zoning regulation, including zoning maps.
(3) Subdivision regulation.
(4) Erosion and sedimentation control regulations.
(5) Floodplain or flood damage prevention ordinance.
(6) Stormwater control regulation.
(7) Wireless telecommunication facility regulation.
(8) Historic preservation or landmark regulation.
(9) Housing code.
LANDOWNER. The holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase, to act as his or her agent or representative for the purpose of making applications for development approvals.
LARGE SCALE ZONING AMENDMENT. The rezoning of more than 50 parcels.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under G.S. Chapter 160D or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Chapter 160D, Article 10.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIGHT DUTY TRUCK. Any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 C.F.R. 86.082-2 and is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;
(2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
LOADING SPACE, OFF-STREET.
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles except to be used, and accessible to such vehicles. Required
OFF-STREET LOADING SPACE
is not to be included as off-street parking space in computation of required off-street parking space.
LOT.
A parcel of land occupied or intended for occupancy by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as required by this Unified Development Ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds. Includes the words parcel, plat, plot and tract.
LOT, DEPTH.
The
DEPTH OF A LOT
is the average distance between the front and back lot lines measured at right angles to its frontage and from corner to corner.
LOT LINE.
The line bounding a lot.
LOT LINE, FRONT.
The boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the
FRONT LOT LINE
shall be designated by the owner and filed with the town.
LOT LINE, REAR.
That boundary of a lot which is opposite the front lot line. If the
REAR LOT LINE
is less than ten feet in length, or if the lot forms a point at the rear, the
REAR LOT LINE
shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE.
Any boundary of a lot that is not a front lot line nor a rear lot line.
LOT OF RECORD.
A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Register of Deeds by the owner or predecessor in title thereto.
LOT TYPES.
(1) CORNER LOT.
A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a
CORNER LOT
if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(2) DOUBLE FRONTAGE LOT.
A continuous (through) lot which is accessible from both streets upon which it fronts.
(3) FLAG LOT.
A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
(4) INTERIOR LOT.
A lot other than a corner lot with only one frontage on a street.
(5) REVERSED FRONTAGE LOT.
A lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A
REVERSED FRONTAGE LOT
may also be a corner lot, an interior lot or a through lot.
(6) SINGLE-TIER LOT.
A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
(7) THROUGH LOT
or
DOUBLE FRONTAGE LOT.
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
.
LOT WIDTH.
The straight line distance between the points where the building setback line intersects the two side lot lines.
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.
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 Unified Development Ordinance.
MANUFACTURED HOME, CLASS A.
A manufactured home that meets 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:
(1) The manufactured home has a length not exceeding four times its width;
(2) The manufactured home has a minimum of 700 square feet of enclosed living area;
(3) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(4) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
(5) The home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home;
(6) The moving hitch, wheels and axles, transporting lights have been removed;
(7) Manufactured home to meet the requirements for Wind Zone 2; and
(8) All roof structures shall provide an eaves projection of six inch minimum.
MANUFACTURED HOME, CLASS B.
A manufactured home meets 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 criteria:
(1) The manufactured home has a length not exceeding four times its width;
(2) The manufactured home has a minimum of 576 square feet of enclosed living area;
(3) 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;
(4) The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous masonry, vinyl, aluminum or wood curtain wall, unpierced except for required ventilation and access is installed under the perimeter of the manufactured home;
(5) The moving hitch, wheels and axles, transportation lights have been removed; and
(6) Manufactured home to meet the requirements for Wind Zone 2.
MANUFACTURED HOME PARK.
Any site or tract of land, of contiguous ownership upon which manufactured home spaces are provided for manufactured home occupancy whether or not a charge is made for such service. This does not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sales.
MANUFACTURED HOME SPACE.
A plot of land within a manufactured home park designed for the accommodation of one mobile home.
MANUFACTURED HOME SUBDIVISION.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
MOBILE OFFICE.
A structure identical to a manufactured home except that it has been converted, or originally designed and constructed, for commercial or office use.
MODULAR STRUCTURE.
A structure that is constructed in accordance with the construction standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings and composed of components substantially assembled in a manufacturing plant and transplanted to the building site for final assembly and placement of a permanent foundation.
MULTI-FAMILY DWELLING.
A building containing two or more dwelling units within a structure or multiple single-family structures in a subdivision.
MULTI-PHASE DEVELOPMENT. A development containing 25 acres or more that is both of the following:
(1) Submitted for development permit approval to occur in more than one phase.
(2) Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
MULTIPLEX.
Either a single family attached unit with individual access or a multi-family unit with shared outside access. Small patios or balconies provide outdoor living space.
MULTI-UNIT ASSISTED HOUSING WITH SERVICES.
An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or other compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency’s established plan of care.
NET BUILDABLE AREA.
That area of the total subdivision less that area designated as permanent recreation/common open space and less those areas comprising the following categories:
(1) Easements for storm drainage or utilities;
(2) Highway/streets/associated rights-of-way;
(3) Sediment basins/water retention ponds;
(4) Wetlands defined by the North Carolina Coastal Management Act or U.S. Corps of Engineers;
(5) Water and waste water treatment facilities;
(6) Local or state designated state historical sites; and
(7) Water area including seasonal ponds or lakes may be included in net buildable area and counted towards open space if conveyed to a homeowners’ or property organization with appropriate restrictions recorded in deed and restrictive covenants to the property which restrict in perpetuity the use of such land and facilities to open space and recreational uses as shown on the master plan and is practicable to all property owners.
NEW CONSTRUCTION.
Structures for which the start of construction commenced on or after the effective date of the original version of the community’s flood damage prevention requirements and includes any subsequent improvements to such structures.
NEW OR USED CAR LOT.
Any building or land used commercially for the sale of or offering for sale of any motor vehicle or vehicles.
MOTOR VEHICLE
or
VEHICLES
is defined as any machine designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
NONCONFORMING LOT.
A lot existing at the effective date of this Unified Development Ordinance or any amendment to it (and not created for the purpose of evading the restrictions of this Unified Development Ordinance) that cannot meet the minimum area or lot width or depth requirements of the district in which the lot is located.
NONCONFORMING USE.
The use of a building, mobile home or land which does not conform to the use regulations of this Unified Development Ordinance for the district in which it is located, either at the effective date of this Unified Development Ordinance or as a result of subsequent amendments which may be incorporated into this Unified Development Ordinance.
NUISANCE.
Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
NURSING HOME.
A facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A
NURSING HOME
is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities and obstetrical facilities. A
NURSING HOME
provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
OFFICIAL MAPS OR PLANS.
Any maps or plans officially adopted by the Board of Commissioners.
OPEN SPACE.
An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment in its unaltered state.
OUT BUILDING.
An attached or detached building on a single family lot, can be used as a workshop or office as a home occupation.
PARKING LOT.
An area or plot of land used for the parking of vehicles.
PARKING SPACE.
A storage space of not less than 200 square feet in area and ten feet by 20 feet in size for one automobile, plus the necessary access space.
PATIO HOME.
A single-family detached or semi-detached unit built on a small lot which may be enclosed by walls which provide privacy.
PERMANENT COMMON OPEN SPACE. Any land held and developed as permanent open space or any land dedicated to the public as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas held in public ownership or covered by an open space easement. Golf courses may be included in open space designation with appropriate restrictions recorded which restrict in perpetuity the use of such land and facilities for golf course use and are available for all property owners; however, golf courses shall not count towards more than 25% of the required PERMANENT COMMON OPEN SPACE. No plan for a PRD or MIXED USE shall be approved unless such plan provides for PERMANENT COMMON OPEN SPACE equivalent to 25% of the total of the PRD or MIXED USE site under consideration for development.
PERSON.
Any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
PLACE OF ASSEMBLY.
A structure or open area for groups of people to gather for an event or regularly scheduled program.
PLACES OF PUBLIC ASSEMBLY
include, but are not limited to, arenas, lecture halls, banquet facilities and similar facilities.
PLANNED UNIT DEVELOPMENT
or
PLANNED RESIDENTIAL DEVELOPMENT.
Land under unified control to be planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including lands and buildings; developed according to detailed plans that include, but are not limited to, streets, utilities, lots or building sites, and designed with a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of or visitors to the district, but such program will not be provided, operated or maintained at general public expense.
PLANNING BOARD.
The public agency in a community usually empowered to prepare a Comprehensive Plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan.
PREMISES.
A single piece of property as conveyed in a deed or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or group of buildings are to be constructed.
PRINCIPAL RESIDENCE. The domicile where an individual has a true, fixed, permanent home and principal establishment, and to which place, whenever absent, the individual has the intention of returning. A principal residence is the one a person: (1) uses as his/her voting address; and (2) uses as the address on one of the following: his/her federal and state tax returns, military purposes, passport, vehicle registration, insurance policy, driver’s license, bank account, or any other bill or item that requires a response; and (3) occupies for at least 183 days during a calendar year.
PRINCIPALLY ABOVE GROUND.
That at least 51% of the actual cash value of the structure is above ground.
PRIVATE DRIVEWAY.
A roadway serving two or fewer lots, building sites or other division of land and not intended to be public ingress or egress.
PRIVATE STREET.
An undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. § 136-102.6.
PROFESSIONAL SERVICES OFFICE.
A business that offers any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropodists, architects, veterinarians, attorneys at law, physical therapists, life/property insurance agents, real estate agents.
PROPERTY. All real property subject to land use regulation by the town. The term includes any improvements or structures customarily regarded as part of real property.
PUBLIC AGENCY.
An agency of the local, state or federal government.
PUBLIC SAFETY AND/OR NUISANCE.
Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
PUBLIC SEWAGE DISPOSAL SYSTEM.
A system serving two or more dwelling units and approved by the County Health Department or the State Department of Natural Resources and Community Development.
QUASI-JUDICIAL DECISIONS. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
RECREATION AREA OR PARK.
An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various human-made features that accommodate such activities.
RECREATIONAL VEHICLE (RV).
A vehicle, which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck;
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use; and
(5) Is fully licensed and ready for highway use.
RESERVATION.
A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.
RESIDENTIAL CHILD-CARE FACILITY.
A staffed premises with paid or volunteer staff where children receive continuing full-time foster care.
RIPARIAN BUFFER. A landward setback from surface waters.
ROW HOUSE.
An attached residential dwelling unit.
RURAL ROADS.
(1) LOCAL ROAD.
A
LOCAL ROAD
serves primarily to provide access to adjacent land and for travel over relatively short distances.
(2) MAJOR COLLECTOR.
A road which serves major intracounty travel corridors and traffic generators and provides access to the arterial system.
(3) MINOR ARTERIAL.
A rural link in a network joining cities and larger towns and providing intrastate and intercounty service at relatively high overall travel speeds with minimum interference to through movement. This network would primarily serve traffic.
(4) MINOR COLLECTOR.
A road which provides service to small local communities and links locally important traffic generators with their rural hinterland.
(5) PRINCIPAL ARTERIAL.
A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designed as principal arterials.
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.
SEARCH RING.
The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
SETBACK.
The required distance between every structure and the lot lines of the lot on which it is located.
SIGN DEFINITIONS.
(1) ADVERTISING DEVICE OR SIGN.
Any advertising sign, billboard, statuary or poster which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
(2) ANIMATION.
The movement, or optical illusion of movement of any part of the sign. Also included in this definition are signs having chasing action which is the action of a row of lights commonly used to create the appearance of motion. Automatic changeable copy boards are permitted provided that there is no running action to copy and provided that the copy does not change more than once every one minute. No flashing, revolving or intermittent illuminating shall be employed.
(3) BEACON.
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same property as the light source. Also, any light with one or more beams that rotate or move.
(4) DRIVE-THROUGH RESTAURANT MENU BOARD. A freestanding sign listing the menu items for a drive-through eating establishment.
(5) FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols.
(6) MAINTENANCE. For the purposes of this Unified Development Ordinance, the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
(7) MULTI-TENANT DEVELOPMENT. A grouping of lots, parcels or buildings under unified ownership of land or tenancy designed with a common purpose and used primarily for the retail sale of goods and services to the public.
(8) PARAPET. The extension of a false front or a false wall above the roofline.
(9) PENNANT. Any lightweight plastic, fabric or other material, whether containing a message of any kind, suspended from a rope, wire, string or similar material, usually in series, and designed to move in the wind.
(10) PREMISES. A parcel or lot of real property with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map, subdivision map or a parcel
legally created or established pursuant to applicable land use regulations. Out parcels of shopping centers shall be considered on the premises of the shopping center. Multi-unit buildings shall be considered on the premises of a subdivision.
(11) ROOF LINE. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
(12) SHOPPING CENTER. A building, group of buildings or strip mall either connected or freestanding, under unified ownership of land that is designed with common parking, pedestrian movement, ingress and egress, and is used or is intended to be used primarily for the retail sale of goods and services to the public.
(13) SIGN. Includes but is not limited to any flag, streamer, pole or architectural device when it is intended to draw attention to or announce or identify an enterprise.
(14) SIGN, ABANDONED. A sign, other than a billboard or off-premises sign, that advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is in disrepair, and the activity it is promoting is no longer operating, being offered or conducted.
(15) SIGN, ANIMATED. Any sign that utilizes movement, the illusion of movement, change of lighting, change of copy or other means to depict action or create a special effect.
(16) SIGN, AWNING OR CANOPY. Any sign that is a part of or attached to an awning, canopy or other structural protective covering above a door, entrance, window or walkway.
(17) SIGN, BACKLIGHTING OR BACKLIT. Illumination of a sign in which lights are placed within or behind raised opaque letters, thereby casting light upon the background of the letters rather than through the letters.
(18) SIGN, BILLBOARD. One advertising device used to disseminate information concerning a person, place or thing not pertaining to the use of the land upon which it
is located.
(19) SIGN, COLUMN/POLE. A sign supported by one or more columns or poles or other similar support.
(20) SIGN, DOUBLE-FACED. A sign with two faces which are usually parallel, but may be V-shaped.
(21) SIGN, FREESTANDING. A sign supported by a sign structure placed in the ground and which is wholly independent of any building, fence, vehicle or object (other than the sign structure) for support. A FREESTANDING SIGN may contain a sign or signs on one side only or it may be a V-shaped structure or one containing signs back-to-back. A FREESTANDING SIGN STRUCTURE is one sign.
(22) SIGN, GROUND-MOUNTED. A freestanding sign, supported by a contiguous structural base or planter box that is permanently affixed to the ground.
(23) SIGN, HEIGHT OF. The vertical distance measured from the ground to the top of the sign face or sign structure, whichever is greater.
(24) SIGN, IDENTIFICATION. A sign used to display only the name, address, crest or trademark of the business, individual, family, organization or enterprise occupying the premises, the profession of the occupant or the name of the building on which the sign is displayed; or a permanent sign announcing the name of a subdivision, shopping center, tourist home, group housing project, church, school, park or public or quasi-public structure, facility or development and the name of the owners or developers.
(25) SIGN, ILLEGAL. A sign that did not meet the applicable sign regulations and regulations at the time that it was erected, does not meet the current sign restrictions and regulations, or does not qualify as a nonconforming sign.
(26) SIGN, INFORMATIONAL. Any sign that serves solely to provide direction or information to persons using the property, such as entrance, exit, parking or telephone, and that does not include business names, brand names or information regarding product lines.
(27) SIGN, INTERNALLY ILLUMINATED. A sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, the following signs are also categorized as being internally illuminated:
(a) Consist of or contain tubes that are filled with neon or some other gas that glows when an electric current passes through it; and
(b) Are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message.
(28) SIGN, KIOSK. A sign consisting of three to five sides that lists names of businesses located on a property or in a building.
(29) SIGN, MENU BOARD. A permanently mounted structure displaying the bill of fare of a restaurant.
(30) SIGN, MESSAGE BOARD. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. This definition does not include menu and sandwich board signs.
(31) SIGN, NONCONFORMING. Any sign that was legal when established but that does not conform to the requirements set forth herein as of the effective date of this Unified Development Ordinance.
(32) SIGN, OFF-PREMISES. A sign or billboard that identifies or communicates a message related to an activity conducted, a service rendered or a commodity sold, which is not the primary activity, service or commodity provided on the premises where the sign is located.
(33) SIGN, ON-PREMISES. A sign that directs attention to a business commodity, service or establishment conducted, sold or offered on the premises on which the sign is erected.
(34) SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Includes, but is not limited to, signs designed to be transported by means of wheels, runners, casters, trailers or other mobile devices;
signs converted to A-frames or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is regularly and customarily used in the normal day-to-day operations of the business.
(35) SIGN, PROJECTING. A sign attached to a wall and projecting away from that wall more than 12 inches, but not more than five feet.
(36) SIGN, PUBLIC INFORMATION. A sign, erected and maintained by a public agency, which provides the public with information including, but not limited to, speed limit signs, stop signs, city limit signs, street name signs and directional signs. These signs are in no way regulated by this Unified Development Ordinance.
(37) SIGN, ROOF. Any sign erected, constructed or maintained upon or over the roof of a building or extending above the highest wall of the building, and having its principal support on the roof or walls of the building.
(38) SIGN, SANDWICH BOARD. A temporary A-frame or easel sign listing specials of the establishment.
(39) SIGN, SNIPE. An off-premises sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or to other objects
(40) SIGN, STRUCTURE. Any structure that is built to support, supports or has supported a sign.
(41) SIGN, SUBDIVISION. A sign identifying a recognized residential subdivision, condominium complex or residential development.
(42) SIGN, TEMPORARY. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or is intended to remain on the location where it is erected or placed for a period of not more than 15 days prior to and/or following the associated circumstances, situation, or event.
(43) SIGN, WALL. Any sign attached to, or erected against or within the wall of a building or structure, having the exposed face of the sign in a plane parallel to the plane of such wall.
(44) SIGN, WINDOW. Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, sale or service that is placed inside a window, or upon the window panes or glass, and is visible from the exterior of the window. For thepurposes of this Unified Development Ordinance, a sign that rests against a window, a sign that is separated from the window by a bumper pad, or a sign that is placed within two inches of the window through the use of a hanging device, shall also be considered a WINDOW SIGN.
(45) STREAMER. A long, narrow, ribbon-shaped flag or pennant.
SINGLE-FAMILY.
A building containing one dwelling unit only, but may include one separate unit as an accessory use to be occupied only by employees, guests or relatives of the household.
SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
SITE PLAN, MAJOR.
All site plans not meeting the requirements for a minor site plan.
SITE PLAN, MINOR.
Includes the following:
(1) Buildings or additions with an aggregate enclosed square footage of less than 20,000 square feet;
(2) Buildings or additions involving land disturbance of less than one acre;
(3) Multi-family development involving less than ten dwelling units;
(4) Parking lot expansions which comply with this Unified Development Ordinance with no increase in enclosed floor area;
(5) Revisions to landscaping, signage or lighting which comply with the requirements of this Unified Development Ordinance;
(6) Accessory uses which comply with the requirements of this Unified Development Ordinance; and
(7) Site plans which do not require a variance or modification of the requirements of this Unified Development Ordinance, and otherwise comply with this UDO.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a DWELLING UNIT are not sleeping units.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this division (2), the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
SOLID WASTE DISPOSAL FACILITY.
As defined in G.S. § 130A-290(a)(35), any facility involved in the disposal of solid waste.
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.
SPECIFIC TYPE RURAL OR URBAN STREETS.
(1) ALLEY.
A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
(2) CUL-DE-SAC.
A short street having but one end open to traffic and other end being permanently terminated and a vehicular turnaround provided.
(3) FREEWAY, EXPRESSWAY
or
PARKWAY.
Divided multi-lane roadway designed to carry large volumes of traffic at relatively high speeds. A
FREEWAY
is a divided highway providing for continuous flow of vehicles with no direct access to abutting property or streets and with access to selected crossroads provided via connecting ramps. An
EXPRESSWAY
is a divided highway with full or partial control of access and generally with grade separations at major intersections. A
PARKWAY
is a highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of parklike development.
(4) FRONTAGE ROAD.
A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
(5) LOCAL RESIDENTIAL STREET.
Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares or serve major traffic generators, and do not collect traffic from more than 100 dwelling units.
(6) RESIDENTIAL COLLECTOR STREET.
A local access street which serves as a connector street between local residential streets and the thoroughfare system.
RESIDENTIAL COLLECTOR STREETS
typically collect traffic from 100 to 400 dwelling units.
SPOT ZONING. The zoning of a relatively small area of land differently from the way the majority of the surrounding land is zoned. Spot zoning is legal
only if the government establishes that it is reasonable. Reasonableness is determined by considering the size of the area; any special conditions or factors regarding the area; the consistency of the zoning with the land use plan; the degree of change in the zoning; the degree it allows uses different from the surrounding area; and the relative benefits and detriments for the owner, the neighbors, and the surrounding community. The town should consider the following factors in deliberating any potential spot zoning:
(1) The size and nature of the tract. The larger the area of spot zoning the more likely it is to be reasonable. Singling out an individual lot for special zoning treatment is more suspect than creating a zoning district that involves multiple parcels and owners. Special site characteristics, such as topography, availability of utilities, or access to rail or highways, can be important in this analysis.
(2) Compatibility with existing plans. If a clear public policy rationale for the different zoning treatment is set out in the local government’s adopted plans, that evidences a public purpose for the zoning. By contrast, a zoning action that is inconsistent with a plan may indicate special treatment that is contrary to the public interest and thus be unreasonable.
(3) The impact of the zoning decision on the landowner, the immediate neighbors, and the surrounding community. An action that is of great benefit to the owner and only a mild inconvenience for the neighbors may be reasonable, while a zoning decision that significantly harms the neighbors while only modestly benefitting the owner would be unreasonable.
(4) The relationship between the newly allowed uses in a spot rezoning and the previously allowed uses. The degree of difference in the existing surrounding land uses and the proposed new use is also important. The greater the difference in allowed uses, the more likely the rezoning will be found unreasonable. For example, in an area previously zoned for residential uses, allowing slightly higher residential density may be reasonable while allowing industrial uses would be unreasonable.
(5) Ownership. In order to constitute spot zoning, the area to be rezoned must be owned by a single owner.
STANDING. The following persons shall have standing to file an appeal:
(1) Any person meeting any of the following criteria:
(a) Has an ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restrictions, or covenant in the property that is the subject of the decision being appealed.
(b) Has an option or contract to purchase the property that is the subject of the decision being appealed.
(c) Was an applicant before the decision-making board whose decision is being appealed.
(2) Any other person who will suffer special damages as the result of the decision being appealed.
(3) An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.
(4) A town whose decision-making board has made a decision that the council believes improperly grants a variance from or is otherwise inconsistent with the property interpretation of an ordinance adopted by that council.
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
ACTUAL START
means either the first placement of permanent construction of a structure on a site, such as the pouring of 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
ACTUAL START 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.
STREET.
A dedicated and accepted public right-of-way for vehicular traffic (or a private road only if permitted by this Unified Development Ordinance).
STREET LINE.
The line between the street right-of-way and abutting property.
STREET, PRIVATE.
Any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests and the general public.
STRUCTURAL ALTERATIONS.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders except for repair or replacement.
STRUCTURE.
Anything constructed or erected, the use of which requires location in or on the land or attachment to something having a permanent location in or on the land.
SUBDIVIDER.
Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION.
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this part.
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in this Unified Development Ordinance;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors; and
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in this Unified Development Ordinance.
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.
SUBDIVISION, MAJOR.
All subdivisions not meeting the requirements for a minor subdivision.
SUBDIVISION, MINOR.
Includes all subdivisions that do not involve a public street dedication, public easement dedication, dedication of floodplain and open space, or other property dedication; or a subdivision containing ten lots or less.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any ten-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 24% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred; also considered repetitive loss.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any ten-year period for which the cumulative cost equals or exceeds 24% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any correction of existing violations of state or community health, sanitary or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 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 § 91.255.
SUBSTANTIAL MODIFICATION.
The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a
SUBSTANTIAL MODIFICATION
if it meets any one or more of the criteria listed below. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure.
(1) Increasing the existing vertical height of the structure by the greater of:
(a) More than 10%; or
(b) The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(2) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
(a) More than 20 feet; or
(b) More than the width of the wireless support structure at the level of the appurtenance.
(3) Increasing the square footage of the existing equipment compound by more than 25,000 square feet.
TEMPORARY STRUCTURE.
A structure intended to serve a specific event and to be removed upon the completion of that event. This term includes, but is not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms and other impermanent devices, which do not involve grading or land form alteration for installation, and which are not permanently affixed to the ground.
TEMPORARY USE.
An activity or use of land which, having met certain requirements and conditions, may be permitted for a period of limited duration, and which may utilize temporary structures for the duration of the event.
THERAPEUTIC FOSTER HOME.
A family foster home where, in addition to the provision of foster care, foster parents who receive appropriate training provide a child with behavioral health treatment services under the supervision of a county department of social services, an area mental health program ora licensed private agency.
TINY HOUSE. A single-family detached home not exceeding 699 square feet in size (not including loft space) and complies with the North Carolina Building Code, includes container homes. A tiny house on wheels for permanent occupancy (longer than 30 days) is considered a recreational vehicle.
TOURIST HOME/BED AND BREAKFAST.
Any dwelling occupied by the owner or operator in which rooms are rented to guests, for lodging of transients and travelers for compensation, and where food may be served.
TOWN HOUSE.
A single-family attached dwelling in which units share common side walls and are often designed in rows. Yard areas are small and privacy requires careful protection.
TOWN RIGHT-OF-WAY. A right-of-way owned, leased, or operated by the town, including any public street or alley that is not a part of the state highway system.
TOWN UTILITY POLE. A pole owned by the town in the town right-of-way that provides lighting, traffic control, or a similar function.
TRAILER.
Any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time.
TRAILERS
shall include the following.
(1) CAMPING TRAILER.
A folding structure manufactured of metal, wood, canvas, plastic or other materials, or any combination thereof, mounted on wheels and designed for travel, recreation or vacation use.
(2) RECREATIONAL VEHICLE.
A self-propelled vehicle or portable structure mounted on such a vehicle designed as a temporary dwelling for travel, recreation and vacation.
(3) TOW TRAILER.
A structure designed to be hauled by another vehicle and to transport vehicles, boats or freight.
(4) TRAVEL TRAILER.
A vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation or vacation purposes, having a body width ten feet or less or body length 32 feet or less when equipped for road travel.
TWIN HOUSE.
A semi-detached, single family house, which is connected along a common breeze-way to a similar unit. Each structure has only two dwellings.
UDO ADMINISTRATOR.
The person designated by the Board of Commissioners to administer and enforce the provisions of this Unified Development Ordinance.
URBAN STREETS.
(1) LOCAL STREET.
Any link not part of a higher-order urban system which serves primarily to provide direct access to abutting land and access to higher systems.
(2) MAJOR THOROUGHFARES.
Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.
(3) MINOR THOROUGHFARES.
Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property.
USE.
Any continuing or repetitive occupation or activity taking place upon a parcel of land or within a building including, but not limited to, residential, manufacturing, retailing, offices, public services, recreation and educational.
USED FOR.
Includes the phrases arranged for, designed for, intended for and occupied for.
UTILITY POLE. A structure that is designed for and used to carry lines, cables or wires, lighting facilities, or small wireless facilities for telephone, cable television or electricity, lighting, or wireless services.
VARIANCE. Grant of relief from the requirements of this Unified Development Ordinance in accordance with § 91.54(B).
VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in G.S. Chapter 160D-108 or under common law.
WAREHOUSE.
A building where goods are stored before distribution to retailers or kept in reserve.
WATER TOWER.
A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.
WHOLE-HOUSE LODGING. A business engaged in the rental of an entire dwelling unit that provides lodging for pay, for a maximum continuous period of 29 days and does not include serving of food. Whole-house lodging uses are exempt from the definition of family.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:
(1) The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
(2) Wireline backhaul facilities.
(3) Coaxial or fiber-optic cable that is between wireless structures or utility poles or town utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services, using licensed or unlicensed wireless spectrum, including the use of WI-FI, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A new or existing structure, such as a monopole, lattice tower or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a town utility pole is not a WIRELESS SUPPORT STRUCTURE.
YARD.
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.
YARD, FRONT.
A yard across the full width of the lot, extending from the front line of the building to the front line of the lot, including the area of steps, eaves and uncovered porches, but not including the areas of covered porches. See Figure a below.
YARD, REAR.
A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. See Figure b below.
YARD, SIDE.
An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or, where no rear yard is required, to the rear line of the lot. See Figure c below.
ZERO LOT LINE.
A concept commonly used in planned developments where individual commercial buildings or dwellings, are to be sold along with the ground underneath and, perhaps, a small yard or patio area. With
ZERO LOT LINE
the minimum requirements for lot area and yards are not met and construction takes place right up to the lot line.
ZERO LOT LINE HOUSE.
A single family detached unit which, instead of being centered on the lot, is placed against one of the side lot lines.
ZONING.
A police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and conditional uses are established as are regulations governing lot size, building bulk, placement and other development standards. Requirements vary from district to district. but they must be uniform within districts. The Zoning Code consists of two parts: a text and a map.
ZONING MAP AMENDMENT OR REZONING. An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes: (i) the initial application of zoning when land is added to the territorial jurisdiction of the town that has previously adopted zoning regulations; and (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include: (i) the initial adoption of a zoning map by the town; (ii) the repeal of a zoning map and read option of a new zoning map for the entire planning and development regulation jurisdiction; or (iii) updating the zoning map to incorporate amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.
(Ord. eff. 9-6-2012, App. A; Am. Ord. 16-1, passed 4-7-2016; Am. Ord. 19-2, passed 7-12-2018; Am. Ord. 19-11, passed 5-9-2019; Am. Ord. 21-1, passed 9-17-2020)