For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is purely incidental to that of the main building.
ADMINISTRATIVE DECISION. A decision 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.
ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.
BASEMENT. A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A BASEMENT shall be counted as a story for the purpose of height measurements if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, or if used for business purposes, or if used for dwelling purposes by other than a servant of his family.
BEACH CLUBS (PRIVATE COMMUNITY CENTERS). Non-residential, public or private structures that exist to provide club facilities and access to public beach areas and to the Atlantic Ocean. Beach clubs are limited as a use in Caswell Beach subject to provisions set forth in § 153.015(I). Beach clubs shall be limited as set forth herein.
(1) The use and development of private beach clubs or public community centers in areas that are zoned for Residential (R), Conservation, Commercial Recreation District (CR), and Non-Commercial Recreation District (NCR) are prohibited.
(2) A prohibited club:
(a) Is not principally intended to be a structure for use as a residential dwelling unit;
(b) Is principally utilized by non-occupants of the structure;
(c) Typically is not occupied by owner or long-term renter;
(d) Typically is not occupied overnight, but might be in a hybrid arrangement. A residential rental, providing few rooms for overnight guests;
(e) Typically has a large number of day guests;
(f) Typically has a large number of day guests in proportion to the number of overnight guests who may occupy the structure;
(g) The volume of day guests typically (contrasted with occasionally), during active seasonal periods, requires parking for more than six vehicles; and
(h) Requires parking by transient invitees on a regular basis in excess of that needed for residents who might be occupying the structure.
(3) Nothing herein shall be construed to prohibit the rebuilding or refurbishing of existing clubhouses in the Arboretum, Caswell Dunes, Ocean Greens, or the Oak Island Golf Course. Nothing herein shall be construed to prohibit the building of a clubhouse as part of a new or existing planned unit development that is totally within the limits of the town and is specifically designed for exclusive use by planned unit development residential occupants and their guests.
BUILDING. Includes the word structure.
BUILDING, HEIGHT OF. The vertical distance of buildings as measured from the mean of the finished grade along the front of the building to the midpoint between eaves and ridges or the highest point of any architectural design element (to include belfries, cupolas, widow walks, observation decks, steeples, etc.) extending above the ridge for gable, hip and gambrel roofs, or to the highest point of a flat roof, or to the deck line of a mansard roof. The vertical distance shall not exceed the higher of:
(1) Twenty-six feet above the regulatory flood protection elevation; or
(2) Thirty-five feet above the mean elevation. See § 153.029.
BUILT-UPON AREA. That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. BUILT-UPON AREA does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material.
BULK SIZE. The total heated/air conditioned square feet of space in a residential structure.
CELLAR. A story having more than one-half of its height below the average level of the adjoining grounds. A CELLAR shall not be counted as a story for the purposes of height measurements.
DEVELOPMENT. Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, and variances. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A zoning regulation, subdivision regulation, erosion and sedimentation control regulation, flood damage prevention regulation, stormwater control regulation, wireless telecommunication facility regulation, State Building Code enforcement, or any other regulation adopted pursuant to this chapter. All such development regulations shall be adopted by ordinance in accordance with G.S. § 160D-601.
DRIVEWAY. A path for cars, leading from a street or road to a garage, house, and the like.
DWELLING, MULTIPLE. A building or portions thereof used or designed as a residence for two or more families living independently of each other and doing their own cooking therein.
DWELLING, SINGLE FAMILY. A detached permanent building designed for or occupied exclusively by one family. A detached permanent building including one or more heated and/or air conditioned bedrooms, and/or one or more floors above the ground flood and/or plumbing shall be
considered a single family dwelling if it is located in a district zoned for single family. Only one single family dwelling is permitted per lot in a district zoned for single family.
FAMILY. One or more persons occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, guest house, or hotel.
GARAGE, PRIVATE. A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per family housed in the building to which such garage is accessory, whichever is the greater.
GUEST HOUSE. Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging of transients for compensation.
HOME, MANUFACTURED. A structural unit(s) designed and built to be towed on its own chassis, axles and wheels, whether or not axles and/or wheels are removable and/or intended for removal; therefore not requiring permanent foundation due to the presence of chassis or other permanent steel frame, excluding support for leveling and stability; and designed to be capable of serving as a permanent residence, office, classroom, church hall, commercial, or industrial facility. The term MANUFACTURED HOME shall include the term MOBILE HOME. The term MANUFACTURED HOME shall not include the terms travel trailers, motor homes, travel and/or motorized coaches, pick-up coaches, camping trailers, recreational vehicles, pop-up campers, prefabricated and modular structures and/or home.
(1) MANUFACTURED HOME (TYPE I). A single section manufactured home less than 15 feet in width.
(2) MANUFACTURED HOME (TYPE II). A multi-section manufactured home greater than or equal to 15 feet in width. Width for manufactured homes-type 2 shall be determined by mean width when all sections are in a final assembly arrangement.
HOME, MOBILE. A portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
HOME, SECTIONAL. A dwelling made of two or more units factory fabricated and transported to the house site where they are put on a foundation and joined to make a single house.
HOME BUSINESS. Any business for gain or support conducted only by members of a family residing on the premises, provided that no special space is designed or arranged for such business, and provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises. No business shall be permitted that requires parking for individuals in excess of that needed for the immediate residents. Beauty and hair stylists are expressly excluded from this definition. Piano and music lessons may be permitted. See § 153.030.
HOTEL and MOTEL. A building designed for occupancy for transients and having 16 or more rooms or suites of rooms for rent to such transients. Such hotel or motel shall contain an on-site office for the purpose of renting rooms and such other operational functions normal to a hotel or motel. Single rooms shall contain no more than 500 square feet including one bathroom. Suites shall consist of no more than two rooms not to exceed a total of 600 square feet with one bathroom. Suites may consist of two or more units in combination; however, when this is the case, each unit shall be counted separately for density and parking requirements.
LOT. A parcel of land occupied by one main building or use, with its accessories and including the open spaces accessory to it. No area shall be counted as accessory to more than one main building or use, and no area necessary for compliance with the open space requirements for one main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use. A LOT for purposes of this chapter may be composed of one or more legally recorded LOTS or portions thereof, as may be necessary in order to meet the requirements set forth herein. The term LOT includes the word plot or parcel.
(1) LOT, CORNER. A lot or portion of a lot at the junction of and abutting upon two or more streets.
(2) LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
(3) LOT, INTERIOR. A lot other than a corner lot.
(4) LOT, LINES. The lines bounding a lot as defined herein.
(5) LOT, REVERSED CORNER. A corner lot which does not front on the same street as the interior lots on the same side, as distinguished from the same end of the block.
(6) LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
MAP, ZONING MAP, or CASWELL BEACH ZONING MAP. The official zoning map of the town.
MAXIMUM BUILT-UPON AREA. The built-upon area on a lot shall not exceed the area determined by using the percentages in the table in § 153.086, Schedule of Maximum Built-upon Area and Bulk Size.
MODULAR HOME, BUILDING OR STRUCTURE. A factory fabricated building comprised of transportable module unit(s) designed to be incorporated at a building site into a permanent structure for residential use; furthermore, said units shall be only those having no integrated chassis, axle, wheels or other assemblies for the purpose of transport by means of its own integrated components whether or not a separate vehicle is required for towing or otherwise powering the unit in transport; furthermore, the units shall be only those having no integrated means of disassembly for the purpose of transport to a subsequent location for re-use; furthermore, the units shall be only those bearing the official identifying labels, badges, decals, seals and/or other legally mandated insignia required of modular units sold in the State of North Carolina; furthermore, the units shall be only those conforming to state and/or federal requirements regarding design and/or construction; furthermore, the units shall be only those sold new and manufactured by only those persons, corporations, partnerships and/or firms licensed to sell new and/or manufacture modular structures in the State of North Carolina; furthermore, the units shall be only those requiring site-built permanent foundations as required by the building code adopted by the Town of Caswell Beach, North Carolina. The term MODULAR HOME, BUILDING or STRUCTURE shall not include the term MOBILE HOME or MANUFACTURED HOME. The term MODULAR HOME, BUILDING or STRUCTURE, shall include the terms PRE-FABRICATED HOME, BUILDING or STRUCTURE.
NON-CONFORMING, USE. A building or land occupied by a use that does not conform with the use regulations of the district in which it is situated.
PERSON. A firm, association, organization, partnership, corporation, trust and company as well as an individual.
QUASI-JUDICIAL DECISION. 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, and appeals of administrative determinations.
QUASI-JUDICIAL HEARING. An evidentiary 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 this chapter.
SIGNS. Any form of visual publicity, visible from any public highway, directing attention to an individual activity, business, service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints, or other devices erected on an open framework, or attached or otherwise applied to posts, stakes, poles, trees, buildings or other structures or supports.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, the space between such floor and the ceiling next above it.
STORY, ATTIC. Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for storage or habitation. If an attic has seven foot clear height for greater than 50% of the width of the floor below, then the space shall be considered as a story when determining building height.
STREET. A public or private thoroughfare which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or created, the use of which requires more or less permanent location on the ground, or attached to something having more or less permanent location on the ground, provided, however, that fences shall be governed by the regulations established in § 153.057.
THOROUGHFARE. A street or passage through which one can travel excluding driveways.
USED or OCCUPIED as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied.
YARD, FRONT. An open unoccupied space on the same lot with a main building, extending the full width of the lot situated between the front line of the lot and the front line of the building projected to the side of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the front line of the lot. Covered porches, whether enclosed or unenclosed, shall be considered as a part of the main building and shall not project into the required unoccupied space. A FRONT YARD of water front property for purposes of this chapter shall be considered as that part of property facing the first public street parallel to the water front.
YARD, SIDE. An open unoccupied space on the same lot with a main building, situated between the SIDE LINE of the building and the adjacent SIDE LINE of the lot and extending from the rear line of the front yard to the front line of the rear yard. If there be no front yard, the front boundary of the SIDE YARD shall be the front line of the lot and if there be no rear yard, the rear boundary of the SIDE YARD shall be the rear line of the lot.
(Ord. passed 6-8-78; Am. Res. passed 4-10-97; Am. Res. passed 12-13- 07; Am. Res. passed 4-8-10; Am. Res. passed 11-8-12; Am. Ord. 2013- 08-O, passed 5-9-13; Am. Ord. 2014-008-O, passed 11-13-14; Am. Ord. passed - -)