For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACCESSORY STRUCTURE. A subordinate building or structure which is devoted to an accessory use.
ACCESSORY USE. A use customarily incidental to, or is subordinate to main use of the premises.
APARTMENT. A part of a building consisting of a room or rooms intended, designed or used as a residence by an individual or a single-family.
BAR. Any place devoted to the drinking of malt, vinous or other alcoholic beverages.
BASEMENT. A building story which is partly or wholly underground with more than ½ its height below the average level of the adjoining ground.
BED AND BREAKFAST/INN/TOURIST HOME. A use consisting of a building designed and used as a single-family detached dwelling, consisting of a single-family dwelling unit together with the rental of 1 or more dwelling rooms on a short term basis, usually by the night to tourists or vacationers. The total stay is not normally longer than several nights, and where the provision of meals, if provided at all, is limited to the breakfast meal of overnight guests; and where the bed and breakfast/tourist home operation is conducted by an owner or operator of the facility who physically resides on the premises. A bed and breakfast/tourist home is not a boarding house, lodging house or rooming house.
BOARDING HOUSE, LODGING HOUSE, ROOMING HOUSE. Any dwelling where persons are housed or lodged for hire, with or without meals, where persons desiring temporary residence may be provided with sleeping, sanitary or cooking facilities. A room for hire may be furnished or unfurnished.
BUILDING. Any structure, either permanent or temporary, having a roof and used or built for shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING HEIGHT. The building height shall be the vertical distance between the highest point of any part of a building and the point of measurement as set forth in the Zoning Code.
BUILDING, PRINCIPAL. A building used for the same purpose as the principal use of the lot.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Whenever the front, side or rear portions of a lot abut a street right-of way, setback lines shall be measured from the right-of-way line.
CAMPGROUND. A recreational facility that provides accommodations for tenters, travel trailers, recreational vehicles and other similar units.
CLUB PRIVATE. Associations and organizations of a fraternal or social character not operated or maintained for profit. The term shall not include bars or restaurants or other institutions operated for profit.
CONDITIONAL USE. A use which is permitted in specified zoning districts only after review by the Board of Adjustment and found to meet specific conditions and procedures as set forth in this chapter to maintain the safety and general welfare and orderly development of the community.
CUSTOMER SERVICE AREA. That portion of a restaurant or bar other than the kitchen, storage areas, bar service area, or utility purposes.
DWELLING. A house, apartment, or building designed or used primarily for human habitation, but not including boarding house, lodging house, rooming house, hotel, motel or other structures for transient residents.
DWELLING, MULTIFAMILY. A dwelling containing 3 or more dwelling units.
DWELLING, SINGLE-FAMILY. A dwelling containing 1 dwelling unit.
DWELLING, 2-FAMILY. A dwelling containing 2 dwelling units.
DWELLING UNIT. One or more rooms providing complete living facilities for 1 family, including equipment for cooking or provisions for the same, including a room or rooms for living, sleeping and eating.
EASEMENT. A grant by a property owner of a strip of land for specified purpose and use by the public, a corporation or persons.
FAMILY. A single individual, or a collective body of persons living together on the premises as a separate housekeeping unit in a domestic relationship based on birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, rooming house, club, fraternity or sorority house.
FLOOR AREA. The total gross floor area within interior of the external perimeter walls.
HOME OCCUPATION. Any incidental use conducted on the property must be conducted on and within the dwelling unit and carried on by persons residing in the dwelling unit, which use is incidental and secondary to the use of the dwelling for residential purposes. It shall include any profession or occupation conducted entirely within a dwelling by an immediate family member or an occupant residing on the premises. No merchandise shall be sold or displayed on the premises, and no mechanical equipment shall be installed which is not normally used for domestic or professional purposes. No more than 15% of the total floor space of the dwelling may be used for a home occupation, and only 1 home occupation shall be permitted in 1 dwelling unit. No exterior evidence of the presence of a home occupation shall be allowed other than an exterior sign no larger than 12 inches by 18 inches attached to the exterior of the dwelling. One off-street parking space shall be required in addition to 2 parking spaces required for the dwelling unit.
HOTEL. A building in which sleeping accommodations are offered to the public and access to the sleeping rooms is primarily through an inside lobby.
LONG TERM RENTAL. A rental period of 90 days or longer.
MANUFACTURED HOME. A factory assembled portable housing unit, or a portion thereof, built on a chassis and intended for use as a dwelling unit, and is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for 1 and 2-family dwellings. A MANUFACTURED HOME is designed to be transported on its own chassis and has a measurement of 40 feet or more in length and 8 feet or more in width. A MANUFACTURED HOME shall be construed to remain a manufactured home whether or not wheels, axles, hitches, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. All vehicles which are designated mobile homes by the Uniform Standards Code for Mobile Homes Act shall be considered manufactured homes. A MANUFACTURED HOME shall not be construed to be a travel trailer or other form of recreational vehicle.
MANUFACTURED HOME, CLASS A. A manufactured home constructed after July 1, 1976 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 of not exceeding 4 times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;
(2) The pitch of the roof of the manufactured home has a minimum vertical rise of 2-2/10 feet for each 12 feet of horizontal run (2.2 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(3) All roof structures shall provide an eave projection of no less than 6 inches, which may include a gutter;
(4) 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;
(5) The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;
(6) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the North Carolina Department of Insurance, attached firmly to the primary structure and anchored securely to the ground; and
(7) The moving hitch, wheels and axles, and transporting lights have been removed. It is the intent of these criteria to insure that a Class A Manufactured Home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.
MANUFACTURED HOME, CLASS B. A manufactured home constructed after July 1, 1976 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 meet or exceed criteria (5),(6) and (7) for Class A homes above.
MANUFACTURED HOME, CLASS C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B Manufactured Home.
MANUFACTURED HOME PARK. Any premises where 2 or more manufactured homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for 2 or more manufactured homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of the manufactured home park.
MODULAR HOUSING. A form of manufactured housing that meets the construction standards of the North Carolina Uniform Residential Building Codes for 1 and 2-family dwellings regardless of how the unit or its components are transported to the site.
MOTEL. A building in which sleeping accommodations are offered to the public and access to the sleeping rooms is primarily through from the exterior of the building and parking facilities are near the guests quarters.
NON-CONFORMING STRUCTURE. A structure existing at the effective date of this chapter, or amendments thereto, which does not conform to all of the regulations applicable to the district in which it is located.
NON-CONFORMING USE. The use of land or a structure existing at the effective date of this chapter, or amendments thereto, for any purpose not permitted for a new use in the district in which the land is located.
PACKAGE STORE. A place where alcoholic beverages are sold in containers for consumption off the premises.
PLANNED UNIT DEVELOPMENT (PUD). A development where more than 1 principal building is proposed to be constructed on a single tract, or any multifamily residential complex with 9 or more dwelling units, or any building with a gross floor area of 25,000 square feet or more.
PLOT/LOT. Land occupied or to be occupied by a building or a use. A plot may be a single lot, composed of several lots, or a portion of a lot.
RENTAL. The arranging, contracting or advertising for, or the making available of, the use of a dwelling unit for a finite period of time for any legal consideration. The existence of a financial, business, barter, or other arrangement between the owner of a dwelling and temporary occupant(s) constitutes prima facie evidence of a rental regardless of the legal consideration. Renting does not include the making available of the use of a dwelling unit to family members and/or friends unless any sort of legal consideration is provided to the owner.
RESTAURANT. An establishment where food and beverages are primarily ordered from a menu, prepared and served for pay for consumption on the premises in a completely enclosed room under the roof of the main structure or on an attached patio or deck.
RESTAURANT, FAST FOOD. An establishment where food and beverages are primarily served in disposable containers at a take-out counter or window, whether or not there are seating facilities available on the premises.
SCENIC NATURAL ATTRACTION. A unique natural scenic area developed for commercial recreational purposes containing facilities and services oriented toward scenic and outdoor recreational activities, while remaining compatible with adjacent residential areas. Any development or use which would be detrimental to the natural and ecological beauty of the district is prohibited.
SETBACK. The minimum horizontal distance from a plot line and a building or part of a building.
SHORT TERM RENTAL/TRANSIENT RENTAL. A rental period of less than 90 days.
STORY. A set of rooms on the same floor or level; a floor; or the space between 2 floors.
STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground. STRUCTURE shall not include incidental items such as mailboxes, wheel stops, walkways and the like. The definition of STRUCTURE, however, shall include signs.
USE. The purpose for which land or a structure is designed, arranged, occupied or utilized.
VACATION RENTAL. The short term rental of a residential property located in the LR Low Density Residential District for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return.
VARIANCE. A variance is a relaxation of the terms of the zoning ordinance where the variance will not be contrary to the public interest and where, owing to special conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
ZONING ADMINISTRATOR. An official or person designated by the Chimney Rock Village Council charged with enforcing and administering this chapter.
(2002 Code, Art. I, § 92.00.01) (Ord. passed 10-19-1999; Am. Ord. passed - -; Am. Ord. passed 6-22- 2000; Am. Ord. passed 7-18-2000; Am. Ord. passed 9-21-2004; Am. Ord. passed 11-16-2004)