Accessory use, accessory structure. A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. Manufactured homes and tractor-trailers are not considered accessory uses or structures.
Adult business. Any business which, as one of its principal business purposes, offers the viewing, selling or rental of sexual materials or performances.
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 local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
Alley. A public thoroughfare, which affords only a secondary means of access to abutting property.
Agricultural industry. Commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial plant production (not retail nurseries), commercial fish or poultry hatcheries, and other similar activities.
Amusement, commercial outdoor. Any business establishment which is primarily engaged in providing an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal use to the general public, but does not include indoor motion picture theaters.
Animal unit. A unit of measurement developed by the United States Environmental Protection Agency that is used to compare different types of animal operations.
Apartment. A room or suite of one (1) or more rooms in a multiple structure intended for use as a residence by a single family.
Automotive repair. A building and its premises used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work. Minor repairs shall be limited to battery and tire changes, light and fuse replacement, wiper blade changes and similar activities. Also referred to as vehicle repair.
Automotive repair, small-scale. A structure or part thereof, other than a private garage, which provides for all aspects of automobile repair, servicing and equipping, with exception of paint and bodywork. The temporary storage of junked motor vehicles, as defined in section 9-3-99(1c and 2a-2c) of this code, is considered accessory to this use with certain conditions. Temporary storage in this context means storage for not longer than thirty (30) days, of only five (5) or fewer such vehicles. See Article F, section 9-3-110b.
Automotive service station (gas, filling station). A building used for the sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building. Also referred to as retail sale of gasoline.
Automotive wrecking yard. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of four (4) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute an automobile wrecking yard.
Bed & breakfast. A use that takes place within a building that, prior to such an establishment, was a single family residence, that consists of renting from one (1) to six (6) dwelling rooms on a daily basis to tourists, vacationers, and business travelers, where the breakfast meal only is provided and is available only to guests. The homeowner shall reside on site and employment shall not exceed two (2) full time employees in addition to the owner(s). Duration of stay may not exceed three (3) weeks.
Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
Billboard. An off-premise sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.
Boarding house. A dwelling unit with up to six (6) rooms for rent to boarders, or designed and intended to be rented to boarders, but which rooms individually or collectively do not constitute separate dwelling units. No separate cooking facilities will be provided for any boarder. A building where, for compensation, lodging and/or meals are provided for not more than ten (10) persons.
Buffer strip. A buffer strip shall consist of a planting strip at least ten (10) feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than ten (10) feet apart and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart and five (5) feet or more in height after one (1) growing season, and said strip shall be planted and maintained in a healthy, growing condition by the property owner. No such buffer strip shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining lot.
Buffer, watershed. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded waters and from the bank of each side of free-flowing streams, river, branches, etc.
Build-to-line. A line extending through a lot which is generally parallel to the front property line and marks the location from which the principal vertical plane of the front building elevation must be erected; intended to create an even building facade line on a street.
Building. An independent enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof designed for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The connection of two (2) buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one (1) building.
Building, accessory. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith. Manufactured homes and tractor-trailers are not considered accessory buildings.
Building face. The dominant structural feature of the elevation of any side of a building. For example, the building face of a two (2) story dwelling with one (1) story porch is the two (2) story elevation of the structure.
Building, height. The vertical distance measured from the average elevation of the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in case of a flat roof; to the average height of the gables in the case of a pitched roof; and to the deck line in the case of a mansard roof.
Building lines. Lines extended from the exterior surface of buildings or structures, or the surfaces of cantilevered projections, parallel to front, side, and rear lot lines, and referred to as front, side, and rear building lines, respectively.
Building, principal. A building in which is conducted the principal use of the lot on which said building is situated. In any residential district any structure containing a dwelling unit shall be defined to be the principal building on the plot on which the same is situated.
Building, setback line. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost five (5) feet of any overhang, uncovered porches, steps, gutters, and similar fixtures, and the related front, rear, or side property or right-of-way line, whichever is closest to the building.
Built-upon area. That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel, recreation facilities, etc., excluding wooden slatted decks and the water area of a swimming pool.
Business, convenience. Commercial establishments designed to attract and to be dependent upon large volumes of stop-and-go traffic, including, but not limited to, all types of convenience stores and fast food restaurants, with or without drive-in windows.
Business, general. Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs of a whole community, including supermarkets, department stores, discount stores, variety stores, hardware and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationery stores, specialty shops, sporting goods stores, furniture and home furnishing stores, automotive supply stores, and appliance stores.
Business, office-type. Quasi-commercial uses that generally accommodate occupations such as administrative, executive, legal, accounting, writing, clerical, and drafting occupations, and including offices of a charitable, philanthropic, religious, or educational nature.
Business, neighborhood. Small scale unified or independent commercial establishments with a per-unit floor area no more than three thousand (3,000) square feet that generally serve the day-to-day commercial needs of a residential neighborhood, including but not limited to: small drugstores, neighborhood gasoline stations, tobacco shops, newsstands, bakeries, confectioneries, delicatessens, food markets, beauty salons, barber shops and child daycare facilities.
Business, wholesale. Commercial establishments that generally sell commodities in large quantities or by the price to retailers, jobbers, other wholesale establishments, or manufacturing establishments, basically for use in the fabrication of a product or for use by a business service.
Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum of one thousand twelve hundred (1,200) square feet.
Church. A structure in which persons regularly assemble for religious worship and which is maintained by a religious body organized to sustain public worship.
Civic, social service, or fraternal organization facility. A building or meeting facility, which is restricted to members and guests of members of a non-profit association or corporation, including accessory uses such as recreational facilities, banquet facilities, and overnight lodging for members, but not including the sale of goods or services to the public on the premises on a regular basis, or commercial outdoor recreational or entertainment activities involving the use of animals or firearms.
Clinic. An organization of professional specialists such as physicians or dentists, who have their offices in a common building. A clinic may include laboratory facilities in conjunction with normal clinic services.
Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential and multi-family developments that do not involve the subdivision of land.
Cluster subdivision. A development design technique that allows the subdivision of land into not more than the number of lots permissible in a conventional subdivision of the same property in the same zone, but where the size of individual lots may be reduced in order to gain land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.
Commercial use. A category of uses that includes retail establishments, offices, professional and personal services, financial services, health care services, indoor motion picture theatres, conference centers, laboratories and associated research facilities whose products or waste products entail no special environmental handling requirements, studios, broadcast facilities (excluding towers), hotels and inns, theatres, restaurants without drive-through windows, bars, and day care facility as a principal use. Each use permitted in the commercial use category shall also meet any applicable conditions set out in Article F, Conditions for Certain Uses. Excluded from the commercial use category are adult businesses; vehicle, boat, or manufactured home sales, service, and repair; drive-through windows as a principal or accessory use; wholesale sales; heavy manufacturing; outdoor storage; outside commercial kennels, and other uses that, by their nature or service characteristics are auto dependent, have potential for environment degradation, or are otherwise incompatible with nearby residential use.
Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.
Custodial care facility. A facility providing custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement, including, without limitation, correctional and post-correctional facilities, juvenile detention facilities, and temporary detention facilities.
Day care center. Day care, as a principal use or an accessory use, provided on a less than twenty-four (24) hour basis for either children or adults, according to the following limiting definitions.
a. Child day care center. An individual, agency, or organization providing supervision or care on a regular basis for children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult; usually serving more than ten (10) children at a time; not an accessory to residential use.
b. Adult day care center. An individual, agency, or organization providing supervision or care on a regular basis for more than six (6) adults in a place other than their usual place of abode, on less than a twenty-four(24) hour basis.
Day care home (small, accessory use). Day care provided on a less than twenty-four (24) hour basis for either children or adults, according to the following limiting definitions.
a. Child day care home (small, accessory use). Supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for up to six (6) children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult.
b. Adult day care home (small, accessory use). Care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for up to six (6) adults who do not reside in the dwelling.
Determination. A written, final, and binding order, requirement, or determination regarding an administrative decision.
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:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land.
Development Approval. An administrative or quasi-judicial approval made pursuant to this Chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. 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 unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this Chapter, or a local act or charter that regulates land use or development.
Discharging landfill. A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
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. For the purposes of this Chapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
Dwelling, multiple or multi-family. A building or portion thereof, containing two (2) or more dwelling units designed for occupancy by two (2) or more families living independently of each other.
Dwelling, single-family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.
Dwelling unit. A building, or portion thereof, designed and arranged, and used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.
a. Detached house. A dwelling unit that is developed with no parti-walls and with open yards on at least three (3) sides, including modular homes, but not including manufactured homes, mobile homes, or recreational or motor vehicles.
b. Duplex house. Two (2) dwelling units, including modular homes, placed one (1) on top of another or attached side by side and sharing one (1) or more common walls.
c. Attached house. Rowhouse, city house, duplex, triplex, or quadriplex houses, generally developed side-by- side for condominium unit sale, or where land is sold with the dwelling unit. Attached dwellings on individually deeded lots are excluded from the definition of (apartment) multi-family dwellings.
d. Apartment house. More than four (4) dwelling units placed one (1) on top of another and/or side-by-side and sharing common walls and common floors and ceilings, and which are located on a single lot of record.
e. Accessory dwelling. A dwelling unit which is located on the same lot as a detached or attached single family house, has a first floor area no greater than six hundred fifty (650) square feet, is owned by the owner of the principal dwelling unit but occupied by another. If the principal dwelling is a group home, use of an accessory dwelling shall not increase the number of residents otherwise permitted in a single group home.
Easement. The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Electronic gaming operations. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines. For the purposes of this section “electronic machine or device” means a mechanically, electronically or electronically operated machine or device, that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsor’s or promoter’s partners, affiliates, subsidiaries or contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a screen or other mechanism. This definition is applicable to an electronic machine or device whether or not:
a. It is server based;
b. It uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
c. It utilizes software such that the simulated games influences or determines the winning or values of the prize;
d. It selects from a finite pool of entries;
e. It utilizes a mechanism that reveals the content of a predetermined sweepstakes entry;
f. It predetermines the prize and result and stores those results for delivery at a time the sweepstakes entry results are revealed;
g. It utilizes software to create a game result;
h. It requires the deposit of any money, coin, or token or the use of any credit card, debit card, prepaid card or any other method of payment to activate the electronic game of device;
i. It requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device;
j. It requires purchase of a related product;
k. The related product, if any, has legitimate value;
l. It reveals the prize incrementally, even though it may not influence if a prize is awarded of the values of any prize is awarded;
m. It determines and associated the prize with an entry or entries at the time the sweepstakes is entered; or
n. It is a slot machine or other form or electrical, mechanical, or computer game.
Elementary and secondary schools. Publicly-owned or privately-owned pre-schools, elementary schools, middle schools, junior high schools, and high schools; but not including institutions the primary function of which is child day care.
Essential services. Publicly or privately owned facilities or systems for the distribution of gas, electricity, steam or water, the collection and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not essential services, provided no transmitter or antenna tower exceeds 180 feet in height. Essential services are divided into three classes:
a. Class 1. Transmission lines (above and below ground) including electrical, natural gas, and water/wastewater distribution lines; pumping stations, lift stations, and telephone switching facilities (up to 200 square feet);
b. Class 2. Elevated water storage tanks;, package treatment plants; telephone switching facilities (over 200 square feet), substations, or other similar facilities used in connection with telephone, electric, steam, and water facilities; raw water treatment facilities; solar and wind energy systems for the production of electricity, notwithstanding any other regulation regarding wind and solar facilities within this Section. Solar energy systems shall adhere to requirements in Article 9-3-109.
c. Class 3. Active generation, production, or treatment facilities such as power plants, not including solar and wind energy systems for production of electricity, and sewage treatment plants.
Existing development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this chapter based on at least one (1) of the following criteria:
a. Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or
b. Having an outstanding valid building permit as authorized by the General Statues (G.S. 160D-102), or
c. Having an approved site specific or phased development plan as authorized by the General Statues (G.S. 160D-102).
Exterior features. The architectural style, general design, and general arrangement of the exterior of a structure, including the kind, texture, and color of building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures, and including the landscaping and natural features of the parcel containing the structure.
Facade. The principal vertical surface of a building which is set along a frontage line. The elevation of a facade is the vertical surface area. Facades are subject to visual definition by building height, setback or build-to-lines, (a line prescribed for the full width of the facade above which the facade sets back; the location of a recess line is determined by the desired height to width ratio of the fronting space or by a desired compatibility with existing buildings), and transition lines (a line prescribed for the full width of the facade expressed by a variation of material or by a limited projection such as a cornice or balcony).
Family. An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons, one (1) or more of whom is not related by blood, marriage, or adoption to the others.
Family care home. A single family home that, in accordance with N.C.G.S. 168-21(1), provides room, board and care for six (6) or fewer handicapped persons in a family environment and is licensed by the North Carolina Department of Health and Human Services. Handicapped persons include those with physical, emotional, or mental disabilities, but not those who have been deemed dangerous to others as defined by N.C.G.S. 122C-3(11)b. As allowed by N.C.G.S. 168-22(a) there shall be a 0.5 mile radius between family care home sites as to not place undue hardship on city and county emergency personnel. The facility shall be properly licensed by the State of North Carolina and notifies the city upon any changes to the permit.
Farm, bona fide. Any tract of land containing at least three (3) acres which is used for dairying or for the raising of agricultural products, forest products, livestock or poultry, and which may include facilities for the sale of such products from the premises where produced. The definition of bona fide farm shall not include agricultural industries.
Financial institution. A use or structure where financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to depository institutions (i.e. banks, credit unions, savings and loans, etc.), non-depository credit institutions (i.e. credit agencies, loan brokers, etc.), holding companies (but not predominantly operating companies), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges.
Floor area, gross. The sum of enclosed areas on all floors of a building or buildings measured from the outside faces of exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and any below-grade floor areas used for access and storage. Not countable as floor area are open terraces, open patios, open atriums, open balconies, open carport garages, and breezeways.
Floor area, ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
Garage, residential detached. A residential accessory building that meets the requirements of Section 9-3-27 and Section 9-3-33 and where the footprint does not exceed seventy-five percent (75%) of the gross floor area of the primary residence, used primarily for the storage of non-commercial motor vehicles and commercial motor vehicles that do not exceed a gross vehicle weight of thirteen thousand five hundred (13,500) pounds.
Government building. A building, use, or facility serving as a governmental agency office, police station, fire station, library, post office, or similar facility, but not including a vehicle storage yard, correctional facility, sanitary landfill, solid waste transfer or disposal facility, wastewater treatment facility, educational or health institution, university, group home, or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.
Hazardous material. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
Home occupation. An accessory use of a dwelling unit for gainful employment that is clearly a customary, incidental and secondary use of a dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
Hotel or motel. A building containing more than four (4) individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services.
Indoor recreation, commercial. Public or private health or exercise clubs, tennis or other racquet courts, swimming pools, or similar uses taxable which are enclosed in buildings and are operated on a fee or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Indoor recreation structures may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
Industrial development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product.
Junked vehicle. Any wrecked or non-operable automobile, truck, or other vehicle which does not bear a current license plate and current state inspection sticker.
Junkyard. The use of any unenclosed portion of a lot or tract for the storage or abandonment of junk, including scrap metals and other scrap material, or dismantling or abandonment of automobiles or other vehicles or machinery, but not including the temporary storage of damaged vehicles in connection with the operation of a repair garage. The deposit or the storage on a lot not in use as a repair garage of one or more wrecked or broken down vehicles titled in the name of the property owner for more than ninety (90) days shall also be deemed a junkyard.
Kennel, commercial. A use or structure intended and used for the breeding or accommodation of small domestic animals for sale or for the training or overnight boarding of animals for persons other than the owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals.
Kennel, private. A structure used for the outdoor accommodation of no more than five (5) small domestic animals and not operated on a commercial basis.
Land development plan. A plan or any portion thereof, adopted by the Claremont Planning Board and City Council, establishing goals, objectives and policies designed to manage the quantity, type, cost, location, timing, and quality of development and redevelopment in the corporate limits and ETJ of Claremont.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A, Article 9 of the North Carolina General Statutes. For the purpose of these rules, this term does not include composting facilities.
Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree.
Legislative Decision. The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of Article 10 of this Chapter.
Legislative Hearing. A hearing to solicit public comment on a proposed legislative decision.
Loading, off-street. Space located outside of any street right-of-way or easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.
Lot. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such access ways, parking area, yards, and open spaces required in these regulations.
Lot, corner. A lot that occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred thirty- five (135) degrees with each other.
Lot, coverage. The percentage of a lot which may be covered with buildings or structures (excluding walks, drives, and other similar uses) and recreational facilities which are accessory to a permitted use (such as swimming pools). Properties within the protected areas as defined by the Water Supply Watershed Protection Act shall include walks, drives, and all other impervious and graveled surfaces in the total lot coverage.
Lot, depth. The mean horizontal distance between front and rear lot lines.
Lot, width. The distance between side lot lines measured at the building line.
Lot of record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded.
Manufactured home. A manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having ameasurement of forty (40) feet or more in length and eight (8) feet or more in width. It shall also comply with the National Mobile Home Construction and Safety Standards adopted by the U.S. Department of Housing and Urban Development. This definition shall also include the term mobile home.
Manufactured home park. Land used or intended to be used, leased or rented for occupancy by two (2) or more manufactured homes which are mounted on wheels, anchored in place by a foundation or other stationary support, to be used for living purposes and accompanied by automobile parking spaces and incidental utility structures and facilities required and provided in connection therewith. This definition shall not include sales lots on which unoccupied manufactured homes are parked for purposes of inspection and/or sale.
Mini-warehouse. A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
Minor watershed variance. A variance that does not qualify as a major variance from the minimum statewide watershed protection rules that results in a relaxation by a factor up to five percent (5%) of any buffer, density, or built-upon requirements under the high density option; or that results in a relaxation, by a factor up to ten percent (10%), of any management requirement under the low density option.
Mixed use. The combination of both commercial and residential uses within a single building of two (2) or more stories, wherein at least fifty percent (50%) of the heated floor area contains residential dwelling unit(s).
Modular home. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Multi-Phase Development. A development containing 25 acres or more that is both of the following: (a) Submitted for development permit approval to occur in more than one phase, (b) Subject to a master development plan with committed elements showing the type and intensity of use if each phase. (G.S. 160D-108(j))
Neighborhood gasoline station. A building and use for the sale of gasoline primarily to non-commercial vehicle operators, having no more than one (1) pumping canopy, with no more than four (4) pumping stations allowing a maximum simultaneous fueling of eight (8) motor vehicles.
Neighborhood recreation. Public or private neighborhood, tennis, or other courts, swimming pools or similar indoor and/or outdoor uses that are operated on a fee or membership basis primarily for the use of persons who reside in the neighborhood that the facility is located. Neighborhood recreation structures shall include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
Non-conforming lot of record. A lot described by a plat or deed that was recorded prior to and lawfully existed prior to the adoption of this chapter, but which does not meet the limitations on size, depth, width, street frontage, or other development requirements of the statewide watershed protection rules for the district in which such lot is located.
Non-conforming use. A building or land lawfully occupied by a use that does not conform to use regulations of the district in which it is situated.
Non-residential development. All development other than residential development, agriculture and silviculture.
Nursing home. A home for the aged or ill persons in which three (3) or more persons not of the same immediate family are provided with food, shelter and care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment.
Office. A building or portion thereof wherein services are performed involving predominately administrative, professional, or clerical operations.
Open space. Any front, side, or rear yards, courts, or usable open space provided around a building in order to meet the requirements of this chapter.
Open storage. The storing, depositing or accumulating (for more than twenty-four (24) hours) of materials, goods, equipment, etc., for any use or sale, within any uncovered area, whether enclosed by a fence, etc., or not.
Parking lot. Any designated area designed for temporary accommodation of motor vehicles of the motoring public in normal operating condition, for a fee or as a service.
Parking space. An area of appropriate dimensions, exclusive of drives, of not less than nine (9) feet by eighteen (18) feet to be used exclusively as a temporary storage space for private motor vehicles.
Planned Unit Development (PUD). A form of development characterized by a unified site design for multiple housing units, clustering of buildings, common spaces, increased density, and a mix of building types and uses. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. The site plan must include two (2) or more principal buildings. Such development shall be based on a plan, which allows for flexibility of design most available under normal district requirements.
Plat. A map or plan of a parcel of land which is to be, or has been, subdivided.
Protected area (PA) or balance of the watershed. Area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five (5) miles upstream of and draining to a water supply reservoir, or to the ridge line of the watershed, whichever comes first; or within ten (10) miles of and draining to a water intake in a stream or river, or to the ridgeline of the watershed, whichever comes first.
Quasi-Judicial 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 this Chapter.
Religious institution. A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as a school, day care center, or dwelling, located on the same lot.
Residential development. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, city houses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc.
Residential care facility. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
Sign. Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.
Single family residential. Any development where: 1) no building contains more than one (1) dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than one (1) dwelling unit.
Site plan. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features for a specific parcel of land.
Solar energy system, small. Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating energy for use onsite. However, the energy output may be delivered to a power grid to offset the cost of energy on site. Small systems will typically generate less than 10 kilowatts per hour (rated l0kW system) and will be an accessory use to a lawful, principle use. Small systems shall be located and situated so glare is not to interfere with traffic on public streets or highways or the reasonable use of neighboring property. Roof mounted small systems shall not extend more than 10 feet from the top of the roof. The total height of the building including the solar collection devices shall comply with the height regulations.
Solar energy system, utility scale (solar farm). Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating energy primarily for use off-site or for resale. Energy generated may be used to serve on site power needs. This will typically be the primary use of a property and generate more than 10 kilowatts per hour (rated l0kW system) of electricity.
Special use permit. A permit granted by the Board of Adjustment after said Board holds a public hearing that authorizes a use which would not generally be appropriate throughout a particular zoning district, but which, if controlled as to number, size, location, or relation to the neighborhood, would promote the public health, safety, and general welfare.
Story. That portion of a building comprised between a floor and a floor or roof next above. The first floor of a two- (2-) or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy. Those stories above the first floor shall be numbered consecutively.
Street (public road, public street, lane, way, terrace, drive). A dedicated and accepted public right-of-way used, or intended to be used, for passage or travel by motor vehicles which affords the principal means of access to abutting properties.
Street, private. Any right-of-way or area set aside to provide vehicular access which is not dedicated or intended to be dedicated to the City of Claremont or the State of North Carolina, and which is not maintained by the City of Claremont or the State of North Carolina.
Structure. Anything constructed or erected the use of which required more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
Structural alterations. Any change, except for repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams, or girders.
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 (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all division 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 these rules:
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 these rules;
2. The division of land into parcels greater than ten (10) 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;
4. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of these rules;
5. The division of a tract into plots or lots used as a cemetery.
Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
Variance, zoning. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
Variance, watershed. A permission to develop or use property granted by the Board of Adjustment or Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter. A watershed variance shall be either major or minor.
Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
Watershed Administrator. An official designated by the City of Claremont responsible for administration and enforcement of Article M. This term shall also include the term Zoning Enforcement Officer.
Yard. A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
Yard, front. An open space on the same lot with a principal building, extending the full width of the lot, and situated between the front property or street right-of-way line and the front line of the building (exclusive of steps) projected to the sidelines of the lot.
Yard, rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot.
Yard, side. An open, unoccupied space on the same lot with the principal building between the side line of the building and the side line of the lot and extending from the front yard line to the rear yard line.
Zoning Enforcement Officer. The City of Claremont official charged with the responsibility of enforcing this chapter. This term shall also include the term Watershed Administrator. This shall also mean the same as Zoning Administrator.
Zoning permit. Permit issued by the Zoning Enforcement Officer indicating proposed use is in compliance with the requirements of this chapter. This term shall also include the term watershed protection permit.