ABUTTING. A property that directly touches another piece of property.
ACCESSORY 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. A subordinate dwelling unit, garage, carport or storage shed are all examples of accessory structures.
ACREAGE, GROSS. Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses, and major transmission lines not included in its measurement.
ACREAGE, NET. Land area excluding streets, rights-of-way, driveways which serve as access to more than two units or uses, and major transmission lines not included in its measurement.
ADJACENT. Property abutting directly on the boundary of, touching, or sharing a common point.
ADMINISTRATIVE DECISION. Pursuant to G.S. § 160D-102, decisions made in the implementation, administration, or enforcement of development regulations that involves the determination of facts and the application of objective standards set forth in G.S. Ch. 160D or local government development regulations. These are sometimes referred to as "administrative determinations."
ADMINISTRATIVE HEARING. Pursuant to G.S. § 160D-102, a proceeding to gather facts needed to make an administrative decision.
ALLEY. A public or private vehicular way providing service access along rear or side property lines of lots which are also served by one of the other listed street types.
ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.
ANTENNA. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, internet, microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the Town's siting, building and permitting authority.
APPLICANT. Any person, firm, or corporation requesting approval of any land-use, development, or improvement application, or similar entitlement regulated by the municipal code.
APPROVAL AUTHORITY. The Town Council, Planning Board, Board of Adjustment or other board or official designated by ordinance or this chapter as being authorized to grant the specific zoning or land use permit or approval that constitutes a site specific development plan.
BUFFER. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically and visually separate one use or property from another in order to mitigate the impacts of noise, light, or other nuisance.
BUFFER, STREAM. An area of natural or planted vegetation surrounding and running parallel to a stream or waterway specifically defined by 15A NCAC 02B.0714.
BUILDING. Pursuant to G.S. § 160D-102, any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING COVERAGE. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools or pool cages, or roof overhangs of less than three feet.
BUILDING SEPARATION. The required separation between any two buildings.
CALIPER. The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers.
CLEARANCE. The shortest distance between two objects that must be maintained clear and free from obstructions or another specific identified object(s).
CO-LOCATION. The use of a wireless telecommunication support facilities by more than one wireless telecommunication provider for the provision of wireless services without increasing the height of the tower or structure.
CONDITIONAL ZONING. Pursuant to G.S. Ch. 160D, a legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONDOMINIUM. A building, group of buildings, or portion thereof, in which units are owned individually, and the structure, common areas, or facilities are owned by all the owners on a proportional, undivided basis. For the purposes of development and use regulation, condominiums are treated as apartments.
CONSTRUCTION. On-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility, or addition thereto, including all related activities, including, but not restricted to, clearing of land, earthmoving, blasting and landscaping.
CROSSWALK. A public pedestrian right-of-way which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
CUL-DE-SAC (COMMERCIAL, RESIDENTIAL). A short street having one end open to traffic and the other permanently terminated by a vehicular turnaround.
DEDICATION. The transfer of ownership without payment or other interest in real property from a private entity to a public agency.
DENSITY. The number of dwelling units permitted per acre of land.
DEVELOPMENT. The construction, erection, alteration, enlargement. renovation, substantial repair, movement to another site, or demolition of any structure. The excavation, grading and filling, clearing, or alteration of land. The subdivision of land as defined in G.S. § 160D-802. 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 G.S. Ch. 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. Ch. 160D including plat approvals, permits issued, development agreements entered into, and building permits issued.
DRIVEWAY. A private roadway located on a parcel or lot used for vehicle access.
DWELLING. Pursuant to G.S. § 160D-102, a building that contains one or more dwelling units used, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
DWELLING UNIT. Pursuant to G.S. § 160D-102, a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT. A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.
ELECTRONIC GAMING OPERATION. Any business or enterprise where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, skill or sweepstakes, and where cash, merchandise or anything else of value is redeemed or otherwise distributed or placed on an account or other record, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. ELECTRONIC GAMING OPERATIONS may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations, cybercafes, business centers, or by whatever other terminology such establishment might be known. ELECTRONIC GAMING OPERATION does not include any lottery approved by the State of North Carolina. This definition does not include video arcade games as defined under § 155.303(A) Indoor Entertainment.
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, pursuant to G.S. § 160D-102.
EXTRATERRITORIAL JURISDICTION (ETJ). An area outside the Town of Clayton’s town limit delineated on the Official Zoning District Map. Pursuant to the North Carolina General Statues, the Town enforces the following regulations within the ETJ: zoning ordinance; subdivision regulations and the North Carolina State Building Code.
FENCE. An enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.
FLOOR AREA, GROSS. The sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed porches. Gross Floor Area also includes all outside storage areas.
FLOOD FRINGE AREA. That area of the floodplain lying outside the floodway but still lying within the area of special flood hazard, that is, within the 100-year floodplain.
FLOODWAY. The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without a significant increase in the base flood elevation.
FOOD TRUCK. A food truck is a mobile food service establishment that prepares and serves food and/or beverages for sale to the general public on a recurring basis from a truck, vehicle-mounted, or vehicle-towed piece of equipment designed to be readily moved.
FRONTAGE, BUILDING. The straight-line length of any building or store which fronts upon a public street, a customer parking area, or pedestrian mall and which has one or more entrances to the main part of the building or store. If specified, this may also apply to the equivalent distance on another lot line, such as side.
FRONTAGE, LOT. The distance for which the front boundary line of the lot and the street line are coincident. If specified, this may also apply to the equivalent distance on another lot line, such as side.
FRONTAGE, STREET. See LOT FRONTAGE. Not to be confused with “Frontage Road”, which is a type of physical street occurring near a thoroughfare.
GREENWAY. A linear, multi-use (pedestrian, bicycle) trail, generally with a finished surface of asphalt or concrete, providing passive and active recreational opportunities. Greenways are built according to the Town of
Clayton Manual of Specifications Standard and Design.
GROUND COVER. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
HAZARDOUS MATERIAL. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.
HOUSEHOLD. A domestic establishment including a member or members of a family or others living under the same roof.
IMPERVIOUS SURFACE. Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation areas.
INFRASTRUCTURE. Streets, water lines, sewers lines and other public facilities necessary to the functioning of a community.
JUNK. Any scrap, waste, worn out, discarded material or debris collected or stored for destruction, disposal or some other use.
LAND DISTURBING ACTIVITY. Any use of land in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin, and is deposited elsewhere.
LANDSCAPE PLAN. A plan associated with a subdivision, land development, or parking facility plan indicating the placement of landscape materials, including specifications, species, quantities, and method of installation.
LANDSCAPING. The area within the boundaries of a given a lot that consists of planting materials, including but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials.
LEGISLATIVE HEARING. Pursuant to G.S. § 160D-102, a hearing to solicit public comment on a proposed legislative decision.
LIVESTOCK. Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to: cattle, riding and draft horses, hogs, sheep, goats, miniature horses, llamas, and alpacas.
LOADING, OFF-STREET. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, materials and merchandise.
LOCAL STREET NETWORK. System of local streets that include commercial streets, collector streets, residential collectors, cul-de sacs, and alleys.
LOT. A portion of a subdivision or other parcel of land, intended as a unit for transfer of ownership or for development or both.
LOT AREA. The horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such lot lines shall be considered front lot lines.
LOT, DOUBLE FRONTAGE. A continuous or through lot of the same depth as the width of a block, and which is accessible from both of the streets upon which it fronts.
LOT, FLAG. A lot that has access to a public right-of-way by means of a narrow strip of land.
LOT, NONCONFORMING. See NONCONFORMING LOT.
LOT OF RECORD. A lot which is part of a subdivision recorded in the Office of the Register of Deeds of Johnston County or Wake County, as appropriate, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. Parcel or lot width shall be measured by the distance between the side lot lines (generally running perpendicular to a street), measured at the rear edge of the street yard along a straight line parallel to the front of the property line or along the chord of the front property line.
MULTI-FAMILY RESIDENTIAL. A building or portion thereof containing 3 or more dwelling units, including condominiums, apartments, and townhomes with shared parking, with varying arrangements of entrances and party walls.
NET ACREAGE, NET GROSS. Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses, and major transmission lines not included in its measurement.
NONCONFORMITY. A condition that occurs when, on the effective date of adoption of this code or a previous ordinance or on the effective date of an ordinance text amendment or rezoning, an existing lot, structure, building, sign, development, or use of an existing lot or structure does not conform to one or more of the regulations currently applicable to the district.
NONCONFORMING LOT (OF RECORD). A recorded lot described by a plat or a deed that does not meet the minimum lot size or other development requirements.
NONCONFORMING SITE ELEMENT. A nonconforming site element is a feature of or on which existed or was lawfully established prior to this chapter being adopted or amended. Site elements include but are not limited to access, parking, pedestrian amenities, landscaping, signage, and lighting.
NONCONFORMING STRUCTURE. A nonconforming structure is a structure that was lawfully established on a property prior to this chapter being adopted or amended, but does not conform with the square footage, density, yard, dimensional, height, lot coverage, or other dimensional or structural provision of this chapter.
NONCONFORMING USE. A nonconforming use is the use of land, buildings, or structures that was lawfully established on a property prior before this chapter was adopted or amended, but does not conform to the use regulations of this chapter.
OUTDOOR STORAGE. The keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period of time exceeding 72 consecutive hours.
OUTPARCEL. An area located within a non-residential development that may share common parking and circulation areas with other buildings or parcels, but is usually situated as its own parcel and is separated from anchor buildings by parking and circulation areas.
OWNER. Any person having charge of any real property according to the records held by the Register of Deeds.
PARCEL. A continuous plot of recorded land in the possession of or owned by any individual or group of individuals.
PARKING LOT. An off-street area used for the storage of motor vehicles on a temporary, daily, or overnight basis.
PARKING SPACE. An off-street area designed to accommodate the parking of one vehicle.
PERVIOUS SURFACE COVERAGE. Ground treatments which will allow the infiltration of water, air and nutrients to root systems of adjacent plant material which lie directly under the ground treatment.
PLANTING AREA. The area within the boundaries of a given a lot consists of planting materials, including but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials.
PLAT. A map or plan of a parcel of land which is to be or which has been subdivided.
QUASI-JUDICIAL DECISION. Pursuant to G.S. § 160D-102, decision involving the findings of fact regarding a specific application of development regulation and that requires the exercise of discretion when applying the standards of the regulation.
RESOURCE CONSERVATION AREA. An area set aside for the conservation of natural, archeological or historic resources.
RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right-of- passage has been recorded for the use of vehicles or pedestrians or both.
ROAD. See STREET.
ROAD, FRONTAGE. A street, parallel and adjacent to a major or minor thoroughfare, which provides access to abutting properties, protection from through traffic, and control of access to the major or minor thoroughfare. Not to be confused with “Street Frontage”, which is a measurement of distance.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SETBACK. A line delineating the minimum allowable distance between the property line or right-of-way line and a building on a lot, within which no building, significant development, or other structure shall be placed except as otherwise provided. Wherever property lines and right-of-way lines both occur, the most restrictive setback distance on the lot shall prevail.
SEWER SYSTEM, PUBLIC. An off-site system for the treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant.
SIGN. Exclusive of architectural features, any words, lettering, figures, numerals, emblems, devices, trademarks, or trade names, or any combination thereof, by which anything is made known and which is designed to attract attention or to convey a message.
SINGLE FAMILY RESIDENTIAL. A single detached dwelling unit located on a single lot with private yards on all four sides. See also “Single Family Detached House”, in § 155.301(D).
SITE. A continuous plot of land to be developed as a single project. A site may contain multiple parcel or lots.
SITE AREA. Site area shall be the total land area of the proposed development. A site may include multiple parcels or lots.
SITE AREA, NET. Net site area shall mean the total gross area of the parcel, minus any resource conservation areas.
SITE ELEMENT, NONCONFORMING. See NONCONFORMING SITE ELEMENT.
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, but not be limited to 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 project and site plan review.
SPECIAL USE. A use that meets the intent and purpose of the zoning district but which requires the review and approval by Town Council to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities that may be generated are mitigated.
SPECIAL USE PERMIT. Pursuant to G.S. § 160D-102, a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards.
STATE. The State of North Carolina.
STORMWATER CONTROL MEASURE (SCM). "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof as defined in 15A NCAC 02H.1002.
STREAM. A body of concentrated flowing water in a natural low area or natural channel on the land surface.
STREAM BUFFER. See BUFFER, STREAM.
STREAM, INTERMITTENT. A watercourse that collects surface runoff and is shown as a dashed blue line on the most recent United States Geologic Survey (USGS) 7½-minute quadrangle topographic maps, is shown as an intermittent stream on the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as an intermittent stream on the Natural Resource Conservation Service (NRCS) maps.
STREAM, PERENNIAL. A watercourse that collects surface runoff and is shown as a solid blue line on the most recent USGS 7½-minute quadrangle topographic maps, is shown as a perennial stream on maps in the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as a perennial stream on the Natural Resource Conservation Service (NRCS) maps.
STREET, COLLECTOR . A street whose principal function is to carry traffic between residential collectors, residential streets, cul de-sacs and major and minor thoroughfares, but that may also provide direct access to abutting properties. It is designed to carry more than 3,500 but less than 6,000 trips per day. Typically, a collector is able to serve, directly or indirectly, between 350 and 600 dwelling units.
STREET, COMMERCIAL. A multi-lane, street connecting to major or minor thoroughfares designed to accommodate large volumes (in excess of 6,000 trips per day) of traffic at moderate speeds while also providing, as a major part of its function, direct access to nonresidential or mixed use high trip generating land uses.
STREET, PRIVATE. Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.
STREET, PUBLIC. A dedicated and accepted public right-of-way for vehicular traffic and access to abutting property.
STREET, RESIDENTIAL. A street whose principal function is to provide access to adjacent properties.
STREET, RESIDENTIAL COLLECTOR. A street which serves as a connector street between residential streets, cul-de-sacs and major and minor thoroughfares. Residential collector streets typically collect traffic from 100 to 400 dwelling units.
STRUCTURE, NONCONFORMING. See NONCONFORMING STRUCTURE.
THOROUGHFARE, MAJOR. Major streets, excluding freeways but not excluding limited access facilities that provide for the expeditious movement of large volumes of traffic within and through the urban area. A street serving the principal network for high volumes of traffic or high speed traffic as shown on the town's Transportation Plan. This street type consists of at least two travel lanes in each direction. A major thoroughfare shall be designated where the anticipated average daily volume exceeds 10,000 vehicles.
THOROUGHFARE, MINOR. Streets that perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Such streets may be used to supplement the major thoroughfare system by facilitating minor through movements and may also serve abutting property. A street designed primarily to collect and distribute traffic between the local street network and major thoroughfares as shown on the town's Transportation Plan. This street type generally consists of more than one travel lane in each direction. A minor thoroughfare shall be designated where the anticipated average daily volume ranges exceeds 6,000 vehicles.
TOWN. The Town of Clayton, North Carolina.
TRANSPORTATION PLAN. A map approved by the Town Council that indicates the system of roads expected to serve major access and travel needs with regard to auto, truck and transit transportation.
USE, NONCONFORMING. See NONCONFORMING USE.
VARIANCE. Permission which is granted by the Board of Adjustment to deviate from zoning requirements when strict enforcement of certain provisions of the Unified Development Code would cause undue hardship because of circumstances unique to the individual property for which the variance is granted.
WATER SUPPLY, PUBLIC. A publically owned system of pipes, structures and facilities through which a water supply is obtained, treated, sold and distributed for human consumption or household use.
WATERSHED. All of the land area draining to a particular point on a water course or to a water body.
YARD, FRONT, (ALSO KNOWN AS STREET YARD). An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the side lines 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 part of the main building and shall not project into a required yard.
YARD, REAR. An open space on the same lot with a main building, unoccupied except as hereinafter permitted, extending the full width of lot and situated between the rear line of lot and the rear line of the building.
YARD, SIDE (INTERIOR), (ALSO KNOWN AS INTERIOR YARD). A side yard located immediately adjacent to another zoning lot or to any alley separating such side yard from another zoning lot.
YARD, SIDE (STREET), (ALSO KNOWN AS STREET SIDE YARD). The area extending between the front yard and the rear yard or rear street yard and situated between the side street lot line and the face of the principal building which is parallel to, or most nearly parallel to, the side lot line.
ZONING DISTRICT. A part, zone, or geographic area within the Town or its Extraterritorial Jurisdiction (ETJ) where certain zoning and development regulations apply.
ZONING VESTED RIGHT. The right to undertake and complete development and use of property under the terms and conditions of an approval secured as specified in G.S. § 160D-108 or under common law.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2009-08-01, passed 8-3-09; Am. Ord. passed 5-21-12; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2017-01-01, passed 1-3-17; Am. Ord. 2017-04-06, passed 4-3-17; Am. Ord. 2021-02-02, passed 2-15-21; Am. Ord. 2022-04-03, passed 4-18-22)