For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING UNIT. A self-contained apartment that is either attached to a single-family home (known as an ACCESSORY APARTMENT) or in a separate structure on a single-family lot (known as an ACCESSORY DWELLING UNIT).
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
AGRICULTURE. The commercial production, storage, processing, marketing, distribution or export of any agronomic, floricultural, horticultural, viticultural, silvicultural or aquacultural crop including, but not limited to, farm products, livestock and livestock, products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products (Source: the "North Carolina Agricultural Finance Act).
ALLEY. A public way, which affords only a secondary, means of access to abutting property and not intended for general traffic circulation.
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.
APARTMENT GARAGE. A part of a garage consisting of a room or rooms intended, designed or used as a residence by an individual or a single family.
ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANIMATION. The movement, or the optical illusion of movement of any part of the sign structure, design or pictorial segment including the movement of any illumination or the flashing, scintillating or varying of light intensity. The automatic changing of all or any part of the facing of a sign shall be considered to be ANIMATION. Also included in this definition are signs having a chasing action which is the action of a row of lights commonly used to create the appearance of action.
ANTENNA. Equipment used for transmitting or receiving radio frequency signals, which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional "whip" antenna. This definition also includes transmission lines between the ground-based equipment and the antenna.
BANNERS, PENNANTS AND BALLOONS. Any animated, rotating, fluttering or nonstationary device made of flexible materials designated to attract attention.
BONA FIDE FARM. All land on which agricultural operations are conducted as the primary use, to include cultivation of crops and the husbandry of livestock.
BUFFER STRIP. Vegetation consisting of evergreen trees or shrubs located along the side and rear lot lines, but along streets shall be set back sufficiently to avoid interference with street right-of-way.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals, or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other open structure, with or without a roof, shall not be deemed to make them one BUILDING.
BUILDING. ACCESSORY. A detached 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.
BUILDING HEIGHT. The distance measured from the highest ground level at the structure foundation to the highest point on the roof.
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. SETBACK LINES shall be measured either from the highway right-of-way or from the centerline of the highway, whichever is greater.
BUSINESS DESIGNATION SIGN. A sign to designate the legal name of the business.
CANDELA. A measure of luminous or light intensity in a certain direction. Useful in determining how much light is shining out of a fixture and in what direction.
COMMUNICATIONS TOWER. A lower, which supports communication (broadcast, receiving or relay) equipment, utilized by commercial, government or other public and quasi-public users. This does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission (FCC).
CONDITIONAL USE. A use of land permitted in a Conditional Use District upon approval by the Town Council as part of the conditional use rezoning process.
DAY NURSERY AND PRIVATE KINDERGARTEN. A use of land and buildings to provide group care for children.
DIFFUSING PANEL (LENS). A translucent material covering the lamps in a luminaire in order to reduce the brightness by distributing the light flux over an extended area.
DIRECT LIGHTING. Lighting involving luminaries that distribute 90 to 100% of the emitted light in the general direction of the surface to the illuminated. The term usually refers to light emitted in a downward direction.
DISTRICT. A section of the town in which zoning regulations are uniform.
DONATION BOX. A box, bin, dumpster, or other enclosed receptacle located outside of an enclosed building used for the collection of donated items. A donation box is considered "unattended" at times when no employee or representative of the sponsoring company or organization is present to accept donations.
DOUBLE FACED SIGN. A sign with two faces, which are usually, but not necessarily, parallel.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families living independently of each other.
DWELLING, MULTI-FAMILY. A building or portion thereof used or deigned as a residence for no more than four families living independently.
EASEMENT. A grant by a property owner of a strip of land for specified purpose and use by the public, a corporation or persons.
ELECTRICAL SIGNS. A self-illuminated sign or sign structure in which the electrical wiring, connections or fixtures are used as part of the sign proper.
ELECTRONIC GAMING OPERATION. Any business enterprise, whether as a primary or an accessory use, where persons utilize electronic machines, including but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes, and where further game credits, cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds, This does not include any lottery approved by the State of North Carolina.
EXEMPT SIGN. Any sign that is specifically listed as exempt from this chapter. The listed exempt signs are not regulated by the terms of this chapter.
EXISTING SIGN. Any sign that was erected or displayed prior to February 17, 2004 when the sign amendment was adopted.
FACADE. The entire building wall, including wall face, parapet fascia, windows, doors, canopy and roof on any complete elevation.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
FAMILY CARE HOME.
A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities.
PERSON WITH DISABILITIES
means a person with a temporary or permanent physical, emotional or mental disability, including but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11).
FIXTURE. An assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing and the attachment parts.
FLAG. Any fabric, banner or bunting containing distinctive colors, patterns, or symbols, used as symbols of a government, political subdivision or other entity.
FLAT SIGN. A sign erected parallel to and extending out not more than 12 inches from the facade of any building to which it is attached and supported throughout its entire length by the facade and not extending above the building.
FLOOD LAMP. A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. These LAMPS are so designated by the manufacturers and are typically used in residential outdoor area lighting.
FLOOD LIGHT. A form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp.
FOOTCANDLE (FC). A quantitative unit measuring the amount of light (illumination) falling onto a given point. One footcandle equals one lumen per square foot.
FREESTANDING SIGN. A sign supported by a sign structure secured in the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure for support.
FRONTAGE. The length of the property on any one premise serving as a public right-of-way line.
FRONTAGE WALL FACE. The building facade, excluding parapet, fascia, soffit, mansard and roof, which face a frontage of the premises.
GAME OF CHANCE. A game whose outcome is strongly influenced by randomizing device, and upon which contestants may or may not wager money or anything of monetary value.
GLARE. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort or loss of visual performance and ability.
GOVERNMENTAL SIGN. Any sign erected by or on the order of an authorized public official in the performance of his or her office or duty including, but not limited to, traffic control signs, street name signs, warning and directional signs, public notice or signs of a similar nature.
GROSS FLOOR AREA. The total floor area of all buildings in a project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate services facilities outside the main building such as boiler rooms and maintenance shops.
GROSS RESIDENTIAL DENSITY. The number of dwelling units proposed to be built divided by the area of the tract being developed.
GROUP CARE FACILITY.
An establishment qualified for a license by the state, which provides resident services to individuals of whom one or more are unrelated. The individuals are handicapped, aged or disabled, are undergoing rehabilitation or extended care, and are provided services to meet their needs. This category includes group homes for all ages, halfway houses and foster and boarding houses, but does not include family care homes.
HID. High intensity discharge lighting is a bulb type including mercury vapor, metal halide, high pressure or low-pressure sodium, which glow when an electric current is passed through a gas mixture inside the bulb.
HOLIDAY/FESTIVE LIGHTING. Lighting that is installed with the intent to operate during a designated temporary period of time where a specific theme or event is a focus of attention.
HOME OCCUPATION. An occupation conducted entirely within a dwelling and carried on by the occupants thereof provided that: the use of the dwelling unit for the home occupation shall me clearly incidental and secondary to the use of the dwelling for residential purposes, and the occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the floor space of the dwelling; there shall be no display, no outside storage, no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation other than signs normally placed in the district; no more than two persons in one residence on the premises, shall be employed in connection with the home occupation; no traffic shall be generated by the home occupation in greater volumes than would normally be excepted in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard; no equipment or process shall be used in the home occupation which creates noise, vibration, glare, odors or electrical interference detectable to the normal senses off the lot; in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
IESNA. The Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications.
ILLUMINANCE. The amount of light falling on a surface-measured in lux or footcandles.
INCIDENTAL SIGN. A sign face, non-illuminated professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored, and other similar accessory information.
INDIVIDUAL WATER SYSTEM. Any well, spring, stream or other source used to supply a dingle connection.
INDIVIDUAL SEWER SYSTEM. Any septic tank, ground absorption system, privy or other facility serving a single source or connection and approved by the County Sanitarian.
INTERNAL REFRACTIVE LENS. A glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. REFRACTIVE refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.
JUNK. Old or scrapped copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof, iron, steel and other scrap ferrous or non-ferrous material.
JUNKYARD. An establishment which is maintained, operated or used for storing, keeping, buying or selling junk regardless of the length of time that junk is stored or kept, or for maintenance or operation of an automobile graveyard, but shall not include garbage dumps on county operated sanitary landfills.
KENNELS. An establishment either offering lodging and boarding facilities for dogs, cats and other domestic pets for a fee or breeding five or more animals. The storage of any number of animals by a governmental control agency shall be considered a KENNEL.
LANDFILL. A site within which is deposited solid waste material, including trash, construction debris, garbage or industrial waste.
LIGHT SOURCE. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
LIGHT TRESPASS. Light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited. This has adverse effects on residents, vehicle operators and pedestrians, the natural environment.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. Any lot for which a plat has been recorded in the Register of Deeds office of Polk County, or described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the front building line.
LUMEN. A quantitative unit used to identify the amount of light emitted by a light source. A lamp is generally rated in lumens.
LUX. A lux is a SI measurement, where one lux is equal to one lumen per square meter.
MAINTAINED FOOTCANDLES. Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.
MEDIUM BASE. The size of lamp socket designed to accept a medium or Edison base lamp.
MOBILE HOME. A portable manufactured housing unit designed for transportation on it 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. As used in this chapter, MOBILE HOME also means a double wide home which is two or more portable manufactured housing units designed for transportation for transportation on their own chassis, which connect on sire for placement on a temporary or semi-permanent foundation, having a measurement of over 32 feet in length and over eight feet in width.
MOBILE HOME PARK. Any premises where two or more mobile homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking spaces for two or more mobile homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of the mobile home park.
NATURAL RECREATION AREA. An area that is intrinsically dark at night where electric lighting should be held to a minimum as designated by the town.
NONCONFORMING SIGN. Any sign that does not conform to the requirements of this chapter.
NONCONFORMING USE. Any parcel of land, use of land, building or structure existing at the time of adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located.
OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used.
OFF-PREMISE SIGN. A sign identifying, advertising or directing the public to a business, merchandise, service, institution, residential area, entertainment or activity which is located, sold, rented, based, produced, manufactured, furnished or taking place at a location other than the property on which the sign is located.
OUTDOOR PERFORMANCE AREA. An area permanently dedicated to the public presentation of music, dance, theater, media arts, storytelling, oratory or other performing arts, whether publicly or privately owned, including but not limited to amphitheaters and similar open or semi-enclosed structures.
OUTDOOR SPORTS FIELD. An area designed for recreation (public or privately owned). These areas include, but are not limited to baseball/softball diamonds, soccer fields, football fields, golf courses, golf driving ranges, tennis courts, racetracks, firearm shooting ranges and swimming pools.
PAINTED WALL SIGN. A sign painted directly on any exterior building wall or door surface, exclusive of windows or door glass areas.
PARAPET. A vertical false front on wall extension above a roof line.
PARKING SPACES. An area for parking a vehicle plus the necessary access space. Parking space(s) shall always be located outside the dedicated street right-of-way and shall be provided with vehicular access to a street or alley.
PARKS. The term park shall include those areas developed either for passive or active recreational activities. The development may include, but shall not be limited to walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters and the like. The term park shall not include zoos, travel-trailer parks, amusement parks or vehicle, equestrian or dog racing facilities.
PERMITTED SIGN. A sign for which a valid permit has been issued.
PERIMETER. The contour of the face of the sign.
PERSON. Any individual, partnership, association, corporation or other entity.
PLANNED UNIT DEVELOPMENT. In this chapter, a planned unit development means a group residential development or a group commercial development where more than one principal building or use is proposed to be constructed on a single tract; or any building with a gross floor area of 25,000 square feet or more; or a residential complex of five or more units with more than one principal building, shall be deemed a PLANNED UNIT DEVELOPMENT (PUD). Residential units within a planned unit development may include single family detached or attached units, town house developments, garden apartments, patio homes, condominiums and other type residential units excluding mobile home and mobile home parks.
POLITICAL SIGN. A sign erected by a political candidate, group or agent thereof for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the town shall vote.
PORTABLE SIGN. A sign generally constructed to be easily movable without a permanent attachment to the ground and which may or may not be equipped with wheels. The signs may be designed for changeable messages.
PROFESSIONAL CAMPUS. Any group of two or more buildings all contained on one lot wherein the use of every building in the lot pertains to the provision of health and medical sciences, education, or governmental administrative services and the corresponding support thereof. One such campus shall only contain buildings shoes uses pertain to only one of the specified allowable uses. (As an example a campus may contain two buildings wherein one is used for pediatric care and the other is used for asthma treatment; however, a campus that contains two buildings wherein one is used for classrooms as a satellite campus for a university or college and the other is used for a governmental department headquarters shall not be allowed).
PUBLIC RIGHT-OF-WAY LINE. The line where the property meets the public right-of-way at a public street or public waterway, provided that this definitions shall not include alleys, easements or other similar dedicated uses.
PUBLIC SEWER SYSTEM. Any sewer system owned and operated by a local government in the county, or other sewage treatment facility serving two or more connections, or any wastewater treatment system having a discharge to surface waters when approved by the Division of Environmental Management of the Department of Natural Resources and Community Development, or ground absorption system serving two or more connections when approved by the County Sanitarian.
PUBLIC WATER SYSTEM. Water systems serving 15 or more residential connections or serving more than 25 year-round residents are classified as public water supplied by State law, and plans and specifications must be approved by the Department of Human Resources, Division of Health Services. Water supply systems serving from two to 14 connections may be regulated by the County Board of Health.
PYLON (POLE) SIGN. A ground mounted sign attached to one or more posts, whose base is greater than 20 inches in diameter and is designed to exceed 30 feet in height.
REAL ESTATE SIGN. A sign erected by the owner, or his or her agent, advertising real property upon which the sign is located for rent, for lease or for sale.
RETAIL BUSINESS. Establishments selling commodities and/or providing services directly to the consumer.
RECREATION USE, NON-PROFIT. An indoor or outdoor recreation facility operated on a non-profit basis, according to the laws of the state.
RECREATION USE, PROFIT. An indoor or outdoor recreation facility operated on a profit basis.
RIGHT-OF-WAY. An interest in land to the county which provides for the perpetual right and privilege of the town, its agents, franchise holders, successors and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, storm water drainage, water supply, cable television, electric power, gas and telephone transmission and related purposes in, upon, over, below and across the rights-of-way.
ROOF. The exterior upper covering of the top of a building.
SEASONAL/HOLIDAY SIGN. A sign used for the celebration of a historic American holiday, which is erected for a limited period of time.
SHOPPING CENTER. A group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaping areas and pedestrian malls or plazas provided on the property as an integral part of the unit.
SIGN. Any form of publicity or advertising which is designed to be visible from any public way, directing attention to an individual business, commodity, service, activity or product by means of words, lettering, numerals, trade names or trademarks, or other pictorial matter designed to convey that information.
SIGN PANEL. The primary surface of a sing that carries the identifying/advertising message.
SPECIAL EVENT SIGN. A sign, which carries a message regarding a special event or function, which is of general interest to the community.
SPECIAL 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 so as to maintain the safety and general welfare of the community.
STREET (ROAD). A right-of-way for vehicular traffic, which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.
SUBDIVISION OR MOBILE HOME PARK ENTRANCE SIGN. An entrance sign which designates the name of a subdivision, or residential district, or of a mobile home park and is located at or near the main entrance.
TEMPORARY LIGHTING. Lighting used for a limited duration, but in no case longer than 30 days.
TEMPORARY SIGN. A sign advertising a special event and not intended to be displayed on a permanent basis.
TEMPORARY STRUCTURE. A moveable structure not designed for long-term human occupancy or for the protection of goods or chattel, and not forming on enclosure, and placed on a parcel of land for a period of time to equal one year or less, unless otherwise noted in this chapter.
TEMPORARY USE. A use that is established with the intent to discontinue the use, and that does not involve the construction or alteration of any permanent structure.
TOWER. Any ground-mounted, pole, spire, structure or combination thereof, including supporting lines, cables, wires braces and masts, to which a telecommunications antenna is attached or affixed.
TOWER, MONOPOLE. Single pole design, approximately three feet in diameter at the base narrowing to approximately one and a half feet at the top, generally ranging from 25 to 150 feet in height.
TOWN. The Town of Columbus.
TRAVEL TRAILER. A vehicle less than 32 feet in length primary designated as a temporary dwelling for travel, recreation or vacation uses.
TRAVEL TRAILER PARK. A parcel of land designated and equipped to accommodate travel trailers and to serve as a campground.
VARIANCE. A use of land or structure, which is prohibited under the literal interpretation of the terms of the zoning ordinance. Only the Board of Adjustment can authorize a VARIANCE, which may be granted in certain hardship situations as defined in the ordinance to enable a property owner to make use of his or her property.
VEHICULAR CANOPY. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business' services.
WALL PACK. A type of light fixture typically flush-mounted on a vertical wall surface.
WIDE-BODY REFRACTIVE GLOBE. A translucent lamp enclosure used with some outdoor fixtures to provide a decorative look (including but not limited to acorn- and carriage light-style fixtures). WIDE-BODY refers to a wider than average size globe (greater than 15.75 inches in diameter). REFRACTIVE refers to the redirection (bending) of the light as it goes through the lens, rendering the light fixture more effective. WIDE-BODY REFRACTIVE GLOBES are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.
YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures for ground to sky except where encroachments and accessory buildings are expressly permitted.
YARD, FRONT. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street or property line and the front line of the building, projected to the side lot lines of the lot.
YARD, REAR. An open, unoccupied space on the same lot with a principal building 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 a principal building, situated between the building and the side lot line and extending from the rear line on the front yard to the front line of the rear yard.
ZONING ADMINISTRATOR. An official or designated person of the Town of Columbus charged with enforcing and administering the zoning ordinance.
(Ord., Art. IV, § 401, passed - -; Am. Ord. 2010-05, passed 7-14-2010; Am. Ord. passed 12-20-2012; Am. Ord. 2015-03, passed 3-26-2015)