For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by the section:
Accessory business use - Any use that occurs in conjunction with a principal business use which is subordinate to the primary or majority business activity. (Adopted 8-20-2012)
Accessory dwelling unit - A secondary dwelling unit established on one parcel in conjunction with a principal dwelling unit. Accessory dwelling units shall be subordinate in floor area, bulk, and height to principal dwelling unit. An accessory dwelling unit may be included as part of the principal dwelling unit, attached to the principal dwelling unit by an enclosed walkway, or entirely detached from the principal dwelling unit. (Adopted 10-15-2018)
Accessory equipment structure - A building or cabinet-like structure located adjacent to, or in the immediate vicinity of, a wireless support tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
Accessory use - A use, which is clearly incidental to and customarily, found in connection with the principal use and located on the same lot with such principal use. This shall include such uses as swimming pools, tennis courts, private piers and docks, private boathouses, and garages. (Adopted on 6-16-97)
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 other Dare County ordinances. This definition includes the term administrative determinations.
Administrative hearing - A proceeding used to gather facts to aid in an administrative decision or administrative determination.
Alley - A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.
Alternative tower structure - Clock towers, sculptures, bell steeples, utility poles and similar alternative-design mounting structures that conceal the presence of antennas or WSS.
Antenna - Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
Antenna, stealth - Antenna and related equipment designed to blend into surrounding environment or integrated into the physical structure to which it is attached.
Applicable codes - The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
Application - A request submitted by an applicant to Dare County for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole or wireless support facility.
Average of the Peak - Midway point between the highest point of the roof or peak and the bottom of the eaves. Cupolas and observation towers shall not be used in determining the peak. (Adopted on 11-16-92)
Base station - A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.
Bed and breakfast home - A single-family dwelling that consists of a single dwelling unit, together with the rental of not more than three (3) dwelling rooms on a daily or weekly basis to tourists, vacationers, or other transients; where the provision of meals, if provided at all, is limited to the breakfast meal; and where the bed and breakfast operation is conducted by persons who own and reside within the dwelling unit with the assistance of not more than the equivalent of one (1) full-time employee. (Adopted on 6-17-91)
Bedroom - See sleeping room.
Bedroom equivalent - An area or room other than a designated bedroom where daybeds, sleeper sofas, cots, or other furniture designed for sleeping is located. (Adopted by DCBC on 8-2-99)
Board of Commissioners - Dare County Board of Commissioners.
Bona fide farming - As set forth in G.S. § 106-581.1:
1. The cultivation of soil for the production and harvesting of crops, including but not limited to, grains, fruits, vegetables, sod, ornamental and flowering plants.
2. The planting and production of trees and lumber.
3. Dairying and the raising, management, care and training of livestock, including horses, bees, poultry, and all other animals for individual and public use, consumption, and marketing.
4. Aquaculture as defined in G.S. § 106-758.
5. The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation. This shall include existing or new residences constructed to the North Carolina Building Code situated on the farm occupied by the owner, lessee, or operator of the farm.
6. When performed on the farm, "agriculture", "agricultural", and "farming" also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on a farm, and similar activities incident to the operation of a farm.
7. A public or private grain warehouse or warehouse operation where grain is held ten days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouse consisting of one or more warehouses sections and considered a single delivery point with the capability to receive, load out, weight, dry, and store grain.
8. The production of a non-farm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. § 106-743.2.
Brewery - A facility licensed by the State of North Carolina to produce, manufacture and distribute malt beverages. The total amount of malt beverages produced at a brewery shall not exceed 10,000 barrels annually. (Adopted 7-21-14)
Buffer strip - A device of material or space used to provide sight and sound screening from adjoining properties. The required height and width of the buffer strip and the materials used in its construction vary according to use. Where a buffer strip is required under the provisions of this chapter, the Planning Director shall approve such buffer strip.
Building - Any structure enclosed and isolated by exterior walls and constructed or used for residence, business, industry or other public purposes. The word “building” includes the word “structure.”
Building, accessory - A subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of a principal building on the same lot.
Building height - The vertical distance measured from the lowest finished grade under the approximate center of the structure to the top of the highest roof structure. Cupolas and other similar architectural features are not to be included in the determination of the highest roof structure. Basements shall not be used in the determination of building height and shall be defined as the lowest story of a building located below the natural ground level. All sides shall be located below the natural ground level to qualify as a basement. (Adopted 10-16-2000)
Building permit - An official administrative authorization issued by the local government prior to beginning construction consistent with the provisions of state law.
Building, principal - A building in which is conducted the principal use of the lot on which it is located.
Building setback line - A line parallel to or concentric with the street right-of-way establishing the minimum allowable distance between such right-of-way and the nearest portion of any building, excluding the outermost three feet of any uncovered porches, step, eaves, gutters and similar fixtures.
Certificate of occupancy - Certificate of occupancy for a building or structure issued by the Dare County Building Inspector certifying compliance with the North Carolina Residential and/or Building Code and authorizing occupancy of the building or structure.
Certificate of zoning compliance - A certificate issued by the Dare County Planning Director certifying zoning compliance for any building, structure, land use or special use permit. This is a separate permit than the certificate of occupancy issued by the Building Inspector.
Cluster home development - A residential group development project consisting of more than one residential dwelling on one parcel of land whereby the dwellings are occupied on a long-term basis. Such developments are subject to review and approval according to the provisions of Section 22-31.1 of the Zoning Ordinance. (Adopted 10-15-2018)
Collocation - The placement, installation, maintenance, modification, operation or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities. This term does not include the installation of new utility poles or wireless support structures.
Commercial Child Care Center - Child care arrangement located in a non-residential setting or structure. The total number of children provided care shall be as determined by the guidelines used by the North Carolina Division of Child Development.
Commercial storage yard - An open site that provides space for a fee for the storage of boats and boat trailers; recreational vehicles, travel trailers, and campers; automobiles; utility trailers; contractors’ towable storage trailers, and similar types of vehicles and equipment. This does not include dry-stack storage of boats. (As adopted on 8-15-11)
Communications facility - The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications services.
Communications service provider - A cable operation as defined in 47 U.S.C. § 522(5); a provider of information service as defined in 47 U.S.C. § 153(24); a telecommunications carrier as defined in 47 U.S.C. § 153(53) or a wireless provider.
Conditional zoning - A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
Condominium - Ownership in common with others of a parcel of land and certain parts of a building thereon, which would normally be used by all the occupants, together with individual ownership in fee of a particular dwelling unit in such building.
Determination - A written, binding order regarding an administrative decision.
Developer - A person, including a governmental agency or redevelopment authority, who undertakes development and owns the property to be developed, or who has been authorized to develop the property by the owners.
Development - Any of the following:
1. The construction, erection, altercation, enlargement, renovation, substantial repair, movement to another site, or demolition of a structure.
2. Excavation, grading, filling, clearing, or alteration of land.
3. Subdivision of land.
4. Initiation or substantial change in the use or the intensity of the use of land.
Development approval - A written administrative or quasi-judicial approval made pursuant to this chapter approval that is required to begin development or a specific activity, project, or developmental proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness.
Development regulation - A zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, stormwater control regulation, wireless telecommunication facility regulation, state building code, or any other regulation adopted in accordance with North Carolina General Statutes.
Distributive antenna systems (DAS) - A single network of spatially separated antenna nodes connected to a common source via transport medium that provides wireless service within a geographic area or structure. Distributive antenna systems (DAS) are a stealth form of a wireless system.
Dog agility training facility - A privately-owned facility at which handlers train dogs in agility exercises by use of obstacles courses and other training techniques. Both indoor and outdoor areas may be utilized in the training of the dogs. Participation at the facility is limited by membership and training services are provided by appointment only to members of the dog training facility. No kennel, boarding, or veterinarian services shall be provided at such a training facility. (Adopted 1-22-2013)
Drive-in restaurant or refreshment stand - Any place or premises used for sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
Duplex - A residential dwelling consisting of two units located on one parcel with independent living facilities for one or more persons in each unit including permanent provisions for sleeping, living, eating, cooking, and sanitation. The two units shall be connected or share a common floor to ceiling wall or connected vertically and share a common floor/ceiling. Use of an unenclosed or enclosed walkway to connect two units does not constitute a duplex but would be considered an accessory dwelling unit as defined in this section. (Adopted 10-15-2018)
Dwelling, single-family - A detached building designed for or occupied exclusively by one family.
Dwelling, multiple - A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses.
Dwelling, two-family (duplex) - A detached building divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units contained entirely under one roof and having one dividing partition common to each unit, or having the ceiling structure of the lower unit as the floor structure of the unit above.
Dwelling unit - A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Electronic gaming operations - Any for-profit business enterprise, whether principal or accessory, where persons utilize electronic machines or devices, including but not limited to, computers and gaming terminals, to conduct games of odds or chance, including sweepstakes, and where 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. Such business or enterprises have as a part of its operation the running of one or more games or processes with any of the following characteristics: (1) payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens or similar items entitling or empowering the customer to enter a sweepstakes , and without which time the customer would be unable to enter the sweepstakes; or (2) payment, directly or as an intended addition to the purchase of a product; whereby the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. The term electronic gaming operations includes, but is not limited to cyber-gaming establishments, internet cafes, internet sweepstakes, beach sweepstakes, video sweepstakes or cybercafes, who have a finite pool of winners. This definition does not include any lottery permitted by the State of North Carolina. (Adopted 8-20-12)
Electronic machine or device - A mechanically, electrically- 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 of other mechanism. This section is applicable to an electronic machine or device whether or not:
1. It is server-based.
2. It uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.
3. It utilizes software such that the simulated game influences or determines the wining or value of the prize.
4. It selects prizes from a predetermined finite pool of entries.
5. It utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
6. It predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.
7. It utilizes software to create a game result.
8. It requires a deposit of any money, coin, or token of the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device.
9. It requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device.
10. It requires purchase of a related product.
11. The related product, if any, has legitimate value.
12. It reveals the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded.
13. It determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
14. It is a slot machine or other form of electrical, mechanical, or computer game. (Adopted 8-20-2012)
Eligible facilities request (EFR) - A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not involve a substantial modification.
Equipment compound - An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
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 in this chapter.
Fall zone - The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
Family - One or more persons occupying a single-family dwelling unit; provided that unless all members are related by blood or marriage, no such family shall contain more than five persons.
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 6 resident persons with disabilities. Persons 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)b.
Family Child Care Home - Any child care program or child care arrangement wherein any person not excluded in G.S. § 110-86 (2) provide child care on a regular basis of at least once a week for more than four hours per day for more than two children under the age of 13 years of age and for fewer than six children at any one time, wherever operated and whether or not operated for profit. The four-hour limit applies regardless of the time of day and regardless of whether the same or different children attend. Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment are not included. To determine whether a childcare arrangement is a childcare home, all children shall be counted except for the operator’s own school-aged children and school-aged children who reside at the location of the day care home. Notwithstanding the limitation to five children prescribed above, the childcare home operator may care for three additional school-aged children. (Adopted on 11-5-90)
Floor area - The sum of all floors located with the building envelope (footprint) including the exterior walls, roof overhangs, uncovered decks, stairways, balconies, and storage areas. Parking areas located on the ground floor of a building may be excluded if such areas are not fully enclosed by walls and/or garage doors. (Adopted on 2-1-2016)
Floor area ratio - The gross floor area of a building divided by the total area of the lot expressed as a decimal fraction amount. Wetland areas shall be included in the overall land area for the basis of calculating the total area of the lot. (Adopted on 2-1-2016)
Food establishment - An operation that is conducted in a mobile, stationary, temporary or permanent facility or location and where consumption is on premises or off the premises. (Adopted 3-19-2018)
Food stand - Any food establishment that prepares or serves food and does not provide indoor seating facilities for customers to use while eating or drinking. A permitted food stand may elect to provide tables and not more than eight seats for customers to use while eating and drinking on the premises. Such seating shall be provided in an unenclosed, outdoor area. (Adopted 4-15-2013; amended 3-19-2018)
Guest-room - A room or group of rooms available for rent in a bed and breakfast home that is used or intended for habitation and sleeping but not for cooking or eating purposes. (Adopted on 8-2-99)
Hotel - A commercial establishment that contains multiple guest rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals and/or other services, and which has common or virtual facilities for reservations, on or off-site cleaning services, combined utilities and on-site or virtual management and reception. Any structure constructed according to the North Carolina Residential code is not considered a hotel. (This definition shall not preclude the use of trade names such as “Holiday Inn,” “Travelodge” or similar trade names. The application of the definition shall apply to the nature of the structure and not its trade name.) (Adopted by the DCBC on 5-6-02; Amended 11-15-2021)
Large-scale rezoning - A zoning map amendment that proposes to change the zoning designation of more than 50 properties owned by at least 50 different property owners.
Legislative decision - The adoption, amendment, or repeal of a regulation under this chapter. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of this chapter or the Dare County Code of Ordinances, zoning map amendments or rezonings, and zoning text amendments.
Legislative hearing - A hearing to solicit public comment on a proposed legislative decision. May also be referred to as a public hearing.
Long-term occupancy - A residential dwelling that is occupied and used for residency and housekeeping purposes for a period of 31 days or more. (Adopted 10-15-2018)
Micro wireless facility - A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any no longer than 11 inches.
Mobile food unit - A food establishment or pushcart designed to be readily moved and vend food. (Adopted 3-19-2018)
Motel - A commercial establishment that contains multiple guest rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals and/or other services, and which has common or virtual facilities for reservations, on or off-site cleaning services, combined utilities and on-site or virtual management and reception. Any structure constructed according to the North Carolina Residential code is not considered a motel. Motel guest rooms usually have direct access to a parking area. (This definition shall not preclude the use of trade names such as “Holiday Inn,” Travelodge” or similartrade names. The application of this definition shall apply to the nature of the structure and not its trade name.) (Adopted by the DCBC on 5-6-02; Amended 11-15-2022)
Home occupation - A profession or occupation carried on by a member of a family or a member of a recognized profession residing on the premises; provided, that no merchandise or commodity other than that produced on the premises is sold on the premises; provided, further, that not over twenty-five percent of the total actual floor area of any structure is used for home occupations or professional purposes.
Indoor recreation use - Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following uses:
1. Amusement center, game arcade, laser tag.
2. Billiard and pool halls.
3. Bingo operations.
4. Bowling alleys or centers.
5. Arenas.
6. Dance, martial arts, music studio.
7. Health, fitness or exercise center.
8. Shooting range.
9. Sports centers including batting cages.
10. Motor tracks.
11. Miniature golf course facility.
12. Skating rink.
13. Movie theater or other indoor theater.
14. Indoor swimming pools or aquatic centers.
15. Tennis, racquet ball and other racket courts. (Adopted 3-2-2015)
Landscaping Business - A business that provides lawn and yard maintenance services to off-premise residential and commercial sites. These services shall include mowing, planting, cutting of trees and shrubs, irrigation system installation, and site design work. (As adopted by the DCBC on June 3, 2002)
Large bed and breakfast home - A single family dwelling that consists of a single dwelling unit together with the rental of not more than five guest rooms on a daily or weekly basis to tourists, vacationers, or transients not to exceed a stay of 30 consecutive days. Guest rooms in a large bed and breakfast home shall not be rented on a month-to-month or long-term basis. The provision of meals, if provided at all, is limited to the breakfast meal and the bed and breakfast operation is conducted by persons who own and reside in the dwelling unit with the assistance of not more than the equivalent of one full-time employee. There shall be no cooking facilities allowed in the individual guest rooms. (As adopted on October 17, 2005)
Lot - A parcel of land which fronts on and has ingress and egress by means of a public right-of-way or an approved private street and which is occupied or intended to be occupied by a building or groups of buildings as provided herein with the customary accessories and open spaces. The word “lot” includes the words “plot,” “parcel” or “tract.”
Lot area - The total horizontal area included within lot lines.
Lot, corner - A lot, at least two adjoining sides of which abut for their full lengths on a street provided that the interior angle at the intersection of two such sides is less than one hundred thirty-five degrees.
Lot coverage - That portion of the lot area, expressed as a percentage, that is occupied and obstructed by an improvement or a structure above the ground, including but not limited to buildings, decks, paved parking areas as defined in Section 22-56, private sidewalks of impervious surfaces, paved driveways and roadways as defined in Section 22-56 and any accessory use or structure requiring location on or above the ground. The following exemptions shall be allowed for residential lot coverage calculations:
1. The “wet” or water area of a swimming pool shall be exempt from the lot coverage calculations; however, this exemption for the “wet” or water area of the pool shall not exceed 500 square feet of area. Pool aprons and decking shall be counted as lot coverage.
2. Wooden walkways to ocean or estuarine areas, 6 feet or less in width shall be exempt from the lot coverage calculations. (Adopted by the DCBC on 4/7/03)
Lot, depth - The average distance from the street line of the lot to its rear line, measured in a general direction of the sidelines of the lot.
Lot lines - The line bounding a lot, as follows:
(a) Lot line, front - The line separating such a lot from that street which is designated as the front street on the building permit, certificate of occupancy or subdivision plat.
(b) Lot line, rear - The lot boundary opposite and most distant from the front lot line, in the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than thirty feet long and wholly within the lot.
(c) Lot line, side - Any lot boundary-line not a front line or rear lot line.
Lot width - The width of a lot at the required building setback line, measured at right angles to its depth.
Lot of record - A lot, which is part of a subdivision recorded in the office of the County Register of Deeds, or a lot or parcel described by metes, and bounds, the description of which has been so recorded.
Marina - A business established having frontage on navigable waters which as its principal use provides for hire mooring slips and/or docking facilities for boats and which may also provide accessory services such as boat and related sales, boat repairs, indoor and outdoor storage of boats and marine equipment, setting and mooring, bait and tackle shops, and marine fuel service facilities. Accessory uses include restaurant and food services, retail shops, offices, post offices, and laundry facilities. (As adopted on March 5, 2006)
Medical clinic - A building or structure, or portion thereof, where medical services are provided for outpatients only.
Mobile home (includes double-wide and triple wide homes) - A modular unit built on a chassis, with body width exceeding eight feet or body length exceeding thirty-two feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. A travel trailer is not to be considered as a mobile home.
Mobile Home Park - See Dare County Mobile Home Park Ordinance for definition. (9-19-94)
Modular unit - A factory fabricated, transportable building, designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include pre-fabricated panels, trusses, plumbing trees or other pre-fabricated sub-elements, which are to be incorporated into a structure at the site.
Non-conforming use - A use of a building or land, which does not conform, to the regulations of the district in which such building or land is situated but was lawful before adoption of this chapter.
Oceanfront setback - A line, which is one hundred and fifty feet shoreward from the mean high water line of the Atlantic Ocean.
Open space - An unoccupied space open to the sky.
Open storage - Unroofed storage area, whether fenced or not.
Outdoor recreation activity - Any activity conducted outdoors for the purpose of leisure, relaxation and/or personal enjoyment.
Outdoor recreation activity, accessory - Any activity or improvement designed and used incidental and subordinate to a principal use where access to the activity or improvement is limited to the exclusive use of the patrons of the principal use.
Outdoor recreation activity, commercial - Any conduct or any improvement designed solely for the purpose of facilitating an outdoor recreation activity where fees are collected in exchange for access to the improvement.
Outdoor recreation use - Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominantly outdoors or within outdoor structures. Outdoor recreation includes the following:
1. Drive-in theater.
2. Extreme sports facility such as paintball, BMX or skateboarding.
3. Dog parks.
4. Outdoor batting cages, golf driving ranges, amusement parks, go-cart tracks, miniature golf courses, bumper boats, waterslides and water parks.
5. Golf course.
6. Outdoor theater, arenas or entertainment facility.
7. Riding stables.
8. Petting zoos.
9. Shooting range.
10. Racetracks.
11. Aerial adventure centers including climbing walls, zip lines and rope courses, bungee or trampoline facilities.
12. Fishing pier.
13. Tennis, racquet ball and other racket courts.
14. Swimming pools and aquatic centers. (Adopted 3-2-2015)
Parking space - A vehicular storage space of not less than 10 x 20 feet, plus the necessary access space. It shall always be located outside any dedicated right-of-way.
Planned Unit Development - Deleted from the Zoning Ordinance on September 19, 1994.
Planning and development regulation jurisdiction - The unincorporated portions of Dare County in which Dare County may adopt and apply development regulations.
Planning Board - Dare County Planning Board.
Pre-existing towers and antennas - Any tower or antenna for which a permit was issued prior to June 21, 1999 of these regulations.
Principal business use - The business activity which comprises the primary or majority of the commercial activity that occurs on a site as permitted by Dare County. (Adopted 8-20-2012)
Principal dwelling unit - The primary dwelling unit located on a lot or parcel providing independent living facilities for one or more persons including permanent provisions for sleeping, living, eating, cooking, and sanitation. (Adopted 10-15-2018)
Public building - A building that is designed for use by a government-affiliated, non-profit organization for community and public sector services and activities. This shall include such buildings as federally-owned buildings, state-owned buildings, volunteer rescue buildings, community centers, libraries, recreation centers, and civic centers. Buildings or facilities owned or leased by the County of Dare shall be considered as county-owned or leased facilities and permitted as detailed in each zoning district. (As adopted 5- 16-11)
Quasi-judicial decision - A decision involving gathering facts regarding a specific application of a development regulation that requires discretion when applying the standards of the regulation. Quasi-judicial decisions include, but are not limited to, decisions involving variances, special use permits, and appeals of administrative determinations.
Resident business - A profession or occupation carried on by a member of a family or a member of a recognized profession residing on the premises; provided that merchandise produced on or off the premises may be sold on the premises and up to 1,000 square feet or 40% of the total floor area of the home, whichever is lesser, may be used for the purpose of conducting business.
Residential Child Care Center - A child care arrangement located in a residence in which the provider may care for 6 or more pre-school aged children not to a exceed a maximum of 12 pre-school aged children or a maximum of 15 school-aged children.
Restaurant - Any place or premises where food and beverages are prepared and served to patrons for on-premises consumption. Seating may be located indoors or outdoors. Delivery service and take-out service may also be offered in addition to the on-premises consumption. This term shall not include drive-in restaurant or food stand as defined elsewhere in this appendix. (Adopted 4-15-2013)
Retail Garden Business - A business that provides plants, shrubs, trees, mulch, yard ornaments and other landscaping materials for retail purchase by the general public. (As adopted by the DCBC on 6/3/03)
Sand dune - A rounded hill or ridge of loose, gritty grains of disintegrated rock heaped up by the wind. A sand dune may or may not be covered by vegetation or trees.
Seafood market - A facility where fish and other seafood that has been processed and/or cooked is offered for sale. (As adopted on March 5, 2006)
Search ring - The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
Short-term vacation occupancy - A residential dwelling that is used and/or advertised through online media or any other means of advertising for occupancy for a period of 30 days or less. (Adopted 10-15-2018)
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 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 the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
Site-specific vesting plan - A plan used for the establishment of a zoning vested right. For the purposes of this chapter, a special use permit and a preliminary subdivision plat are determined to constitute site-specific vesting plans.
Skirting area - That area beneath a mobile home from the underside of the floor area to the ground.
Sleeping room - A room designated as sleeping or bedroom on the plans and permit application.
Small wireless facility - A wireless facility that meets both of the following qualifications:
1. Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than 6 cubic feet.
2. All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this subsection, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
Special use permit - 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. The term includes permits previously referred to as conditional use permits or special exceptions.
Street - (a) Any permanently dedicated public right-of-way which has been accepted for maintenance by the state department of transportation; or
(b) Any other open area providing the principal means of access for vehicles or pedestrians from a public right-of-way to a building or use of land and which:
(1) Is at least thirty (30) feet in width; and
(2) Has been approved by the County Commissioners as a street to satisfy the requirements of this chapter; and
(3) Is covenanted by its owner to remain open and unobstructed throughout the life of any building or use which depends thereon to satisfy any requirement of this chapter.
Structure - Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
Substantially commenced (also substantial commencement of work) - A level of work on a project that includes the installation of on-site infrastructure improvements such as stormwater management improvements, parking lot grading, shaping and paving (if applicable), installation of wastewater improvements, and construction of building improvements to the level of a foundation or piling inspection has occurred and been approved by the Dare County Building Inspector. Substantially commenced does not include the issuance of state and/or federal permits for erosion and sedimentation control, stormwater management, CAMA permits, or U.S. Army Corp of Engineers permits.
Substantial modification - The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is considered to be a substantial modification if it meets any one or more of the following criteria:
1. Increasing the existing vertical height of the structure by the greater of (a) more than 10% or (b) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 25 feet.
2. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (a) more than 20 feet or (b) more than the width of the wireless support structure at the level of the appurtenance.
3. Increasing the square footage of the existing equipment component by more than 2,500 square feet.
Sweepstakes - Any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance. (Adopted 8-20-2012)
Tattoo studio - Any establishment or business engaged in the service or practice of dyeing, staining or producing scars in, on or under the living human skin.
(As adopted on 1-16-2009; Amended 5-16-2015)
Tourist home - A residential dwelling unit that offers guest rooms for rent on a daily or weekly basis to tourists, vacationers, or transients not to exceed a stay of 30 consecutive days. The maximum number of guest rooms offered for rent shall not exceed 10 rooms. Meals may be provided in a central kitchen or dining facility and there shall be no cooking facilities allowed in the individual guest rooms. A tourist home may or may not be owner occupied. (As adopted on March 5, 2006)
Tower, guy - A tower design that features supporting cables and wires anchored to the ground surrounding the tower. (Adopted 6-21-1999)
Tower, lattice - Three- or four-legged steel structures typically supporting multiple communications users and services.
Tower, monopole - Single-pole design, with a larger base that narrows in height.
Townhouse - A single-family dwelling on its own individual lot but connected on two sides, by means of a common wall for at least ten feet of its length, to two other single-family dwellings or an end dwelling of a row of such dwellings. No more than six such dwelling units may be attached in a single group.
Trailer - Any of the following:
(a) Travel trailer - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. When factory equipped for the roads, it shall have a body width not exceeding eight feet and a body length not exceeding thirty-two feet.
(b) Pickup coach - A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(c) Motor home - A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
(d) Camping trailer - A folding structure of canvas or other material mounted on wheels and designed for travel, recreation and vacation use.
Trailer park - See Dare County Mobile Home Park Ordinance. (9-19-94)
Use -
(a) Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or
(b) Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
Used; occupied - The words “used” or “occupied”, as applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied.
Utility pole - A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.
Variance - A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces. The establishment or expansion of the use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
Vehicle storage impoundment facility - A facility whereby vehicles are stored on a short-term basis as a result of traffic violations or accidents. Short-term for the purposes of this definition shall mean no longer than 60 consecutive days. (Adopted 1-22-2013)
Vested right - The right to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in Section 22-88 of this chapter, G.S. § 160D-108 or under common law.
Yard - A required open space other than a court, unoccupied and unobstructed by an structure or portion of a structure from thirty inches above the general ground level of the graded lot upward; provided, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this chapter; provided, further, that accessory buildings may be located in any rear or side yard no closer than five feet to any property line and subject to other limitations of this chapter.
(a) Yard, front - A yard extending between side lot lines across the front of a lot adjoining a public street, private street, or accessway. Depth of the required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be essentially parallel.
(b) Yard, rear - A yard extending across the rear of the lot between side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the rear lot line.
(c) Yard, side - A yard extending from the rear line of the required front yard to the rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the side lot line.
Water tower - A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.
Wireless facility - Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following:
1. The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
2. Wireline backhaul facilities.
3. Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
Wireless infrastructure provider - Any person with a certificate to provide telecommunications services in North Carolina who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.
Wireless provider - A wireless infrastructure provider or a wireless service provider.
Wireless services - Any services, using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using wireless facilities.
Wireless services provider - A person who provides wireless services.
Wireless support provider - A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Zoning map amendment or rezoning - An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes (a) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations and (b) the application of an overlay zoning district or a conditional zoning district.
Zoning text amendment - An amendment to a zoning regulation for the purposes of changing the zoning district regulations to add a specific use to a specific zoning district, to add or revise development regulations to include guidelines in a specific zoning district.
(11-20-75, art. 4, 4.01; 9-7-76, 1.)
(Am. Ord. passed 6-21-2021; Am. Ord. passed 11-15-2021)