For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.
BEST MANAGEMENT PRACTICES (BMP). A structural or non-structural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
BUFFER. Any natural buffer from the wetland boundary line as defined by the U.S. Army Corps of Engineers or an area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
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 such open structure, with or without a roof, shall not be deemed to make them one BUILDING.
BUILT-UPON AREA. The portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads and recreation facilities of whatever nature. Wooden slatted decks and the water area of a swimming pool are considered pervious.
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is defined as extending one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed, whichever comes first. Local governments may extend the CRITICAL AREA as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the CRITICAL AREA if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on-site and discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.
EXISTING DEVELOPMENT. Those projects that are built on those projects that at a minimum have established a vested right under state zoning law as of the effective date of this chapter, 12-5-1994, based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by G.S. §§ 153A-344.1 and 160A-385.1; or
(3) Having expanded substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by G.S. §§ 153A-344.1 and 160A-385.1.
EXISTING LOT, LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Register of Deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter or as subsequently approved by the appropriate city officials.
FAMILY. One or more persons occupying a single dwelling unit; provided that, unless all members are related by blood or marriage or adoption, no such family shall contain over five persons; but, further provided that, domestic servants employed or living on the premises may be housed on the premises without being counted as a FAMILY.
HAZARDOUS MATERIAL. Any substance listed as such in: the Superfund Amendments and Reauthorization Act (SARA) § 302, Extremely Hazardous Substances, being 42 U.S.C. § 11002; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Hazardous Substances, being 42 U.S.C. §§ 9601 et seq.; or § 311 of the Clean Water Act (CWA) (oil and hazardous substances), being 33 U.S.C. §1321.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with the G.S. Ch. 130A, Art. 9. For the purpose of this chapter, this term does not include composting facilities.
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.
MAJOR VARIANCE. A variance that results in any one or more of the following:
(1) The complete waiver of the management requirement;
(2) The relaxation, by a factor of more than 10% of any management requirements that takes the form of a numerical standard; and/or
(3) The request for increased density or built-upon area.
MINOR VARIANCE. A variance that does not qualify as a major variance.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided according to the city subdivision regulations.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and their associated outbuildings such as garages, storage buildings, gazebos and the like and customary home occupations.
SINGLE-FAMILY RESIDENTIAL. Any development where:
(1) No building contains more than one dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than one dwelling unit.
STREET AND 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.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision, as defined in this chapter.
SUBDIVISION. All divisions of a tract or parcel of land, in addition to the undivided remaining portion of the original undivided tract, into two or more lots, building sites or other divisions for the purpose of sale or building development, whether immediate or future, and includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this part:
(1) The combination or recombination or portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as prescribed by the zoning and subdivision ordinances;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city as prescribed by the zoning and subdivision ordinances;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city as prescribed by the zoning and subdivision ordinances; or
(5) The division of a tract in single ownership whose entire area may be greater than two acres into not more than three lots where:
(a) No street right-of-way dedication is involved;
(b) No utility extension is necessary;
(c) The resultant lots are equal to or exceed the standards of the city as prescribed by the zoning and subdivision ordinances; and
(d) Where, in the opinion of the Planning Director, to require subdivision and plat approval would cause undue hardship and expense to the owner.
TOXIC SUBSTANCE. Any substance or combination of substances, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
VARIANCE. A permission to develop or use property granted by the Watershed Board of Adjustment relaxing or waiving a water supply watershed management requirement adopted by the state’s Environmental Management Commission that is incorporated into this chapter.
WATER-DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER-DEPENDENT STRUCTURES.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).
ZONING ADMINISTRATOR. An official or designated person of the City Council responsible for administration and enforcement of this chapter.
(2005 Code, § 30-1) (Ord. passed 12-5-1994)