(A) Intent. For the purpose of interpreting this chapter, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this chapter shall have their everyday meaning as determined by their dictionary definition.
(B) Interpretation of commonly used terms and words.
(1) Words in the present tense include the future tense.
(2) Words used in the singular number include the plural, and words used in the plural include the singular unless the natural construction of the wording indicates otherwise.
(3) The word “person” includes a firm, association, organization, corporation, trust and company as well as an individual.
(4) The phrase “used for” includes the meaning “designed for”.
(5) The word “structure” includes the word “building”.
(6) The word “lot” includes the words “plot”, “parcel”, or “tract”.
(7) The word “shall” is always mandatory and not merely directory.
(8) The words “map” or “zoning map” refer to the “Official Zoning Map, Town of Franklin”.
(9) The phrase “Planning Director” or “Administrator” refers to the Land Use Administrator of the town or designee thereof, who is the individual charged with the administration of this chapter.
(10)
The phrase “Town Council” refers to the Town Council of the town.
(11) The phrase “Planning Board” refers to the Planning Board of the town.
(12) The phrase “Board of Adjustment” refers to the Board of Adjustment of the town.
(13) The phrase “Planning Department” refers to the Planning Department of the town.
(14) The words “Ordinance”, “Code”, “UDO” and “Unified Development Ordinance” are synonymous and refer to the “Town of Franklin Unified Development Ordinance.”
(C) Definitions of basic terms. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.
ABUT. To reach; to touch. To touch at one end or side of something; to be contiguous; join at a border or boundary; terminate on; end at; border on; reach or touch with an end.
ACCESSORY USE OR STRUCTURE. A structure or a portion of a principal structure or use, which is subordinate to a principal structure or use, on the same lot, and is used for purposes customarily incidental to the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (to an existing building). An extension or increase in the floor area or height of a building or structure.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADULT DAY CARE. Adult day care offers support, services, and supervision to older, frail, or disabled adults who have difficulty taking care of themselves at home, but wish to maintain their independence. Services may include an individual plan of care, skilled nursing care and health education, rehabilitation services, personal care and supervision, social services, recreational therapy, meals, and transportation.
ADULT DAY CARE CENTER. A facility where adult day care is provided for more than six adults in an institutional setting.
ADULT DAY CARE HOME. An individual’s home wherein such individual provides adult day care for no more than six adults.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The term shall not include agricultural industries such as commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial greenhouses, commercial fish or poultry hatcheries, and other similar activities.
ALLEY. A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ANIMAL BOARDING FACILITY. A facility whose primary purpose is the boarding of household pets. This term includes animal kennels, which are commercial establishments where the grooming, boarding, training, and selling of animals may be conducted, and animal shelters, which are typically governmental or nonprofit organizations devoted to the welfare, protection and humane treatment of animals. The term shall not be construed to include facilities where the boarding of animals is an incidental use, such as animal hospitals or clinics and pet stores.
ANIMAL HOSPITALS AND CLINICS. Establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals, boarding services for pets, and grooming. This term does not include outdoor “kennels”.
ASSISTED LIVING FACILITY. An establishment offering housing services for those, such as the elderly, who cannot care for themselves. This term includes uses such as congregate living services assisted living services, continuing care retirement centers, hospice, and skilled nursing services.
ASSISTED LIVING UNIT. A unit occupied by an individual or individuals who are unable to live independently. The unit is part of a facility that provides indoor, conveniently located, shared food preparation service and major dining areas, and common recreation, social, and service facilities for the exclusive use of all residents.
BED AND BREAKFAST FACILITIES. Establishments primarily engaged in providing short-term lodging in facilities known as bed-and-breakfast inns. These establishments provide short-term lodging in private homes or small buildings converted for this purpose. BED AND BREAKFAST establishments are characterized by a highly personalized service and meet the following requirements:
(1) They do not serve food or drink to the general public for pay;
(2) They serve only the breakfast meal, and that meal is served only to overnight guests of the business;
(3) They include the price of breakfast in the room rate; and
(4) They serve as the permanent residence of the owner or the manager of the business.
BOARDING HOUSE. A residential use consisting of at least one dwelling unit together with one or more rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. Notwithstanding the foregoing, the renting out of one or two rooms within a single-family residence may be regarded as an accessory use.
BONA FIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-903.
BREWPUB. An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar and where 40% or more of the beet produced on site is sold on site. Where allowed by law, brewpubs may sell beer “to go” and/or distribute to offsite accounts. A brewpub shall not exceed 1,000 barrels (as barrel is approximately 31 gallons) of beer production per year.
BUILDING. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels, and including tents, lunch wagons, dining cars, trailers, mobile homes, manufactured homes, fences, and similar structures whether stationary or movable. The term BUILDING shall be construed as if followed by the words “or parts thereof.” Each portion of a building separated by division walls from the ground up without openings shall be considered a separate building.
BUILDING, PRINCIPAL. The primary building on a lot or a building that houses a principal use.
BUILDING HEIGHT. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUSINESS SERVICES. Establishments primarily engaged in rendering services to businesses. Examples of services provided include, without limitation, the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and stenography. These establishments may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may also provide a range of support activities, including mailing services, document copying, facsimiles, word processing, onsite PC rental, and office product sales.
CEMETERY. A parcel of land used for interment of the dead in the ground or in mausoleums.
CHARTER. As defined in G.S. 160A-1(2).
CHILD CARE CENTER. An individual, agency, or organization providing supervision or care on a regular basis for children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults. CHILD DAY CARE CENTERS are designed and approved to accommodate seven or more children at a time and are not an accessory to residential use.
CHILD CARE HOME. Supervision or care provided on a regular basis, as an accessory use within a principal residential dwelling unit, by a resident of the dwelling for not more than six children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult.
CITY. As defined in G.S. 160A-1(2).
COMMON SPACE. Common space is intended to shape the design and character of a project through a connecting system of pedestrian areas that create a relationship among the various components of the built environment. It shall be designed to create areas where workers, residents and shoppers, as the case may be, are directly or indirectly invited to gather, browse, sit, interact, or congregate. It shall be arranged as community space with open areas, landscaping, seating facilities, and lighting fixtures which provide for safety and visual effects.
COMMUNITY ASSOCIATION. A homeowners association, condominium association, or similar organization, organized to own, maintain and operate common facilities and to enhance and protect their common interests.
COMPREHENSIVE PLAN. The comprehensive plan, land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development that have been officially adopted by the governing board.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONSTRUCTION TRADES FACILITY. An establishment primarily engaged in construction, including new work, additions, alterations, reconstruction, and repairs. Offices for construction trades which are separate from and do not include construction plants or storage should be classified as offices for purposes of this chapter.
CONVENIENCE STORE. A one story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). It is designed to attract and depends upon a large volume of “stop and go” traffic.
COUNTY. Any one of the counties listed in G.S. § 153A-10.
CIVIC CENTERS AND CULTURAL ARTS FACILITIES. Facilities designed to promote cultural advancement and serve the community. Examples include the following: live theater; dance, or music establishments; art galleries, studios and museums; non-profit civic or fraternal organizations; museums; exhibition or similar facilities; libraries; and community centers, such as the YMCA and YWCA.
DECISION-MAKING BOARD. A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this chapter.
DEDICATION. The reservation for public use of an area of land, usually a strip of land, a street right-of-way or utilities easement, within which there is to be or may be located streets, sidewalks, utility systems and drainage structures, or a lot intended to be used for a public purpose such as a park, playground, or other public facility.
DENSITY. The number of dwelling units per acre of land developed or used for residential purposes.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT.
(1) Unless the context clearly indicates otherwise, the term means any of the following:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(b) The excavation, grading, filling, clearing, or alteration of land.
(c) The subdivision of land as defined in G.S. § 160D-802.
(d) The initiation or substantial change in the use of land or the intensity of use of land.
(2) This definition does not alter the scope of regulatory authority granted by this chapter.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this chapter, or a local act or charter that regulates land use or development.
DWELLING. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. For the purposes of the “Natural Resources and Environmental Protection” subchapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING, ACCESSORY. A dwelling unit designed for occupancy by one or two persons, not exceeding 33% of the size of the main dwelling up to 800 square feet of gross floor space and located on an owner occupied lot with an existing single-family dwelling. No more than one such dwelling shall be situated on any lot. The unit shall be located in accordance with § 152.095.
DWELLING, APARTMENT. A structure of at least three dwelling units.
DWELLING, MULTI-FAMILY. A building arranged to be occupied by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY ATTACHED. A one-family dwelling attached to two or more one-family dwellings by common vertical walls. No dwelling unit may be located above another unit.
DWELLING, SINGLE-FAMILY DETACHED. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
DWELLING, TWO-FAMILY. A building arranged to be occupied by two families living independently of each other, the structure having two dwelling units.
EVERGREEN. A plant which has green foliage throughout the year.
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 adopted under this chapter.
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 six persons, but further provided that domestic servants employed on the premises may be housed in the principal building, not to exceed two domestic servants.
FINANCIAL SERVICES INSTITUTIONS. Establishments that engage in financial transactions that create, liquidate, or change ownership of financial services. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds from these deposits. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, lending and thrift institutions, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies.
FOOD PROCESSING ESTABLISHMENT. A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.
FUNERAL HOMES AND SERVICES. Establishments for preparing the dead for burial or interment and for conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead, and selling caskets and related merchandise).
GOVERNING BOARD. The City Council or Board of County Commissioners. The term is interchangeable with the terms “Board of Aldermen” and “Boards of Commissioners” and shall mean any governing board without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage.
GROUP CARE FACILITIES. A facility that provides resident services to more than six individuals, at least one of whom is unrelated to the others. These individuals are handicapped, aged, or disabled, or are undergoing rehabilitation, and are being provided services in the group care facility to meet their needs. This category includes uses licensed or supervised by any federal, state, or county health/welfare agency, such as group dwellings (all ages), halfway houses, nursing homes, resident schools, resident facilities, and foster or boarding homes.
GROSS FLOOR AREA. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
HOME OCCUPATION. An occupation or profession conducted within a dwelling unit by a residing family member that is incidental to the primary use of the dwelling as a residence. Home occupations are small and quiet businesses which generally cannot be discerned from the frontage, are seldom visited by clients, require little parking, little or no signage, have only one or two employees and provide services such as professional services, music instruction, and hair styling.
HOSPITAL. A health care facility the purpose of which is to provide for care, treatment and testing for physical, emotional, and/or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis. This term does not include group homes.
HOTELS AND MOTELS. Establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are included in this category.
LANDOWNER OR OWNER. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LAND USE ADMINISTRATOR. The official responsible for the overall administration and enforcement of this chapter. The Land Use Administrator may delegate duties under these regulations; however the Land Use Administrator shall remain responsible for their overall administration and enforcement.
LAUNDRY, DRY CLEANING PLANT. A service establishment engaged primarily in high volume laundry and garment services, including, without limitation, carpet and upholstery cleaners, diaper services, dry-cleaning and garment pressing, commercial laundries and linen supply. These facilities may include customer pick-up but do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under this chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of the “Amendments” subchapter.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIVE-WORK UNIT. An attached residential building type with small commercial enterprises on the ground floor and a residential unit above or behind with a common tenant in both spaces. Dual occupancy is not permitted.
LOCAL ACT. As defined in G.S. § 160A-1(2).
LOCAL GOVERNMENT. A city or county.
LOT. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Macon County, or a lot described by metes and bounds, the description of which has been so recorded.
LOT, CORNER. A parcel abutting two or more streets at their intersection. These parcels will have a front yard abutting each street in addition to one side yard and one rear yard.
LOT, INTERIOR. A parcel that is not a corner lot, reverse corner lot, or through lot.
LOT, REVERSE CORNER. A corner lot whose side street line is substantially a continuation of the front line of the lot upon which it rears. These parcels will have a front yard abutting each street, with side yards running along the remaining lot lines.
LOT, THROUGH. A parcel having frontage on two parallel or approximately parallel streets. These parcels will have two side yards and may have a front yard facing either street.
MANUFACTURED HOME OR MOBILE HOME. A struct ure as define d in G.S. § 143-1 45(7).
MANUFACTURED HOME PARK . The location of two or more manufactured homes or manufactured
home spaces on a single parcel of land, or a grouping of two or more manufactured homes on at least two contiguous parcels when such parcels are under common ownership and/or management as a park for the rental of manufactured homes or manufactured home spaces.
MANUFACTURED HOME PARK. The location of two or more manufactured homes or manufactured home spaces on a single parcel of land, or a grouping of two or more manufactured homes on at least two contiguous parcels when such parcels are under common ownership and/or management as a park for the rental of manufactured homes or manufactured home spaces.
MANUFACTURING, HEAVY. A nonresidential use that requires an NPDES permit for an industrial or stormwater discharge or involves the use or storage of any hazardous materials or substances or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. Typically the largest facilities in a community which have complex operations, some of which may be continuous (24 hours a day/seven days per week).
MANUFACTURING, LIGHT. A non-residential use that requires an NPDES permit for an industrial or stormwater discharge or involves the use or storage of any hazardous materials or substances or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. Facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical.
MICROBREWERY. An establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces less than 15,000 barrels (a barrel is approximately 31 gallons) of beer per year. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer.
MINI-WAREHOUSES. A building containing separate enclosed storage spaces the sizes of which may vary, which are leased or rented on an individual basis.
MINOR BOUNDARY LINE ADJUSTMENTS. The placement, deletion or movement of any boundary line in one of the following ways.
(1) The combination or recombination of portions of previously subdivided and recorded lots where the resulting total number of lots is not increased or not greater than four and the resultant lots are equal to or exceed the standards of the municipality as shown in its subdivision regulations.
(2) The public acquisition by purchase of strips of land for the widening or opening of streets for public transportation system corridors.
(3) The division of a residentially zoned tract in single ownership 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 municipality, as shown in its subdivision regulations.
MOBILE FOOD VENDING. Commercial food service sales by a mobile food vendor on a parcel of land outside of right-of-way areas.
MOBILE FOOD VENDOR. An individual person or corporation who owns and operates a vehicle (truck or trailer with a maximum of two axles) that includes a mobile kitchen or similar facility that supports the sale and/or preparation of food and non- alcoholic beverages which is licensed and approved to walk-up customers. Use of the term MOBILE KITCHEN in this chapter will be understood to include mobile kitchens and similar facilities.
MODULAR HOMES. A factory-built dwelling unit, other than a manufactured home, that is labeled as a North Carolina Modular Home and built and set up in accordance with the North Carolina Residential Code, current edition. Such structures include varieties commonly delivered onsite in modules, as well as “on-frame” structures delivered completely pre-assembled.
MOTOR FREIGHT TERMINAL. A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.
MOTOR VEHICLES. All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
NONCONFORMITIES. A lot, structure, use of land, or condition, which existed lawfully and was created in good faith prior to the adoption, revision, or amendment to this chapter, and which conformed to applicable regulations in affect prior to the adoption, revision, or amendment to this chapter in terms of size, area, dimension, location, intensity of use, or other condition, but which now fails to conform to the requirements of this chapter by reason of such adoption, revision, or amendment. NONCONFORMITIES include, but are not limited to, the following:
(1) Non-conforming lots: lots of improper size, shape, or structural density; or lots lacking frontage upon a public street.
(2) Non-conforming structures: structures located within a right-of-way, or that exceed height or setback limitations, or that are located within setback areas, floodways, or stream-side protection areas.
(3) Non-conforming uses of land: industrial activity within residentially zoned areas, hazardous chemical storage in flood-prone areas, open storage in a improperly zoned area.
(4) Non-conforming conditions: insufficient parking, landscaping, or buffering for an otherwise conforming use or structure; cleared vegetation in a stream-side protection area; inadequate storm water control measures.
OPEN SPACE. Area to provide for a predominately pervious land surface providing spaces for landscaping and other visual enhancements, pedestrian circulation and wildlife habitat. The following are not designated open space; vehicular use areas such as drives, parking lots and service areas; and buildings. Pedestrian amenities, both pervious and impervious are permitted in open spaces.
OUTDOOR DISPLAY, RETAIL. The placement of merchandise outside the walls of any enclosed building, which merchandise is advertised for sale, and/or displayed with the intent to entice potential customers onto the premises. The term shall apply only to merchandise which is placed outside temporarily for the purpose of sale or enticement and placed within an enclosed structure while the business is closed. The term shall not apply to types of merchandise which by their nature cannot feasibly be placed within an enclosed structure outside of operational hours, such as automobiles, recreational vehicles, boats, farm equipment, or prefabricated outbuildings or other outdoor structures.
PARKING SPACE. A portion of the vehicular use area set aside for the parking of one vehicle.
PERSON. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
PERSONAL SERVICES. Establishments primarily engaged in providing services generally to individuals, such as dry-cleaning and laundry pick-up facilities, portrait photographic studios, beauty and barber shops, seamstress shops, shoe repair shops, and clothing rental shops.
PLACES OF WORSHIP. Any facility such as a church, temple, monastery, synagogues, or mosque used by a non-profit organization for worship and, if applicable customary related uses such as education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, etc.) and accessory uses such as cemeteries, mausoleums, soup kitchens, and bookstores.
PLANNING BOARD. Any board or commission established pursuant to G.S. § 160D-301.
PLANNED DEVELOPMENT. A residential or commercial development which promotes the efficient and well-planned use of land through unified development while providing the town with open space, compatible uses, optimum service of community facilities and adequate vehicular access and circulation.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area defined in the “Zoning District Dimensional and Use Requirements” subchapter of this chapter within which a city or county may undertake planning and apply the development regulations authorized by this chapter.
PRIVATE CLUB. Any person, firm, corporation or association, key club, bottle club, locker club, pool club or any other kind of club or association having, possessing or requiring membership and excluding the general public from its premises or place of meeting, or congregating, or operating, or exercising control over any other place where persons are permitted to drink alcoholic beverages, consume food, observe entertainment, live or otherwise, play at video, mechanical or electronic games and/or dance, other than in a private home.
PROFESSIONAL SERVICES. Services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others. Such services include, without limitation, the following: legal services; accounting, tax, bookkeeping, and payroll services; architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages and insurance-related services; and medical services such as physician’s and dentist’s offices.
PROPERTY. All real property subject to land-use regulation by a local government. The term includes any improvements or structures customarily regarded as a part of real property.
PUBLIC UTILITY FACILITY. Any structure or facility transmitting a service provided by a government or public utility, including, without limitation, fire stations, emergency medical service centers, telephone and repeater stations, pumping substations, and water towers, but not including telecommunication towers, antennas, and other telecommunication devices.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
RECREATION FACILITIES, INDOOR. Uses or structures for active recreation including, without limitation, gymnasiums, natatoriums, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive of both non-profit and for-profit operations.
RECREATION FACILITIES, OUTDOOR. Parks and other open space used for active or passive recreation such as ball fields, playgrounds, greenway trails, tennis courts, riding stables, campgrounds, and golf courses, and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses, pools, restrooms, and picnic shelters. This definition is inclusive of both non-profit and for-profit operations.
RECREATIONAL VEHICLE (R.V.). A vehicular, portable structure built on a chassis, designed to be used as a temporary residence for travel, recreational and vacation uses, permanently identified as a recreational vehicle by the manufacturers of the unit which either has its own motive power or is mounted on or drawn by another vehicle. The term shall include, but not limited to travel trailer, camper, truck camper or motor home. Recreational vehicles shall not be used as permanent residences.
RECREATION VEHICLE PARK. A parcel, tract, plat or lot, consisting of a minimum of one acre which is designed and improved to accommodate two or more RVs and is permitted as a R.V. Park.
RESTAURANT. A retail business selling ready-to-eat food and/or beverages for on or off-premise consumption. Customers may be served from an ordering counter (i.e. cafeteria or limited service restaurant), at their tables (full-service restaurant), and at exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars).
RETAIL SALES. A use category allowing premises to be available for the commercial sale of merchandise and prepared foods. Such use category does not include manufacturing.
SCHOOL, ELEMENTARY AND SECONDARY. A public or private institution for education or learning which does not include lodging. This term includes any school licensed by the state and that meets the state requirements for elementary and secondary education and also includes any accessory athletic, recreational or other facilities.
SCHOOL, VOCATIONAL/TECHNICAL. A public or private institution for education or learning of a vocational or technical nature which does not include lodging. This term includes any accessory athletic, recreational or other facilities. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification.
SERVICE STATION. An establishment that primarily retails automotive fuels. These establishments may also provide services such as automotive repair, automotive oils, and/or replacement parts and accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. Bays for car washes may also be included.
SETBACK. The distance from the property line or street right-of-way, whichever is closer, to the closest edge of a structure. Where the street right-of-way is not defined, that distance shall start at the edge of the maintained area.
SHELTER FACILITY. A temporary residence operated by a nonprofit organization meeting the needs of citizens temporarily in crisis such as: family violence, natural disaster, fire, economic distress, neighborhood violence, homelessness, and unwed pregnant teens.
SHOOTING RANGE, INDOOR. A public or private facility intended for the discharge of firearms, and constructed to a standard that is at least as stringent as all standards set forth in the National Rifle Association Range Source Book and any applicable federal or state regulations and guidelines, whichever is more stringent.
SHRUB. A woody plant, usually multi-stemmed or well-branched from the base, the branches being retained to the ground. When used for buffer plantings, shrubs must also reach a mature height between four and 15 feet.
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.
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.
STORAGE YARD. The open storage of various materials outside of a structure as a principal use.
STREET. A public street or a street with respect to which an offer of dedication has been made.
STREET, ARTERIAL. A major street in the town’s street system that serves as an avenue for the circulation of traffic onto, out, or around the town and carries high volumes of traffic.
STREET, COLLECTOR. A street whose principal function is to carry traffic between minor, local, and sub-collector streets and arterial streets, but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred dwelling units and is designed to be used or is used to carry more than eight hundred trips per day.
STREET, CUL-DE-SAC. A street that terminates in a vehicular turn-around.
STREET, LOCAL. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten, but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.
STREET, MARGINAL ACCESS. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
STREET, MINOR. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
STREET, SUBCOLLECTOR. A street whose principal function is to provide access to abutting properties, but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.
STRUCTURE. Any walled and roofed building or other physical object, whether temporary or permanent, that is designed for human habitation or to uphold, house, contain, or bear other objects or materials, including but not limited to buildings, manufactured homes, swimming pools, telecommunications towers, and LPG storage tanks.
STUDIO-ART, DANCE, MARTIAL ARTS, MUSIC, ETC. Small facilities which provide individual and/or group instruction and training in the arts, including the martial arts. This term also includes the processing of photographs produced only by users of the studio facilities, yoga and similar instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.
SUBDIVISION. The division of land for the purpose of sale or development as specified in G.S. § 160D-802.
SUBDIVISION, MAJOR. Any subdivision not meeting the definition of a minor subdivision as listed below.
SUBDIVISION, MINOR. The subdivision of five acres or less into five or fewer lots and involving no new public or private streets or roads, right-of-way dedication, easements or utility extensions. Also includes the combination and recombination of existing lots.
SUBDIVISION REGULATION. A subdivision regulation authorized by G.S. 160D, Art. 8.
SURFACE WATER. Any body of water, perennial or intermittent stream (including any “blue line stream” as indicated on a United States Geological Survey Topographical Map), river, brook, wetland as identified by means of the Cowardin wetland classification system or other appropriate classification system as employed by agencies of the Untied States or the State of North Carolina), swamp, pond, lake, branch, creek, reservoir, waterway, or other body or accumulation of water, whether surface or temporarily underground by means of a man-made conveyance, public or private, permanent or intermittent, or natural or artificial, that is contained in, flows through, or borders upon any portion of the Town of Franklin and its extra-territorial jurisdiction.
TASTING ROOM. A facility in which wine products, malt beverages or spirituous liquors that are grown or processed on the owner’s property may be tasted and sold (where permitted by applicable law and regulation). The definition shall also include the following associated uses as permitted: gift/retail sales, assembly areas, meeting rooms, dining and catering facilities, and a restaurant facility, if expressly requested and permitted. The facility must be operated in association with an existing vineyard (bona fide farm), brewery or distillery operation, but need not be located upon the same property as the vineyard, brewery or distillery operation. The facility must obtain all applicable permits, including any required by the Town of Franklin, the Macon County Health Department or any other department of health and North Carolina Alcoholic Beverage Control Commission before beginning operations and must thereafter maintain the same.
TEMPORARY STRUCTURE. A structure intended to serve a specific event and to be removed upon the completion of that event. This term includes, but is not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, and other impermanent devices, which do not involve grading or land form alteration for installation, and which are not permanently affixed to the ground.
TEMPORARY USE. An activity or use of land which, having met certain requirements and conditions, may be permitted for a period of limited duration, and which may utilize “temporary structures” for the duration of the event.
THEATER. A specialized theater for showing movies or motion pictures on a projection screen. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance.
TINY HOUSE. A single-family detached home that is 200 square feet to 600 square feet in size (not including loft space) and complies with the North Carolina State Building Code. A tiny house on wheels for permanent occupancy (longer than 30 days) is considered a recreational vehicle.
TOWER. Any tower or structure, including those erected for the purpose of transmitting or receiving signals (i.e., telephonic, radio, television or microwave), and including the construction of new free-standing facilities or facilities that extend more than 20 feet above the normal height of the building or structure on which they are placed. The following shall not be included in this definition:
(1) Amateur radio facilities with antennas mounted on supporting structures less than 100 feet in height;
(2) Residential antennas for receiving television or AM/FM radio broadcasts;
(3) Residential satellite dishes; and
(4) Commercial or industrial satellite dishes that are less than 20 feet in height.
VARIANCE. A grant of relief from the requirements of this chapter.
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 G.S. § 160D-108 or under common law.
WAREHOUSE. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. This term includes cold storage but does not include the following: warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight.
WHOLESALE SALES. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include, without limitation, the following:
(1) Agents, merchandise or commodity brokers, and commission merchants;
(2) Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
(3) Merchant wholesalers; and
(4) Stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment.
YARD. A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.
YARD, FRONT. A yard situated between the front building line and the front lot line extending the full width of the lot.
YARD, REAR. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
YARD, SIDE. A yard situated between a side building line and side lot line and extending from the required front yard to the required rear yard. In determining the situation of accessory structures, the side yard shall be assumed to extend through the rear yard to the rear lot line.
ZONING DISTRICT. The term applied to various geographical areas of the Town of Franklin for the purpose of interpreting the provisions of this chapter. The districts are designated with the use of symbols on the official zoning map. Regulations controlling land use in the various districts within the Town of Franklin are set forth in §§ 152.020 - 152.033. The terms “district” and “zoning district” are synonymous and are used interchangeably throughout this chapter.
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:
(1) The initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations; and
(2) The application of an overlay zoning district or a conditional zoning district. The term does not include:
(a) The initial adoption of a zoning map by a local government;
(2) The repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction; or
(3) Updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.
ZONING REGULATION. A zoning regulation authorized by the “Special Requirements for Certain Uses” subchapter (2019-111, s. 2.4. G.S. 160D-7).
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 5-5-14; Am. Ord. passed 6-2- 14; Am. Ord. passed 10-5-15; Am. Ord. passed 10-5-15; Am. Ord. passed 2-1-16; Am. Ord. 2017-013, passed 11-6-17; Am. Ord. passed - - )