§ 153.021 GENERAL DEFINITIONS AND ACRONYMS.

AMPI	Abandoned Manufactured-Home Planning Initiative
BOA	Board of Adjustment
BRAC	Base realignment and closure
CAMPO	Capitol Area Metropolitan Planning Organization
CC	County Commissioners
CO	Certificate of occupancy
COG	Council of Governments
CP	Central permitting
NCDENR	North Carolina Department of Environment and Natural Resources
DRB	Development Review Board
DWQ	Division of Water Quality
FAMPO	Fayetteville Area Metropolitan Planning Organization
HPC	Historic Properties Commission
HUD	U.S. Department of Housing and Urban Development
LUP	Land use plan
MOU	Memorandum of understanding
NCAC	North Carolina Administrative Code
NCDCR	North Carolina Department of Cultural Resources
NCDOT	North Carolina Department of Transportation
NCGS	North Carolina General Statutes
PB	Planning Board
PUD	Planned unit development
RLUAC	Regional Land Use Advisory Commission
RPO	Regional Planning Organization
UDO	Unified Development Ordinance
UL	Underwriters Laboratories
USACE	U.S. Army Corps of Engineers
USGS	United States Geological Survey

(B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESS WAY. A way of approaching or entering a property across another property to their parcel that has a width of not less than 20 feet that is legally recorded in the Harnett County Register of Deeds. ACCESS WAY also includes ingress, the right to enter, and egress, the right to leave.

ADJACENT. Having property lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a public or private right-of-way or easement. Also known as ABUTTING or ADJOINING.

AGRICULTURE. The terms AGRICULTURE, AGRICULTURAL, and FARMING refer to all of the following:

(a) The cultivation of soil for production and harvesting of crops, including, but not limited to, fruits, vegetables, sod, flowers, and ornamental plants;

(b) The planting and production of trees and timber;

(c) Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing;

(d) Aquaculture as defined in G.S. § 106-758;

(e) 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;

(f) 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 the farm, and similar activities incident to the operation of a farm; and/or

(g) A public or private grain/crop warehouse or warehouse operation where grain or crops are held ten days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain or crops.

AGRITOURISM. Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an AGRITOURISM activity whether or not the participant paid to participate in the activity.

AIRPORT. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

ALLEY. A strip of land, publicly or privately owned, set aside primarily for secondary vehicular service access to the back or side of properties whose principal frontage is abutting a street right-of-way.

APARTMENT. See MULTIFAMILY RESIDENTIAL DEVELOPMENT.

APPLICANT. Any person, whether or not the property owner, who submits any plans for review, or requests any administrative action, for approval under this chapter. Also known as PETITIONER.

ATHLETIC FIELDS, PRIVATE. Privately owned and operated facility that provides outdoor recreational fields for sports including, but not limited to, football, baseball, softball, and soccer.

AUTOMATED TELLER MACHINE (ATM). A stand-alone or attached automated device that performs banking financial functions at a location that may be separate from the controlling financial institution.

AUTOMOBILE. A self-propelled, free-moving vehicle, typically with four wheels, usually used to transport passengers and licensed by the appropriate state agency for these purposes.

AUTOMOBILE, ABANDONED. A motor vehicle which is left on private property, specifically not located within the public right-of-way, without the consent of the owner(s), occupant, or lessee of the property.

AUTOMOBILE, JUNKED. A motor vehicle that is:

(a) Partially dismantled or wrecked;

(b) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or

AUTOMOBILE REPAIR FACILITY. Any building, land area, or other premises, or portion thereof, used for servicing and repair of automobiles, and including as an accessory use, but not limited to, the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

BAR/TAVERN. An establishment in which alcoholic beverages are served as a primary source of income, alcoholic beverages are sold primarily by the drink, and where food or packaged liquors may also be served or sold as deemed under the Alcoholic Beverage Control Law in G.S. § 18B-1000.

BASE FLOOD. See § 153.024.

BED AND BREAKFAST RESIDENCE. A business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week and that meets all of the following criteria:

(a) Does not serve food or drink to the general public for pay;

(b) Serves the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals, only to overnight guests of the home;

(d) Is the permanent residence of the owner or the manager of the business.

BERM. A mound of earth with a minimum slope of 3:1 intended for landscaping or buffering purposes.

BILLBOARD. See SIGN, OUTDOOR ADVERTISING.

BLOCK. A tract of land, lot, or group of lots typically bounded by street right(s)-of-way.

BOARD OF ADJUSTMENT. The Harnett County Board of Adjustment. See § 153.279.

BOARDING HOUSE. A private residence where guests are provided meals and lodging, typically for a fee.

BOARDING STABLE. A structure designed for the feeding, housing, and exercising of horses, all of which may not be owned by the owner(s) of the premises, and for which the owner(s) of the premises may receive compensation.

BONA FIDE FARM. Except as provided in G.S. § 106-743.4 for farms that are subject to a conservation agreement under G.S. § 106-743.2, BONA FIDE FARM purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. § 106-581.1. For purposes of this chapter, the production of a nonfarm 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 is a BONA FIDE FARM purpose. For purposes of determining whether a property is being used for BONA FIDE FARM purposes, any of the following shall constitute sufficient evidence that the property is being used for BONA FIDE FARM purposes:

(a) A farm sales tax exemption certificate issued by the Department of Revenue;

(b) A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. § 105-277.3;

(c) A copy of the farm owner’s or operator’s Schedule F from the owner’s or operator’s most recent federal income tax return;

(d) A forest management plan; or

(e) A farm identification number issued by the United States Department of Agriculture Farm Service Agency.

BUFFER. A landscaped area, as required by this chapter, or solid fence or wall used to enclose, screen, or separate certain uses, as specified in this chapter. The design, composition, height, and location of these facilities shall be approved prior to installation.

BUFFER STRIP. A strip of land to be used for planting and/or open area, the purpose of which is to provide the minimum required separation of different uses of property or a naturally existing wooded area of sufficient width and density to provide a visual screen.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING, PRINCIPAL. A building in which is conducted the principal use of the plot on which it is situated.

BUILT-UPON AREA. Built-upon area shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel, streets, recreation facilities (e.g., tennis courts), and the like, but not including wooden slatted decks or swimming pools.

BUSINESS SERVICE ESTABLISHMENT. A facility primarily engaged in rendering services to business establishments on a fee or contract basis, including, but not limited to, advertising and mailing, building maintenance, employment services, consulting services, protective services, equipment rental and leasing, commercial research and development, and personal supply services.

CAPACITY FEE. Requirement of the developer to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.

CAR WASH. Any building or premises used for washing motor vehicles, either performed by employees or by vehicle operators, and related accessory uses.

CARPORT. Prefabricated, roofed structure without any foundation, footings, enclosed walls, or sides, providing space for the parking of motor vehicles. When attached to a residential structure, a CARPORT is considered part of the residential structure.

CEMETERY, COMMERCIAL USE. Property used for the interment of the dead, generally with more than ten burial plots, and intended for commercial purposes.

CEMETERY, PRIVATE USE. Property used for the interment of the dead with ten or fewer burial plots. Also referred to as a FAMILY BURIAL PLOT.

CERTIFIED LOCAL GOVERNMENT (CLG). Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980, being 54 U.S.C. §§ 300101 et seq.

CHILDCARE FACILITY. See DAYCARE FACILITY.

CIVIC CENTER. A building or complex of buildings that houses government offices and services (or is sanctioned by the government) and that may include cultural, recreational, athletic, convention, and entertainment facilities.

CIVIL PENALTY. A monetary penalty assessed by the county for violation of this chapter and is treated as a debt owed to the county but is not a fine. CIVIL PENALTIES are generally imposed by means or in the form of a civil citation.

CLUB OR LODGE, PRIVATE. A non-profit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of these premises being restricted to members and their guests. The affairs and management of the PRIVATE CLUB OR LODGE are conducted by a board of directors, executive committee, or similar body chosen by the members.

COLLEGE OR UNIVERSITY. An educational institution authorized by the state to award associate, baccalaureate, or higher degrees. See SCHOOL.

COMMON AREAS. See OPEN SPACE.

COMMUNITY CENTER. A facility used for recreational, social, educational, and cultural activities, either privately or publicly owned.

COMPREHENSIVE TRANSPORTATION PLAN. This plan serves to address present and anticipated multi-modal transportation needs within the county, including roadway, bicycle, pedestrian, and transit transportation needs. The plan provides for land reservation for future transportation corridors and helps guide decisions on setbacks and transportation improvements as development occurs today and into the future, and includes recommendations on roadway improvements, and bicycle and pedestrian and other facilities.

CONCEPTUAL PLAN. Requirement that development applications demonstrate that adequate public facilities be made available at prescribed levels of service concurrent with the impact or occupancy of development units.

CONDITIONS. Requirements to be met prior to subsequent action, typically required as part of approval by a board.

CONSTRUCTION. Erection, alteration, excavation, demolition, or similar work on any development authorized by permits.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)/FACILITY. An age-restricted development that provides a continuum of accommodations and care ranging from independent living to long-term bed care and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and often an entrance fee in excess of one year of monthly fees.

CONVENIENCE STORE. A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, beverages, a limited amount of freshly prepared foods such as sandwiches and salads for on or off-premises consumption, and which may be used for the retail dispensing or sales of vehicular fuels. CONVENIENCE BUSINESS ESTABLISHMENTS shall not be construed to encompass retail sales not geared toward neighborhood convenience.

COVENANTS. Private land use controls that are attached to a deed and are not regulated or enforced by the county.

CREMATORIUM. An establishment containing a furnace used for reducing a body to ashes by burning.

CRITICAL AREA. See CRITICAL AREA definition in § 153.024.

CUSTOMARY HOME OCCUPATION. Any use, whether intended to produce income or not, conducted entirely within a dwelling and carried on by the occupants thereof, whose use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof.

DAYCARE FACILITY. An establishment providing for the care, supervision, and protection of facility clients, by person(s) other than the guardians or full-time custodians of the client(s), or from persons not related to them by birth, marriage, or adoption on a regular basis of at least once per week.

(a) DAYCARE FACILITY, ADULT DAYCARE. A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a 24-hour day.

(b) DAYCARE FACILITY, CHILDCARE FACILITY. A childcare arrangement, not in a residence, where, at any one time, there are three or more pre-school-age children or nine or more school-aged children receiving care.

(c) DAYCARE FACILITY, IN-HOME CHILDCARE. A childcare arrangement located in a residence where, at any one time, there are between three and eight children receiving care.

DEDICATION. The object or the act of an owner(s) offering property or property rights to the public without any considerations being given for the transfer. Since a transfer of property rights is involved, DEDICATIONS shall be written recordable instruments.

DEVELOPER. The owner(s), or his or her representative, of land proposed to be developed or subdivided. Consent shall be required from the legal owner of the premises.

DEVELOPMENT PLAN. See PHASED DEVELOPMENT PLAN and SITE PLAN (SITE SPECIFIC DEVELOPMENT PLAN).

DEVELOPMENT REVIEW BOARD. Herein, the Harnett County Development Review Board. See § 153.278.

DISPLAY AREA. The area used for display of merchandise or goods available for purchase from the business located outside of a building. This use shall be allowable only as an accessory to the primary use of the establishment.

DISTRIBUTION CENTER. An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials including transshipment by boat, rail, air, or motor vehicle.

DRAINAGE EASEMENT.

(a) A recorded easement that remains undisturbed except as may be necessary to accommodate:

1. Streets, provided they cross at a horizontal angle at least 60 degrees;

2. Utilities and their easements; and/or

3. Greenways, pedestrian paths, and their easements.

(b) DRAINAGE EASEMENTS are measured perpendicular to the flow of the drainageway banks, except when no drainageway banks exist, in which case, the centerline of the drainage swale is used.

DRAINAGEWAY. Any stream, watercourse, channel, ditch, or similar physiographic feature draining water from the land.

DRIPLINE. An imaginary ground line around a tree that defines the limits of the tree canopy.

DRIVEWAY. An access point that serves for ingress and egress from a public or private right-of-way or easement, most commonly used for vehicles.

DWELLING. A building that contains one- or two-family dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. See MULTIFAMILY RESIDENTIAL DEVELOPMENT and SINGLE-FAMILY DWELLING.

(a) DWELLING, SINGLE-FAMILY. A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

(b) 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.

E-911 ADDRESS. A physical address assigned by the E-911 Addressing Department for a structure or parcel of land.

EASEMENT. The right to use another person’s property, but only for a limited and specifically named purpose. The owner generally continues, but not including encroachments at the location of the easement, to make use of such land since he or she has given up only certain, and not all, ownership rights. An EASEMENT is typically a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.

EASEMENT, ACCESS. A legally recorded, both by plat and deed, right of approach to physical entrance to a property, by vehicle or other means and specifically not dedicated to NCDOT.

EDUCATIONAL SERVICES. A college, university, or trade school authorized by the state to award degrees. University and college uses and ancillary uses typically associated with a university or college that are customary and subordinate to the primary educational function of that university or college use, including dormitories, stadium, enclosed arenas, auditoriums, and museums. Typical ancillary uses may also include uses with a direct relationship to a university academic use, such as university medical center uses, including teaching hospitals, medical schools, nursing schools, biomedical research facilities, and support space. Limited commercial uses, such as university-related bookstores, childcare facilities, and dining facilities located within other buildings shall be permitted to the extent that they are designed to serve on-campus population of the university and not to attract additional traffic to the campus.

ENTERTAINMENT AND DANCE VENUE. An establishment that is either public or private in which people gather for dancing and/or listening to recorded or live entertainment and/or music, and which may include the sale and consumption of alcoholic beverages on premises.

ENTRANCE. An access point or driveway that serves for ingress and egress to a site or development. When included as part of a subdivision, each entrance or driveway onto a state right-of-way, whether for an individual property or for the entire development, shall be considered an ENTRANCE to the subdivision.

ETHANOL DIESEL OR BIOFUEL. A renewable fuel manufactured from methanol and vegetable oil, animal fats, and recycled cooking fats, that comes in various forms, including B100 and B20.

EVIDENTIARY HEARING. The formal hearing required to gather evidence prior to making a quasi-judicial zoning decision. All of the essential elements of a fair trial shall be observed, such as having witnesses under oath and subject to cross-examination, no gathering of evidence outside the hearing, written findings of fact, and substantial, competent, and material evidence in the record to support the findings. These meetings are held open to the public, for the purpose of providing and gaining information to and from the public, that may or may not have a bearing on the decision of the Board of Adjustment, and required by the state general statutes.

EXTERIOR FEATURES. The architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building or other structure, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures.

FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident handicapped persons.

FENCE. A barrier constructed of material or a combination of materials, and erected to enclose, screen, or separate areas. Where applicable, the materials shall be limited to: chain link; wrought iron; wood; stucco; brick; stone; and/or vinyl.

FINANCIAL INSTITUTION. An establishment such as banks, credit agencies, investment companies, brokers of and dealers in securities and commodities, and security and commodity exchanges.

FLEA MARKETS, RUMMAGE, SECONDHAND SALES, AND ACTIVITIES, INDOOR. Indoor sales area in which typically more than one space is set aside or rented, and is intended for use to sell a variety of articles such as those which are either homemade, hand-crafted, new, used, old, or obsolete.

FLEA MARKETS, RUMMAGE, SECONDHAND SALES, AND ACTIVITIES, OUTDOOR. Outdoors sales area in which typically more than one space is set aside or rented, and is intended for use to sell a variety of articles such as those which are either homemade, hand-crafted, new, used, old, or obsolete.

FREIGHT HANDLING. The use of a facility or terminal with the capability of handling a large variety of goods, sometimes involving various forms of transportation and may provide multimodal shipping capabilities, including but not limited to rail to truck transfer.

FUNERAL HOME. A building used for the preparation of the deceased for burial and viewing of the deceased and rituals connected therewith burial or cremation.

GRAVEYARD. See CEMETERY, COMMERCIAL USE and CEMETERY, PRIVATE USE.

GROCERY STORE. A retail establishment primarily selling food as well as other convenience and household goods.

HABITABLE. A space in a building for living purposes, which includes working, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility spaces and similar areas are not considered HABITABLE space.

HEALTH AND TRAINING CENTER (INDOOR AND OUTDOOR). An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms, and lockers. Health and training centers may also include facilities to assess individual’s nutritional and fitness levels, instructs them on the proper way to perform exercises, conducts individual and/or small group training at designated times, and advises individuals on their dietary needs. The establishments are usually open only to members and their guests.

HEALTH CARE SERVICE. An establishment providing support to hospitals and medical professionals and their patients, such as medical and dental clinics and laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.

HOMELESS SHELTER. A facility providing temporary housing to indigent, needy, or homeless persons.

HOMEOWNERS ASSOCIATION (PROPERTY OWNERS ASSOCIATION). Legal entities that are responsible for the maintenance and control of common areas, and may include regulations within the development, shall be established in a manner that:

(a) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(b) The association or similar legal entity has clear legal authority to maintain and exercise control over common areas and facilities; and

(c) The association or similar legal entity has the power to compel contributions from property owners within the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of common areas and facilities.

HOSPITAL. One or more buildings or structures located on the same lot or campus, primarily devoted to the rendering of health, medical, and nursing care to persons on an in-patient basis, and which provide facilities and services of a scope and type customarily provided by hospitals, including facilities for intensive care, self-care, out-patient facilities, clinical, pathological and other laboratories, laundries, training facilities for nurses, interns, physicians and other staff members, food preparation and food service facilities, administration buildings, administrative facilities, medical office facilities owned and operated by the hospital for physicians who are members of the hospital medical staff, and other general hospital facilities.

HOTEL/MOTEL. An establishment which is open to transient guests, as distinguished from a boarding, rooming, or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

IMPACT FEE. A fee imposed on new development by the county pursuant to this chapter in order to mitigate the impacts on community facilities created by the demand for capital improvements by the new development. IMPACT FEES do not include the dedication of rights-of-way or easements for the facilities, or the construction of other required improvements.

IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

INCOMPATIBLE USE. A use or service which is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous, or discordant.

INDUSTRIAL PARK. A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. INDUSTRIAL PARKS may be promoted or sponsored by private developers, community organizations, or government organizations.

JUNK. Scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, or other scrap ferrous or nonferrous material and dismantled or used white goods or parts thereof.

JUNKYARD. An establishment or place of business, or portion of a property, which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for maintenance or operation of an automobile graveyard. Any lot containing more than three unregistered and non-functional vehicles shall constitute a JUNKYARD for the purposes of this chapter.

JUNKYARD, NONCONFORMING. An establishment or place of business, or portion of a property, fitting the definition of a “junkyard”, where the use for which was established prior to zoning in the same location. NONCONFORMING JUNKYARDS are typically identified as such using best available information to determine the intensity of the junkyard itself at the current time as well as at the time of adoption of zoning at the location.

KENNEL. An establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation for purposes not primarily related to medical care.

KENNEL, PRIVATE ACCESSORY. An establishment in which dogs or domesticated animals are housed, groomed, bred, or trained, typically for personal use, not related to the primary use of the property, and where the animals are not primarily held for the purposes of sale or other profit.

LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL. A lot, parcel, area, or facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash by burying and covering with soil. This definition does not include the placing of any land clearing or inert debris on a lot, plot, or parcel that was generated on, or came from the property on which it was placed, by the owner of the property. See LAND CLEARING WASTE and YARD TRASH.

LAND CLEARING WASTE. Solid waste that is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material.

LANDOWNER. Any owner(s) of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of the owner.

LEARNING CENTER. A facility used for educational purposes, including tutoring and administration of standardized testing, that occurs entirely indoors.

LIVE/WORK DEVELOPMENT. A building or group of buildings containing two or more distinct uses, with each building including a combination of residential and office, financial, and/or retail uses.

LOT. A parcel of land occupied or to be occupied by a main building, or group of main buildings, and any accessory buildings, together with the yards, open spaces, lot width, and lot area as are required by this chapter.

(a) LOT, CORNER. A lot abutting two or more public or private right(s)-of-way or easement(s) at the intersection of such.

(b) LOT, DOUBLE FRONTAGE. A contiguous (through) lot that is accessible from both streets upon which it fronts. Also known as THROUGH LOT and REVERSE FRONTAGE LOT.

(c) LOT, FLAG. A lot that, in its shape, resembles a flag on a pole where the “flag” part is the main body of the lot and the “pole” part is the narrow portion of the lot that provides access from the street or easement.

(d) LOT, INTERIOR. A lot other than a corner lot with frontage on only one street.

(e) LOT, SINGLE-TIER. A lot that backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.

LOT AREA. The total horizontal area included within lot lines.

LOT AREA (USEABLE). Lot area suitable for septic fields. The area within the lot lines that is a contiguous area suitable for a septic field, well, house, and access. This area does not include areas such as public right(s)-of-way, land on the opposite side of a public right-of-way from the location of the house site, or land within the flood hazard area.

LOT BOUNDARY LINE. A line that divides one lot from another or from a right-of-way or easement.

LOT DEPTH. The average horizontal distance between front and rear lot lines.

LOT FRONTAGE. The side of a lot abutting on a street or easement. Also referred to as the FRONT LOT LINE.

LOT IMPROVEMENT. Physical changes made to raw land and structures on or under the land surface in order to make the land more useable for human activity. Typical improvements in these regulations include, but shall not be limited to, grading, street pavement, drainage ditches, and street name signs.

LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Harnett County Register of Deeds, or, prior to April 4, 1977, a lot described by metes and bounds, and description of which has been recorded in the office of the Harnett County Register of Deeds by the owner or predecessor in title thereto.

LOT WIDTH. The average horizontal distance between the side property lines.

MANUFACTURED HOME. A home that:

(a) Consists of a single unit completely assembled at the factory or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and joined together at the site;

(b) Is designed so that the total structure (or in the case of double-wide or triple-wide, each component thereof) can be transported on its own chassis;

(d) Is designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation;

(e) Is actually being used, or is held ready to use, as a dwelling; and

(f) Meets or exceeds the construction standards adopted by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

MANUFACTURED HOME, ABANDONED. An abandoned manufactured home or mobile classroom that is:

(a) Not being occupied as a dwelling and does not provide complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation or a manufactured home that has not received the proper permits to be located within the county’s jurisdiction;

(b) A structure which is a manufactured/mobile home which is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous condition constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities; or

(c) Any structure, which is a manufactured/mobile home that was designed and intended for residential or other uses, which has been vacant or not in active use, regardless of purpose or reason, for the past two year period, and has been deemed a nuisance due to public safety or public appearance by the Harnett County Planning Department or Harnett County Department of Public Health.

MANUFACTURED HOME LOT. A manufactured home lot is a piece of land within a manufactured home park whose boundaries are delineated in accordance with the requirements of this chapter, and that is designed and improved in accordance with the requirements of this chapter to accommodate a single manufactured home.

MANUFACTURED HOME PARK. A manufactured home park is a parcel of land, adjoining parcels of land, or a group of lots within 500 feet of each other in single/same ownership designed to provide three or more manufactured homes or spaces, or any combination of homes and spaces. One lot, solely established for the primary residence of the park owner(s), may be established on a parcel adjacent to a permitted manufactured home park.

MANUFACTURED HOME, A-PITCHED ROOF. A roof that is designed to have a ridge or peak at the center of the structure and where the primary roof structure is generally made up of two angled pieces which meet in the middle forming a degree of slope or pitch to the roof. See picture example below.

MANUFACTURED HOME, ROUNDED OR ROLLED ROOF. A roof that is designed to cover a structure without the presence of a ridge or peak and are generally covered by materials that are connected in a vertical manner and do not intersect at the center of the structure. See picture example below.

MANUFACTURED HOME SPACE. See MANUFACTURED HOME LOT.

MANUFACTURING, GENERAL. The use of an establishment in the mechanical or chemical transformation of materials or substances into new products, in the course of any trade or business other than agriculture, such as creation of products, assembly and blending of materials, manufacturing of large items, and processing. The establishments may include hazardous operations and the use of combustible materials. Materials utilized in these establishments include, but are not limited to, oils, plastics, resins, or liquors.

MANUFACTURING, LIGHT. The use of an establishment in assembly, processing, packaging, or finishing activities, in the course of any trade or business other than agriculture, that are carried on without an unreasonable detrimental effect of noise, vibration, smell, fumes, smoke, ash, or dust onto the surrounding community. This is intended to function as a transitional use between the more intense general manufacturing and industrial uses and other less intense uses. Uses related to research and development, including laboratories and other facilities for basic or applied research and development, pilot plants, prototype production facilities, manufacturing uses with a high degree of scientific input, and facilities for organizations or associations that promote research. This includes the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics.

MASSAGE AND BODYWORK THERAPIST. A person who holds a valid license issued by the North Carolina Board of Massage and Bodywork Therapy to engage in the practice of massage and bodywork therapy.

MASSAGE AND BODYWORK THERAPY PRACTICE, LICENSED. The application of massage and bodywork therapy to any person for a fee or other consideration. Practice of massage and bodywork therapy does not include the diagnosis of illness or disease, medical procedures, chiropractic adjustment procedures, electrical stimulation, ultrasound, prescription of medicines, or the use of modalities for which a license to practice medicine, chiropractic, nursing, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.

MASSAGE AND BODYWORK THERAPY PRACTICE, UNLICENSED. A place of business where a massage is offered for a salary or fee, and which is not licensed by the North Carolina Board of Massage and Bodywork Therapy.

MAUSOLEUM. See CEMETERY, PRIVATE USE and CEMETERY, COMMERCIAL USE.

MINING. The extraction of minerals, including solids, liquids, and gases and/or the excavating and removing material from the surface and/or subsurface.

MINOR WORKS. Those exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or district as a whole. Used in reference to historic properties and districts.

MODULAR HOME. A manufactured building designed to be used as a single-family dwelling unit which has been constructed and labeled indicating compliance with the North Carolina State Building Code for residential structures.

MODULAR UNIT. A manufactured building designed to be used for nonresidential purposes, which has been constructed and labeled indicating compliance with the North Carolina State Building Code. This should include modular class rooms, construction offices, and the like.

MONUMENTS. Markers placed on or in the land to identify property corners and other notable features. Metal pins not less than three-fourths of an inch in diameter and 18 inches long or concrete monuments four inches in diameter or square and three feet long.

MORTUARY. A place for the storage of human bodies prior to autopsy, burial, or release to survivors.

MOTEL. An establishment which is open to transient guests, as distinguished from a boarding, rooming, or lodging house.

MOTOR HOME. See RECREATIONAL VEHICLE.

MOTOR VEHICLE. Includes any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.

MULTIFAMILY RESIDENTIAL DEVELOPMENT. A building or development containing two or more dwelling units, including units that are located over one another in one or more buildings on the same lot, or attached or detached units on separate lots at densities permitted by this chapter.

(a) MULTIFAMILY, CONDOMINIUM DEVELOPMENT. A building or group of buildings in which dwelling units are owned individually and the structure, common areas, and facilities are owned by all owners on a proportional, undivided basis and meets the requirements of the state’s Unit Ownership Act as specified in G.S. §§ 47A-1 et seq.

(b) MULTIFAMILY, DUPLEX DEVELOPMENT. A development consisting of more than one duplex, as defined herein, created as a single project.

(c) MULTIFAMILY, TOWNHOME. An attached single-family dwelling on a fee-simple lot meeting the minimum front and rear yard setback requirements, fronting on a dedicated street, and sharing a common side(s) with adjoining units within a townhome complex.

(d) MULTIFAMILY, TWO-FAMILY DWELLING (DUPLEX). A residential use consisting of two dwelling units within a single building on a single lot. Also commonly referred to as a TWO-FAMILY DWELLING.

NEO-TRADITIONAL DESIGN. An approach to land use planning and urban design that promotes the building of pedestrian friendly neighborhoods with a mix of uses, housing types and costs, lot sizes and density, architectural variety, a central meeting place, and defined development edges.

NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to adoption of zoning at the location of the lot and does not meet the minimum lot size or other development requirements of this chapter.

NONCONFORMING SIGN. Any sign that does not meet the requirements of this chapter.

NONCONFORMING STRUCTURE. A structure or building, the size, dimensions, or location of which was lawful prior to the adoption of zoning at the location of the lot and does not meet the requirements of this chapter.

NONCONFORMING USE. A legal use of a building and/or land that began prior to adoption of zoning at the location of the lot and does not conform to the regulations of this chapter.

NURSERY. The agricultural production or growth, storage, and sales of garden plants, flowers, trees, shrubs, and similar products that are grown on-site, as well as the sale of fertilizer, mulch, and other related materials, garden tools, and similar accessory and ancillary products, to the general public. This use shall not include those nurseries that are classified as a bona fide farm, as defined herein.

NURSERY, RETAIL. The storage and sale of garden plants, flowers, trees, shrubs, and similar products that are not grown on-site; as well as the sale of fertilizer, mulch, and other related materials, garden tools, and similar accessory and ancillary products, to the general public.

NURSING HOME. See CONTINUING CARE RETIREMENT COMMUNITY (CCRC)/FACILITY.

OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment.

OPEN SPACE. An area of land or water designed and intended for public or private use. This area is typically left in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities.

(a) OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include complementary structures and improvements as are necessary and appropriate.

(b) OPEN SPACE, GREENWAY. A linear park network left in its natural state except for the introduction of trails used by pedestrians and bicyclists.

(c) OPEN SPACE, IMPROVED. A type of open space wherein the land is not left in its natural state, but is developed, to varying degrees, for the enhanced enjoyment of the community, including, but not limited to, golf courses, swimming pools, miniparks, and sheltered picnic areas.

(d) OPEN SPACE, MINIPARK. A type of open space, typically between 2,000 and 30,000 square feet in size, intended to serve the immediate surrounding neighborhood within a development, including, but not limited to, tennis courts, tot lots, and clubhouses.

(e) OPEN SPACE, PRESERVE. Open space that preserves or protects endangered species, critical environmental features, viewsheds, or other natural elements including, but not limited to, nature, wildlife, and forests, and is specifically intended for preservation of native species.

(f) OPEN SPACE, RECREATION AREA. An area of land and/or water resources that is developed for active recreation pursuits with various human-made features that accommodate these activities. Also referred to as PARK.

(g) OPEN SPACE, RECREATIONAL. A type of improved open space where organized activities requiring equipment that are often performed with others including, but not limited to, basketball courts, swimming facilities, and tennis courts are commenced.

(h) OPEN SPACE, UNIMPROVED. An area of land and/or water that is set aside for permanent preservation and left in its natural, undeveloped state.

(i) OPEN SPACE, USABLE. Any area that:

1. Is not encumbered with any substantial structure;

2. Is not devoted to use as a roadway, parking area (paved or peripheral), or sidewalk;

3. Is left in its natural or undisturbed state, if such a state is compatible with use of the area or property planted and landscaped; (Facilities for the pursuit of passive types of recreation, such as picnic tables, are permissible.)

4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and

5. Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required.

OUTDOOR STORAGE. The keeping of any inventory, goods, material, or merchandise, including raw, semi-finished, and finished materials for any period of time, and as an accessory to the primary use of the establishment, typically retail. Storage related to a residential use, required vehicular parking areas, nurseries, and the display of automobiles or other vehicles shall not be considered OUTDOOR STORAGE.

PAVE. To cover with concrete, asphalt, brick, stone slabs, or blocks (such as cobblestones), or other manufactured products (such as concrete blocks) having the characteristics of concrete, asphalt, brick, or stone.

PAVEMENT. A created surface, typically asphalt but also concrete, brick, or stone, placed on the land to facilitate ingress and egress.

PERSON. Any individual or group of individuals, or any corporation, general, or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.

PERSONAL SERVICE ESTABLISHMENT. A facility primarily engaged in providing services involving the care of a person or personal goods or apparel, including, but not limited to, a laundromat, beautician, plumber, carpenter, electrician, or other trade establishment.

PERVIOUS SURFACE. Any material that permits full or partial absorption of stormwater into previously unimproved land, or as otherwise determined by the state.

PHASE. Sections of development on an approved site-specific plan, including detailed information pertaining to both the overall site and proposed division within the development, typically for a subdivision or planned unit development, as identified on an approved plan. For purposes of this chapter, the words SECTION, PHASE, and SUB-PHASE shall be considered the same.

PHASED DEVELOPMENT PLAN. A plan which has been submitted to the county by a landowner for phased development which shows the type and intensity of use for specific parcel(s) with a lesser degree of certainty than the plan determined by the county to be a site specific development plan.

PLANNED UNIT DEVELOPMENT. A development constructed on a tract of at least ten acres under single, corporation, firm, partnership, or association ownership planned and developed as an integral unit, and consisting of a combination of principal uses that could be combined only in a planned unit development.

PLAT. A map or plan of a tract or parcel of land that is to be, or that has been, subdivided.

POD. Sections of proposed development types, including limited detail such as use, type, density, and a general layout of the transportation network, most often found on a planned unit development master plan. Phases are further divisions found within a POD.

PORTABLE FOOD SALES. A temporary retail food establishment that operates for a temporary period of time in connection with another event, including but not limited to a fair, carnival, concert, or other public gathering, and is most often an accessory to the principal permitted use. PORTABLE FOOD SALES ESTABLISHMENTS shall include portable units, mobile food units, and temporary food establishments, as defined by the county’s Department of Public Health.

PRELIMINARY SUBDIVISION PLAT. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the compliance of the proposed subdivision of land with these regulations and not intended for recordation.

PRIMITIVE CAMPGROUND. A designated tent site of an undeveloped character, provided at carefully selected locations typically in forested areas. The campground will be located so as to accommodate the need for shelter in a manner that is least intrusive to the surrounding environment. These campgrounds shall be developed without hookups for water, power, sewage, or many of the other amenities found at developed campgrounds.

PRINCIPAL BUILDING. A building in which is conducted the principal or main use of the property. Also referred to as PRINCIPAL STRUCTURE.

PRIVATE DRIVEWAY. A roadway serving two or fewer lots, building sites, or other divisions of land and not intended for public ingress or egress.

PRIVATELY OWNED PUBLIC UTILITY STRUCTURES AND FACILITIES. Any structures and facilities owned or operated by a privately owned electric, telephone, gas, cable, or water and wastewater company.

PROPERTY. All real property subject to zoning regulations and restrictions and zone boundaries by the county.

PUBLIC HEARING. A meeting, open to the public, held for the purpose of providing and gaining information to and from the public, that may or may not have a bearing on the decision of the Board of Commissioners or decision making body, and required by the state general statutes.

PUBLIC IMPROVEMENT. Any improvement including, but not limited to, drainage ditch, roadway, sidewalk, lot improvement, and/or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which the local government responsibility is established.

PUBLIC LIBRARY. A place containing books for reading, study, and research that is open for public use.

PUBLIC MEETING. A meeting, open to the public, held for the purpose of providing and gaining information to and from the public, but not required by state general statutes.

PUBLIC SEWAGE DISPOSAL SYSTEM. A wastewater sewage system that is owned by any unit of government or authority, or by a private corporation, person, or association, and which is designed to serve uses locating along existing lines or within the service area of the system, should additional collection lines be constructed. This definition does not include individual sewage disposal systems that serve only one lot.

PUBLIC WATER SUPPLY. Any water system furnishing potable water to the public that is owned by any unit of government or authority, or by a private corporation, person, or association and which is designed to serve uses locating along existing lines or within the service area of the system, should additional distribution lines be constructed. This definition does not include individual systems that serve only one lot.

PUBLICLY OWNED UTILITY STRUCTURES AND FACILITIES. Any structures and facilities owned by the county or its agencies, or any other local government entity, including, but not limited to, water lines, wastewater lines, stormwater facilities, water treatment plants, wastewater treatment plants, lift stations, pumping stations, booster stations, water tanks, and associated facilities.

RACE TRACK. An establishment either open to the public or organized groups, including both indoor and outdoor facilities, where participants race on a designated track and may or may not include a designated area for spectators. RACE TRACK uses include, but are not limited to, radio controlled (RC) vehicles, motor vehicles, go-karts, all-terrain vehicles, animals, and other similar uses.

RECREATION AND AMUSEMENT SERVICES. Any establishments engaged in providing entertainment for a fee and including activities such as: dance halls; studios; theatrical productions; bands, orchestras, and other musical entertainment; bowling alleys; billiard and pool establishments; and any coin- or token-operated machine for use as a game, entertainment, or amusement.

RECREATIONAL DAY CAMP. A camp providing care and recreational activities for participants, typically children, for a minimum of four consecutive days and usually during the summer months.

RECREATIONAL FACILITY. A place designed and equipped for the conduct of sports and leisure-time activities, including, but not limited to, commercial, personal, private, and public.

RECREATIONAL FACILITY, INDOOR. A permanent structure containing facilities for recreational activities including, but not limited to, tennis, platform games, swimming, exercise rooms, handball, and/or similar activities, all of which shall be performed indoors.

RECREATIONAL VEHICLE. A vehicular, portable structure without permanent foundation that can be towed, hauled, or driven and is designed for travel, recreation, or vacation purposes, and is not designed to be used as a permanent dwelling unit. RECREATIONAL VEHICLES include, but are not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

RECREATIONAL VEHICLE (RV), PARK MODEL. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is self-propelled or permanently towable by a light duty truck, and is generally used as temporary living quarters for recreational, camping, travel, and seasonal use.

RECREATIONAL VEHICLE PARK (RV PARK). Any lot or parcel of land upon which three or more sites and/or campsites are located, established, or maintained for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes, and for which the owner(s) of the premises may receive compensation.

RECYCLABLES. Waste products capable of being reused or reprocessed into a new product and specifically excluding motor vehicles, motor vehicle parts, tires, batteries, accessories, petroleum products, or white goods.

RECYCLING COLLECTION CENTERS. Unmanned facilities used for the collection, separation, and short-term storage of recyclables but not on-site processing, and typically an accessory to another use.

RECYCLING COLLECTION CENTERS AND SOLID WASTE CONTAINER SITES. Manned facilities, typically satellite locations provided for convenience to citizens, used for the collection of solid waste, and for the collection, separation, and short-term storage of recyclables but not on-site processing.

RECYCLING PLANT. A facility in which recyclables such as, but not limited to: newspapers, magazines, books, or other paper products; plastics; glass; metal cans; and other similar products are recycled, reprocessed, or treated in order to return products to a condition where they may be used again to make new products. This definition does not include junkyards or any other facility to reprocess motor vehicles, motor vehicle parts, tires, batteries, accessories, petroleum products, or white goods.

RELIGIOUS STRUCTURE. A place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

REPOSSESSION STORAGE FACILITY (REPO LOT). An establishment or place of business which is maintained, operated, or used for the temporary storage of repossessed automobiles, machinery, and other similar merchandise.

RESEARCH LABORATORY AND DEVELOPMENT. A facility for investigation into the natural, physical, or social sciences, which may include engineering and product development. Research laboratories imply physical activities usually associated with wet labs or places with running water, gases, special ventilation devices, chemicals, special heating and electrical or electronic equipment, and/or use of animals or humans under controlled conditions. Uses related to research and development, including laboratories and other facilities for basic or applied research and development, pilot plants, prototype production facilities, manufacturing uses with a high degree of scientific input, and facilities for organizations or associations that promote research. This includes the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics.

RESIDENCE. See DWELLING.

RESIDENTIAL SPRINKLER. A residential sprinkler system in compliance with National Fire Protection Association (NFPA) 13D “Multi-Purpose System”.

RESTAURANT. An establishment where the primary use is preparation, serving, and consumption of food and drink, mostly within the principal building.

RETAIL SALES. Establishments including shops, stores, and service establishments, engaged in the selling or rental of goods or merchandise (usually to the general public for personal or household use) and in rendering services incidental to the sale of the goods, entirely within an enclosed building.

RETAIL SALES, OUTDOOR. Use of property for the display and sales of products and services, primarily outside of a building or structure, including, but not limited to, manufactured homes, burial monuments, swimming pools, and portable storage sheds including related repair activities and sale of parts. Material sold is usually stored outdoors and typically a building is on-site in which sales may be consummated or products displayed.

ROADSIDE STANDS. Sales of agricultural products grown on-site but not considered a bona fide farm for purposes of this chapter.

RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.

SCHOOL. Any building or part thereof that is designed, constructed, or used for education or instruction in any branch of knowledge that is licensed by the state and meets state requirements for either elementary or secondary education, but specifically not including those uses listed as otherwise by this chapter.

SEASONAL SALES. Sales that are typically made in relation to seasonal, agricultural-related products, including, but not limited to, Christmas trees and pumpkins, and only for a limited duration of time.

SETBACK, BUILDING. A line in the interior of a lot that is generally parallel to, and a specified distance from, the street right-of-way line which creates a space between the lines in which no building shall be placed.

SETBACK, CORNER SIDE YARD. The minimum horizontal distance between the sideline of a building or structure and the adjacent public right-of-way line. In cases where no public right-of-way exists, the setback shall be measured from the easement line.

SETBACK, FRONT YARD. The minimum horizontal distance between the front line of a building or structure and adjacent public right-of-way line. In cases where no public right-of-way exists, the setback shall be measured from the easement line, or property line if no easement exists.

SETBACK, REAR YARD. The minimum horizontal distance between the rear line of a building or structure and the rear property line or right-of-way line.

SETBACK. SIDE YARD. The minimum horizontal distance between the sideline of a building or structure and the side property line.

SEXUALLY-ORIENTED BUSINESS.

(a) An establishment:

1. Where more than 40% of its stock is characterized as relating to sexual activities or anatomical genital areas;

2. Either with or without a liquor license, offering adult live entertainment, which may include, but is not limited to, topless and go-go dancers, strippers, or male or female impersonators; and/or

3. That advertises or holds itself out in any forum as an adult or sexually-oriented business.

(b) ADULT BOOKSTORE. A retail establishment having as its primary stock-in-trade books, magazines, periodicals, video tapes, films, or other items that are distinguished by their explicit emphasis on matter depicting, describing, or relating to sexual activities, genital areas, or erotic behavior and is intended to cause sexual excitement.

(c) ADULT MOTION PICTURE THEATRE. A theatre within a permanent indoor structure used for presenting films distinguished, characterized, or relating to sexual activities, genital areas, or erotic behavior, and is intended to cause sexual excitement.

(d) ADULT NIGHTCLUB. An entertainment establishment intended for patrons of legal age which presents shows or acts distinguished by an emphasis on, but not limited to, topless dancers, strippers, male or female impersonators, or similar entertainers for observation by the patrons.

SHOOTING RANGE. A specialized facility, either indoor or outdoor, often designed with targets, for the use of firearms, archery, and other similar activities, except those exempted by the state general statutes. Each facility is typically overseen by one or more supervisory personnel who is responsible for ensuring that gun safety rules are followed at all times.

SHOPPING CENTER. Two or more commercial establishments having off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves.

SIGN. An advertising device used to disseminate information concerning a person, place, or thing.

(a) SIGN, BUSINESS. Any device which directs attention to a business, profession, industry, or service located on the premises where the sign is displayed either indoors or outdoors, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

(b) SIGN, DIRECTORY. Any sign used for the purpose of listing the tenants or occupants of building or group of buildings and/or development and that may also indicate their respective location(s). DIRECTORY SIGNS are similar to wayfinding signs typically found in municipalities; however, directory signs are intended for identification of facilities located within a development.

(c) SIGN, GROUND. A freestanding sign in which the sign and/or support is in contact with the ground. GROUND SIGNS include monument style and pole style signs, and may also include directory and/or directional style signs.

(d) SIGN, OFF-SITE DIRECTIONAL. Any sign limited to directional message for a business or nonprofit, and in some cases may include the name of the business or nonprofit, as allowed by this chapter.

(e) SIGN, OUTDOOR ADVERTISING. Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform any part of the advertising or information contents, to the public about a subject unrelated to the premises upon which the sign is located. For purposes of this chapter, the term OUTDOOR ADVERTISING SIGN and its definition shall be interchangeable with the following terms: OUTDOOR ADVERTISING; OUTDOOR ADVERTISING STRUCTURE; OUTDOOR ADVERTISING SIGN STRUCTURE; and BILLBOARD.

(f) SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Includes, but is not limited to:

1. Signs designed to be transported by means of wheels, runners, castors, trailers, or other mobile devices;

2. Balloons used as signs;

3. Umbrellas used for advertising; and

4. Signs attached to or painted on vehicles parked and visible from the public right(s)-of-way, unless the vehicle is regularly and customarily used in the normal day-to-day operations of the business.

(g) SIGN, SALVAGEABLE COMPONENTS. Components of the original sign structure prior to the damage that can be repaired or replaced on-site by the use of labor only. If any materials, other than nuts, bolts, nails or similar hardware, are required in order to repair a component, the component is not considered to be SALVAGEABLE.

(h) SIGN, SIGNIFICANTLY DAMAGED. A sign which has been damaged or partially destroyed due to factors other than vandalism or other criminal or tortious acts to an extent that the damage to the sign is greater than 50%.

(i) SIGN, STREET. The sign designating the official name and/or number of the street and being of a design approved by the county and installed according to county guidelines.

(j) SIGN, WALL. A sign fastened to, or painted on, the wall of a building or structure, or canopy, awning, or marquee of the building, in a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.

SITE PLAN (SITE SPECIFIC DEVELOPMENT PLAN). A plan which has been submitted to the county by a property owner describing with reasonable certainty the type and intensity of use for parcel(s) of property. The plan may be in the form of, but not limited to, any of the following plans or approvals: planned unit development plan; subdivision plat; preliminary or general development plan; special use permit; or any other land use approval designation as may be utilized by the county. Refer to G.S. Chapter 160D.

(a) SITE PLAN, COMMUNITY. A plan which has been submitted to the county, describing with reasonable certainty the type and intensity of use for parcel(s) of property, meeting the requirements of this chapter, and which is intended for project or development between five and 15 acres in size.

(b) SITE PLAN, MINOR. A plan which has been submitted to the county, describing with reasonable certainty the type and intensity of use for parcel(s) of property, meeting the requirements of this chapter, and which is intended for existing structures, or for new structures or expansions of existing structures of less than 600 square feet.

(c) SITE PLAN, NEIGHBORHOOD. A plan which has been submitted to the county, describing with reasonable certainty the type and intensity of use for parcel(s) of property, meeting the requirements of this chapter, and which is intended for projects or developments up to five acres in size.

(d) SITE PLAN, REGIONAL. A plan which has been submitted to the county, describing with reasonable certainty the type and intensity of use for parcel(s) of property, meeting the requirements of this chapter, and which is intended for projects or developments larger than 15 acres in size.

SKETCH PLAT/PLAN. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the developer to save time and expense in reaching general agreement with the county as to the form of the plat and the objectives of these regulations and shall in no case be construed to garner vested rights.

SKIRTING. See UNDERPINNING.

SOLAR COLLECTOR. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into usable energy.

SOLAR ENERGY FACILITY. A complete design or assembly for the purpose of transforming solar energy into usable energy, consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

SOLAR ENERGY SYSTEM. A complete design or assembly for the purpose of transforming solar energy into electricity or for heating water, used exclusively for accessory purposes only.

SOLID WASTE DISPOSAL.

(a) Unwanted or discarded material that cannot be salvaged or recycled, and shall refer to the following types of waste disposal:

1. Construction and debris (C&D);

2. Land application of sludge, or petroleum-contaminated soil;

3. Land clearing and inert debris (LCID) landfill; and/or

4. Municipal solid waste (MSW).

(b) Associated acronyms for certain types of facilities shall be deemed to refer to the appropriate facility type, as described herein, for purposes of this chapter.

STORAGE, SELF MINI-WAREHOUSE. A building or group of buildings designed to provide separate access to individually rented storage units used exclusively for storing customer’s goods or wares. No sales, service, or repair activities other than the rental of storage units and its related activities, are permitted within storage units.

STREAM. A watercourse having a source and terminus, banks, and channel through which water flows at least periodically.

STREET/ROAD. A dedicated, and designed and installed for the purpose of acceptance by NCDOT, public right-of-way for transportation, including vehicular traffic and pedestrian circulation.

(a) STREET, ALLEY. A service street of 20 feet in width, providing a secondary means of access to adjoining property and not intended for general traffic circulation.

(b) STREET, ARTERY. A major street designed as part of a network/system of continuous routes and primarily to carry heavy volumes of through traffic. Expressways and boulevards are examples of roadways in the arterial system.

(c) STREET, HALF. A street whose centerline coincides with a subdivision plat boundary, with half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.

(d) STREET, LOCAL/RURAL. A road whose primary function is to provide access to abutting properties and to provide service to travel over relatively short distances as compared to collectors or other higher systems.

(e) STREET, MAJOR COLLECTOR. Routes that provide services to large towns not directly served by the arterial systems and to other traffic generators of equivalent intracounty importance, and serve as important intracounty travel corridors.

(f) STREET, MINOR COLLECTOR. Routes that collect traffic from local roads, bring all developed areas within a reasonable distance of a collector, provide service to smaller communities, and distribute that traffic to major collectors and arterials.

(g) STREET, PRIVATE. Any street or roadway not maintained by NCDOT. An undedicated private right-of-way that affords access to abutting properties according to the standards of this chapter and in accordance with the state general statutes. This is also any road or street that is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public.

(h) STREET, RESIDENTIAL LOCAL SUBDIVISION. Either cul-de-sacs, loop roads, roads that do not connect thoroughfares or serve major traffic generators. Residential collector streets include the types of streets listed below.

1. Dead-end roads. These roads are no more than 2,500 feet in length, open at one end only without special provisions for turning around, and have collector characteristics. For purposes of this chapter, dead-end roads with temporary turn-arounds shall be deemed to meet this definition.

2. Short connecting roads. These roads are normally one block long or extend on a block-by-block basis and have no collector characteristics.

3. Loop roads. A road that has its beginning and ending points on the same route. It is more than one mile in length and has no collector characteristics.

4. Other roads. These roads do not connect thoroughfares or serve major traffic generators and do not have collector characteristics.

5. Cul-de-sac roads. These are very short roads, open at one end only, with a special provision for turning around. They have a bulb end design with a specific turning radii and a limited number of lots.

(i) STREET, THROUGH. A road which serves as a connecting road system between public right(s)-of-way.

(j) THOROUGHFARE, MAJOR. Consist of interstate, other freeway, expressway, or parkway roads and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.

(k) THOROUGHFARE, MINOR. Perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. MINOR THOROUGHFARES may be used to supplement the major thoroughfare system by facilitating minor through traffic movements and may also serve abutting property.

STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on land or attachment to something having permanent location on the land.

SUBDIVIDER. Any person who:

(a) Having an interest in land, causes it, directly or indirectly, to be divided;

(b) Directly or indirectly sell, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plat in a subdivision;

(c) Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision, of any interest, lot, parcel, site, unit, or plat in a subdivision; and/or

(d) Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease.

(a) SUBDIVISION, MAJOR. All subdivisions of land into six or more residential lots, three or more nonresidential lots, and/or any subdivision not classified as minor subdivisions.

(b) SUBDIVISION, MINOR. A minor subdivision is:

1. Any subdivision which creates a maximum of five residential lots each of which front on a state maintained street; or

2. Any subdivision which allows a maximum of six residential lots to be created on a 50-foot easement abutting a state-maintained street, unless otherwise stated by this chapter.

(c) SUBDIVISION, PHASED. Subdivision approval submitted pursuant to a master preliminary plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in two or more individual phase(s), where each phase could be considered a major subdivision on its own, over a period of time.

SUBDIVISION ADMINISTRATOR. The Manager of Planning Services in the Harnett County Planning Department, or his or her designee, who has administrative and enforcement duties related to the subdivision regulations included herein.

SURETY PERFORMANCE BOND. A promise to pay one party a certain amount if the second party fails to meet some obligation, issued by an insurance company or bank to guarantee satisfactory completion of a project by a contractor.

SWIMMING POOL. Any permanent structure, chamber, and/or tank, either in or above ground, containing an artificial body of water at least four feet deep at any point which is used for swimming, diving, wading, recreation, or therapy together with all buildings, appurtenances and equipment used in connection with the body of water.

SYSTEM DEVELOPMENT FEE. Requirement of the developer to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.

TEMPORARY EVENT. An activity limited in duration and infrequent in occurrence, which is not part of the ordinary activities of the facility or site on which the event is located, including, but not limited to, carnivals, fairs, and festivals.

TEMPORARY TURN-AROUND. Area for turning motor vehicles at the end of a street, which is constructed either within the dedicated right-of-way or upon a temporary easement, to be removed when the road is extended.

TIE DOWNS. Galvanized steel cables or strapping which ties a manufactured home and its steel frame to anchors embedded in the ground.

TRACT. A piece of land whose boundaries have been described or delimited by a legal instrument or map recorded in the office of the Register of Deeds.

TRADE SCHOOL. A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade and meeting requirements of the state for certification.

TRUCK DRIVING SCHOOL. A secondary or higher education facility primarily teaching skills that prepares students for jobs in the trucking or truck driving industry and meeting the requirements of the state for certification.

TURKEY SHOOT, TEMPORARY/SEASONAL. An establishment catering to guests who participate in a marksmanship contest using targets with compensation offered as a prize.

UNDERPINNING. Skirting or curtain walls installed in good workmanship-like manner along the entire base of a manufactured home, except for ventilation and crawl space requirements, and consisting of one of the following:

(a) Metal with a baked-on finish of uniform color;

(b) Uniform design and color vinyl, including artificial stone; or

UNIT OWNERSHIP STRUCTURE. Any building or structure in which unit ownership has been created by the owners or co-owners of an express declaration of intent under the Unit Ownership Act of G.S. §§ 47A-1 et seq.

USE. The activity or function that actually takes place or is intended to take place on a lot.

(a) USE, ACCESSORY. A use or structure which includes, but is not limited to, freestanding gazebos, freestanding decks, sheds, and storage buildings, and are:

1. Conducted or located on the same lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;

2. Clearly incidental to, subordinate in purpose to, and serves the principal use; and

3. Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

(b) USE, PRINCIPAL. A use that is listed in the “Table of use types and regulations” found in § 153.105(B) and is the primary use of the lot on which it is located.

(c) USE, TEMPORARY. A use established for a limited duration with the intent to discontinue the use upon the expiration of the time period allotted.

VARIANCE. A grant of relief to an applicant from the requirements of this chapter where unusual or unique circumstances peculiar to the property exist, literal enforcement would result in unnecessary and undue hardship, and the relaxation of the regulations would not be contrary to the public interest. Provided however, that the need for the VARIANCE was not caused or created by the applicant or property owner.

VEHICLE SALES. Sales of automobiles, recreational vehicles, boats, farm equipment, and other similar products, typically in an open area, used for the display, sale, or rental of new or used vehicles in operable condition where no repair work is done. Small equipment shall not be considered a vehicle herein.

VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or approved phased development plan.

VETERINARIAN SERVICE. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital care.

VIOLATION. The establishment, creation, expansion, alteration, occupation, or maintenance of any use, land development activity, or structure, including, but not limited to, signs and buildings, that is inconsistent with any provisions of this chapter or any order, approval, or authorization issued pursuant to this chapter.

(a) VIOLATION, SUBSEQUENT. A violation, as defined herein, that occurs more than once on the same parcel(s) or by the same property owner(s) within any 12-month period.

WALL. See FENCE.

WAREHOUSE. A building used primarily for the storage of goods and materials.

WATERCOURSE. Any natural or artificial stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, or lake where: water flows in a definite direction or course, either continuously or intermittently; has a definite channel, bed, and banks; and includes any areas adjacent thereto subject to inundation by reason of overflow or floodwater.

WATERSHED. The entire land area contributing surface drainage to a specific point, such as the water supply intake.

WHOLESALE TRADE. An establishment or place of business primarily engaged in selling merchandise to other businesses including, but not limited to, retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, these individuals or companies.

WIND ENERGY FACILITY. A system designed to provide energy, wherein the power is generated from wind turbines, towers, and associated control or conversion electronics.

WIND ENERGY SYSTEM. A single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities wherein the power generated is used primarily for on-site consumption. These facilities consist of a single wind turbine, tower, and associated control or conversion electronics.

WIND TURBINE. A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, guy wires, and pad transformer. Also known as a “windmill”.

YARD SALE. The resale, sale, or offering for sale to the general public of items of personal property by the owner(s) or tenants of an improved lot in a residential zoning district, whether without or outside any building.

ZOO AND PETTING ZOO. A place where animals are kept, often in a combination of indoor and outdoor spaces, and are viewed by the public.

(Ord. passed 10-17-2011; Res. passed 5-21-2012; Res. passed 9-17-2012; Res. passed 2-17-2014; Res. passed 5-18-2015; Res. passed 10-19-2015; Res. passed 11-16-2020; Res. passed 6-21-2021; Ord. 2022-05, passed 2-21-2022)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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