§ 163.01 DEFINITIONS.

   For purposes of this UDO, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCELERATED EROSION. Any increase over the rate of natural erosion as a result of land-disturbing activities.

   ACCESSORY USE. A use that: is clearly incidental to and customarily found in connection with a principal use; is subordinate to and serves a principal use; is subordinate in area, extent or purpose to the principal use served; contributes to the comfort, convenience or necessity of occupants, business or industry in the principal use served; and is located on the same lot as the principal use served except as may be specifically provided for elsewhere in the UDO.

   ACCESSORY BUILDINGS, ATTACHED. An accessory building is considered attached to a principal building, and thus is subject to the dimensional requirements that apply to the principal building, when sharing a common structural wall.

   ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure, which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of 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.

   ACCIDENT POTENTIAL ZONES (APZ). The land area beyond the clear zone which may be exposed to safety impacts or accidents resulting from aircraft operations. The APZ is divided into two zones based on Army, Navy, Air Force and Marine Corps aircraft operations data. These zones are designated as APZ-1, the area immediately beyond the clear zone, and as APZ-2, an area beyond APZ-1 that has a measurable potential for safety impacts. APZ means the same as COMPATIBLE USE ZONES (CUZ).

   ADEQUATE EROSION CONTROL MEASURE, STRUCTURE OR DEVICE. One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.

     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 the UDO. Sometimes referred to as administrative determinations.

   ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.

   ADMINISTRATIVE OFFICER. The official charged with the enforcement of the Unified Development Ordinance.

   ADULT ESTABLISHMENTS. Adults establishments are defined in § 155.0714(A).

   AICUZ. Air Installation Compatible Use Zone.

   AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ) STUDY. A study of the Marine Corps Air Station, Cherry Point and its surrounding areas which was done to ensure compatible land development in high noise and accident potential areas while, at the same time, protecting the capability of the installation to conduct air operations in fulfillment of its mission, the foregoing study being entitled Air Installation Compatible Use Zone Study, updated 1981, a copy of the study being on file in the office of the City Clerk.

   ALCOVE. A recess in a wall, or partly enclosed extension connected to or forming part of a room, often curved and often used to house sculpture, a seat or a fountain.

   ALLEY. A strip of land, owned publicly or privately, set aside primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street.

   ALTERATION OF A WATER COURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

   ANTENNA. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.

   APARTMENT. See DWELLING, MULTI-FAMILY.

   APPEAL. A request for a review of an interpretation of any provision of the UDO.

   APPELLANT. Any person who has been given permission to appeal and is now appealing a decision as allowed under the UDO.

   APPLICABLE CODES. The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with State or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

   APPLICANT. Any person or entity that requests any administrative action or approval as allowed under the UDO. Also referred to as PETITIONER.

   ARCADE. A continuous passageway parallel to and open to a street, open space or building, usually covered by a canopy or permanent roofing.

   ARCHITECTURAL FEATURE. A prominent or significant part of element of a building, structure or site.

   ARCHITECTURAL STYLE. The characteristic form and detail of buildings of a particular historic period.

   AREA OF SHALLOW FLOODING. A designated AO or AH Zone on a community’s flood insurance rate map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).

   ASSEMBLY. A joining together of completely fabricated parts to create a finished product.

   ATHLETIC FIELD. Outdoor sites, often requiring equipment, designed for formal athletic competition in field sports (e.g., softball, soccer, football).

   ATTACHED. Connected or fastened together.

   AUTOMOBILE REPAIR SERVICES. An establishment primarily engaged in one or more of the following activities: general automotive repair or service; automotive engine repair; installation or repair of automotive transmissions; installation or repair of automotive glass; installation or repair of automotive exhaust systems; repair of automotive tops, bodies and interiors; and automotive painting and refinishing.

   AUTO WRECKING. A person or business that provides open storage, disassembling or salvaging for more than two junked motor vehicles.

   AWNING. An architectural projection that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. An AWNING is comprised of a lightweight, rigid or retractable skeleton over which an approved cover is attached.

   BAR, NIGHT CLUB, TAVERN. An establishment primarily engaged in the retail sale of alcoholic beverages for consumption on the premises. The establishment must obtain an ABC license for on-premise alcoholic beverage consumption only. The establishment may also be engaged in: the retail sale of prepared food for on-premise consumption; or the provision of entertainment such as live bands, other music and dancing.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year (100-year flood).

   BASE FLOOD ELEVATION (BFE). The elevation to which structures and uses regulated by A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "freeboard", establishes the REGULATORY FLOOD PROTECTION ELEVATION.

   BASE STATION. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

   BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

   BED AND BREAKFAST. A private home offering bed and breakfast accommodations to eight or less persons per night for a period of less than a week.

   BEDROOM. See SLEEPING UNIT.

   BERM. A human-made mound of dirt with gently sloping sides and crown.

   BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

   BILLBOARD OR OUTDOOR ADVERTISING SIGN. See sign definitions in Chapter 157.

   BLOCK. The land lying within an area bounded on all sides by streets.

   BOARDING HOUSE. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders.

   BONA FIDE FARM PURPOSES. See G.S. § 160D-903.

   BORROW. Fill material which is required for on-site construction and is obtained from other locations.

   BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

   BREEZEWAY. A roofed passage connecting two buildings (such as a house and a garage).

   BUFFER. An area of land planted, preserved or constructed to separate uses.

   BUFFER, RIPARIAN. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

   BUFFER YARD. A strip of land which is established on the side and rear property lines to separate one type of land use from another type of land use and which contains natural or planted vegetation, berms, walks, fences and other screening materials in accordance with the provisions of the UDO.

   BUFFER ZONE. The strip of land adjacent to a lake or natural watercourse, the width of which is measured from the edge of the water to the nearest edge of the disturbed area, within the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.

   BUILDABLE (OR ZONE) LOT. One or more lots of record in one undivided ownership with sufficient total area, sufficient area exclusive of easement, flood hazards, well and septic tank fields, total dimensions and street access to permit construction thereon of a principal building together with its required parking and buffer yards.

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

   BUILDING BASE. The structural elements, design features and materials associated with the first floor elevation of a building facade.

   BUILDING CAP. The structural elements, design features and materials associated with the top floor elevation of a building facade.

   BUILDING, DETACHED. A principal building surrounded by open space on a lot.

   BUILDING ELEVATION. The front, side or rear of a structure.

   BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade to the topmost section of the roof. HEIGHT OF A BUILDING in stories does not include basements, except as specifically provided for in the UDO.

   BUILDING LINE. A line perpendicular to the lot depth which establishes the horizontal distance between the structure and the front property line excluding the outermost steps, uncovered porches, gutters and similar fixtures.

   BUILDING MASS. The height, width and depth of a structure.

   BUILDING PERMIT. An official administrative authorization issued by the city prior to beginning construction consistent with the provisions of G.S. § 160D-1110.

   BUILDING SEPARATION. The minimum required horizontal distance between buildings.

   BUILDING SETBACK LINE. The line parallel to the front property line in front of which no portion of any building or structure shall be erected, excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures. Also referred to as a line establishing the minimum allowable distance between the nearest portion of any building, and the street right-of-way line when measured perpendicularly thereto.

   BUILDING WALL. The entire surface area, including windows and floors, of an exterior wall of a building.

   BUILDING WALL OFFSET. Projections or recesses organized in a random or repeating pattern along a building wall used to visually interrupt the mass of the facade plane.

   BULK. The size and shape of buildings, structures and non-building uses and the physical relationship of their exterior walls or construction or their location to lot lines and other buildings or structures or other walls or construction of the same building or structure.

   BULK STORAGE OF PETROLEUM LIQUIDS OR GASES AND OTHER FLAMMABLE MATERIALS. The storage aboveground in open or closed tanks or barrels, or any variety of pressurized containers, in excess of 1,200 gallons.

   BUSINESS SERVICE USES. Establishments that engage primarily in rendering services to businesses including, but not limited to printers, equipment rental, protective services, mailing, photo finishing and similar uses.

   CALIPER. A standard trunk diameter measurement for trees taken six inches above the ground for up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.

   CANOPY.  A structure constructed of rigid materials, including but not limited to metal, wood, concrete, canvas or glass, which is attached to and supported by a building, or which is free-standing and supported by columns, poles or braces extended to the ground.

   CARPORT. A roofed structure not more than 75% enclosed by walls and attached to or adjacent to the principal structure that is provided for the purpose of sheltering one or more motor vehicles.

   CAR WASH. An area or structure equipped with automatic or self-service facilities for washing automobiles.

   CEMETERY. Property used for the interring of the dead, including columbaria and mausoleums.

   CERTIFICATE OF OCCUPANCY. A statement signed by an authorized city official, setting forth that the building, structure or use complies with the zoning ordinance and that the same many be used for the purposes stated therein.

   CERTIFICATE OF ZONING COMPLIANCE. A certificate, signed by the Zoning Administrator, stating that a parcel of land or a building or structure complies with the provisions of the UDO, or that the parcel of land, building or structure may lawfully be employed for specified uses.

   CHEMICAL STORAGE FACILITY.  A building, portion of a building or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

   CHURCH OR PLACE OF WORSHIP. A site and its buildings used primarily for religious worship and related religious services by a tax-exempt religious group. CHURCHES may include may include cemeteries belonging to and operated by the church. CHURCHES shall not include day care facilities, pre-schools, schools or homeless shelters unless those uses are allowed in the zoning district in which the church is located.

   CITY. The City of Havelock, North Carolina.

   CITY BOARD. The Board of Commissioners of the City.

   CITY RIGHT-OF-WAY. A right-of-way owned, leased, or operated by a city, including any public street or alley that is not a part of the State highway system.

   CLEAR ZONE. The area immediately beyond the usual runway threshold which has the greatest potential for occurrence of aircraft accidents.

   CLINIC. An establishment for the medical examination and treatment of patients, but without provision for keeping the patients overnight on the premises. For the purposes of the UDO, a doctor’s office in his or her own home, when it qualifies as a home occupation (see HOME OCCUPATION) shall not be considered a CLINIC, but any doctor’s or dentist’s office which is not a part of his or her own home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a CLINIC.

   CLOSE FAMILIAL RELATIONSHIP. In determining possible conflicts of interest, a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

   CLUBS AND LODGES. An incorporated or unincorporated association for civic, social, cultural, fraternal, literary, political, recreational or like activities, operated on a non-profit basis for the benefit of its members.

   CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential and residential developments. For the purpose of the UDO, residential cluster development is defined in § 155.0703(Q).

   COASTAL AREA MANAGEMENT ACT (CAMA). North Carolina's Coastal Area Management Act, this act, along with the Dredge and Fill Law and the Federal Coastal Zone Management Act, is managed through North Carolina Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM).

   COASTAL A ZONE (CAZ). An area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones. In a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal A Zones are not normally designated on FIRMs. (See Limit of Moderate Wave Action (LiMWA)).

   COASTAL BARRIER RESOURCES SYSTEM (CBRS). Undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by Federal or State governments or private conservation organizations identified as Otherwise Protected Areas (OPA).

   COASTAL HIGH HAZARD AREA. A Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in §156.02(C)(2) of this ordinance, as Zone VE.

   COLLOCATION.

      (1)   The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term COLLOCATION does not include the installation of new utility poles, city utility poles, or wireless support structures.

      (2)   The use of a common wireless communication facility (WCF) or common site with more than one wireless license holder or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity. This may also be known as "site sharing”.

   COLOR, ACCENT. A material or color used on a building’s trim.

   COLOR, MAIN. A material or color used on a building’s walls and constituting more than 50% of the color on the walls.

   COMBINATION USE.  A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permitted Uses. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See § 155.01(D). In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all the enterprises fall within the same principal use classification, this shall not constitute a COMBINATION USE.)

   COMMERCIAL. Any nonresidential use of land engaged in commerce or commercial activity such as wholesale or retail trade or the provision of services.

   COMMERCIAL FEEDER/BREEDER OPERATION. Commercial and/or industrial operations primarily engaged in the production, feeding or fattening of cattle, hogs, chickens or turkeys in a confined area for a period of at least 45 days on a contract or fee basis. Examples of this use include feedlots, feeding farms, cattle ranches, hog farms, chicken farms or ranches, and turkey farms or ranches. This definition does not include the keeping of domesticated animals for pets.

   COMMISSION. The North Carolina Sedimentation Control Commission.

   COMMON AREA(S). All areas, including private roads, conveyed to an owners’ association within a development, or owned on a proportional undivided basis in a condominium development.

   COMMUNICATIONS FACILITY. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

   COMMUNICATIONS SERVICE. Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

   COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

   COMMUNICATIONS TOWER (TOWER). Any structure that is designed and built for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier towers and cellular telephone towers. This does not include qualified small wireless facilities.

   COMPATIBLE USE ZONES (CUZ). Areas identified in the Air Installation Compatible Use Zone Study (AICUZ) which indicates lands, which may be exposed to safety impacts resulting from aircraft operations. The zones are based on Army, Navy, Air Force and Marine Corps aircraft operations data. The CUZ is divided into two zones. These zones are designated as CUZ-1, the area immediately beyond the clear zone, and as CUZ-2, an area beyond CUZ-1 that has a measurable potential for safety impacts.

   COMPOSITE NOISE RATING (CNR). Noise zones are determined by using day-night average sound level (Ldn). Ldn is an objective measure and attempts to predict the impact on a person’s health and welfare. Ldn uses a continuous function to describe impact from a number of aircraft operations and provides refinements in the locations of contour lines in a given area.

   COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the Board of Commissioners. Also known as the CAMA Land Use Plan.

   CONDITIONAL ZONING DISTRICT. A zoning district that permits a particular use or uses established only in accordance with specified standards and conditions tailored to each individual development project. Conditional zoning districts are established in accordance with the requirements of § 160.12.

   CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Condominium developments are subject to the North Carolina Unit Ownership Act (G.S. Chapter 47A) or the North Carolina Condominium Act (G.S. Chapter 47C) as well as § 155.0703(G) of the UDO.

   CONGREGATE CARE FACILITY. A facility providing shelter and services for ambulatory individuals whom by reason of the age, functional impairment or infirmity may require meals, housekeeping and personal care assistance. CONGREGATE CARE FACILITIES do not include nursing homes or similar institutions devoted primarily to the care of the chronically ill or the incurable.

   CONVENIENCE STORE. A retail store 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. A CONVENIENCE STORE operation may also include self-service gasoline sales. Illustrative examples of convenience stores are those operated by the “Fast Fare”, “7-11" and “Pantry” chains.

   CORNER LOT. See LOT, CORNER.

   CORNICE. A horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

   CRITICAL ROOT ZONE. A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree’s survival. The CRITICAL ROOT ZONE is one foot of radial distance for each inch of tree diameter-at-breast-height, with a minimum of eight feet.

   CROWN. The branches and foliage of a tree, above and including the first main branches of the tree trunk, also known as CROWN SPREAD.

   CUPOLA. A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.

   dB. Decibel.

   dbA. The sound pressure level, in decibels, as measured using the impulse mode and “A” weighting network on a precision sound level meter.

   DBH (DIAMETER-AT-BREAST HEIGHT). The tree trunk diameter measured in inches at a height of four and one-half feet above the ground.

   DANCE HALL/DISCO. An establishment which provides music and space for dancing.

   DAY. Any reference to days shall mean calendar days unless otherwise specified. A duration of days shall include the first and last days on which an activity is conducted, and all days in between, unless otherwise specified by state law.

   DAY CARE CENTER. A commercial child care facility where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care as defined in G.S. § 110-86. DAY CARE CENTER also includes a facility providing adult day care on a regular basis for more than two hours per day.

   DCA. The North Carolina Division of Community Assistance.

   DECIDUOUS. Those plants that annually lose their leaves.

   DECLARATION OF UNIT OWNERSHIP. A duly recorded instrument by which property is submitted to the provisions of G.S. § 47A or G.S. § 47C for the purpose of creating a condominium.

   DEDICATION. A gift by the owner of a right to use land for stated purposes. A dedication may be made with a written instrument and is completed with an acceptance.

   DEQ. The North Carolina Department of Environmental Quality.

   DESIGN COMPATIBILITY. A condition occurring between two of the same or two different use types where the buildings harmonize together through the use of common scale, setbacks, heights, materials, design treatments, roof forms orientation or other features.

   DESIGN FLOOD. See REGULATORY FLOOD PROTECTION ELEVATION.

   DETENTION POND. A pond which collects stormwater runoff, filters the water and releases it slowly over a period of hours or days. It does not have a permanent pool and is sometimes referred to as a dry pond or wet weather pond.

   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. Any of the following:

      (1)   The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.

      (2)   The excavation, grading, filling, clearing, or alteration of land.

      (3)   The subdivision of land as defined in G.S. § 160D-802.

      (4)   The initiation or substantial change in the use of land or the intensity of use of land.

   For the purposes of development within the special flood hazard area, DEVELOPMENT also means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

   DEVELOPMENT ACTIVITY. (1) Any land disturbing activity taken by any person or entity for development for which a building permit or the approval of development plan is required. The term includes, but is not limited to, clearing, grubbing, stripping, dredging, grading, excavating or filling of land or tree or stump removal. (2) For purposes of the Flood Damage Prevention Ordinance (§ 156.02), any activity defined as DEVELOPMENT which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.

   DEVELOPMENT APPROVAL. An administrative, legislative 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, DENSITY OF. The density of development shall be determined using a gross acreage system. The total area of the tract, including areas to be used for new roads, rights-of-way, drives, parking, structures, recreation areas, dedicated areas and required setbacks, shall be used for density calculations.

   DEVELOPMENT PERMIT. An administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal, including any of the following: zoning permits, site plan approvals, special use permits, variances, plat approvals, development agreements, building permits, subdivision of land, state agency permits for development, driveway permits, erosion and sedimentation control permits, sign permits.

   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.

   DIGITAL FLOOD INSURANCE RATE MAP (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

   DIRECTOR. Director of Planning and Inspections.

   DISCHARGE POINT. The point at which runoff leaves a tract of land.

   DISPLAY. An eye-catching arrangement by which something is exhibited. This includes billboards, signs of all varieties, window exhibits and placement of articles for retail in view of the public. However, this definition does not include automobiles, boats and boat trailers, and mobile homes.

   DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

   DISPOSAL (OF HAZARDOUS OR TOXIC SUBSTANCE(S)). The destruction, discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste or toxic substance into or on any air, land or water.

   DISPOSAL FACILITY. A facility or part of a facility at which hazardous waste or toxic substance is intentionally placed into or on any land or water, and at which hazardous waste or toxic substance will remain after closure.

   DISTRICT, ZONING. See ZONING DISTRICT.

   DISTRICT, SOIL AND WATER CONSERVATION. The Craven County Soil and Water Conservation District created pursuant to G.S. Ch. 139.

   DNL. Day-night average sound level. A cumulative noise metric which describes the noise occurring during a 24-hour period as averaged over one year. The Ldn metric assesses a ten dB penalty to all noise events occurring between 10:00 p.m. and 7:00 a.m.

   DOMESTIC WASTEWATER DISCHARGE. The discharge of sewage, non-process industrial wastewater, other domestic wastewater or any combination of these items. Unless specifically excepted by the NCDWQ, domestic wastewater includes liquid waste generated by domestic water-using fixtures and appliances, from any residence, place of business or place of public assembly, even if it contains no sewage. Examples of DOMESTIC WASTEWATER include once-through, non-contact cooling water; seafood packing facility discharges and wastewater from restaurants.

   DOMICILIARY HOME. A facility, by what ever name it is called, which provides residential care for aged or disabled persons whose principal need is a home which provides the supervision and personal care appropriate to their age or disability. The three types of DOMICILIARY HOMES are: homes for the aged and disabled; family care homes; and group homes for developmentally disabled adults.

   DORMITORY, PRIVATE. A multiple unit residential accommodation which is established directly or indirectly in association with a college, business college, trade school or university for the purpose of housing students registered and attending such as institution. A PRIVATE DORMITORY may contain food preparation and eating facilities primarily for the use of its occupants.

   DOWN-ZONING. A zoning ordinance that affects an area of land by: (1) decreasing the development density of the land to be less dense than was allowed under the previous usage; or (2) reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

   DRAINAGE EASEMENT. An easement which grants the right of water drainage to pass in open channels or enclosed structures.

   DRAINAGEWAY. Any natural or human-made channel that carries surface runoff from precipitation.

   DRAINAGEWAY AND OPEN SPACE AREA, DEDICATED. The area designated for floodplain and open space purposes on a recorded subdivision plat and thereby dedicated to the public for those purposes.

   DRIPLINE. An imaginary vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

   DRIVEWAY. A vehicular accessway or series of accessways providing ingress and egress to a use or development from a public street, private street or vehicular use area associated with another use.

   DUPLEX (SEMI-ATTACHED) DWELLING. See § 155.0703(C). A building on one lot arranged and designed to be occupied by two families living independently of each other. Also referred to as a DUPLEX.

   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 Minimum Maintenance Standards for Buildings, Structures and Dwellings of Chapter 150, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

   DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for or occupied by three or more families living independently (with separate housekeeping and cooking facilities) of each other.

   DWELLING, PATIO HOME. A one-family detached or semi-detached dwelling unit, on an individual lot with a zero or reduced building setback along one side lot line. Each PATIO HOME DWELLING unit is built on a small lot owned in fee simple by the owner of the dwelling unit. The individual patio home lots are typically within a development containing open space that is owned in common by the patio home owners.

   DWELLING, SINGLE-FAMILY. A detached residential building, other than a mobile home, designed for and occupied exclusively by one family.

   DWELLING, TOWNHOUSE. See § 155.0703(E). A single-family dwelling on its own lot owned in fee simple by the owner of the dwelling, with a private entrance that is part of structure where the dwelling units are all joined side-by-side and separated by party walls, with no unit being located above or below another unit, and having totally exposed front and rear walls for access, light and ventilation. TOWNHOUSE DWELLINGS are generally within a development containing drives, walks and open space all of which are owned in common.

   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. The term DWELLING shall not be deemed to include a motel, hotel, tourist home or other structure designed for transient residence.

   DWELLING UNIT, DETACHED. Any dwelling unit that is freestanding and shares no common walls with any other dwelling unit.

   EASEMENT. A grant of one or more property rights, by the property owner, to or for use by, the public, a corporation or other entity.

   EAVE. The projecting lower edges of a roof overhanging the wall of a building.

   ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

   ELIGIBLE FACILITIES REQUEST. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

   EMERGENCY SHELTER. A facility providing, without charge, temporary sleeping accommodations, with or without meals, for individuals and/or families displaced from their residences as a result of sudden natural or man-made catastrophe including, but not limited to, earthquake, fire, flood, tornado, hurricane or the release of hazardous or toxic substance(s) into the environment. Such a natural or human-made catastrophe must be designated by the responsible local, state or federal official, or an emergency agency such as the American Red Cross or the Emergency Management Assistance Agency.

   ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a special flood hazard area, which may impede or alter the flow capacity of a floodplain.

   ENERGY DISSIPATOR. A structure or a shaped-channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.

   EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

   EROSION. The wearing away of land surface by the action of wind, water, gravity or any combination thereof.

   EVERGREEN. Those plants that retain 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 G.S. Chapter 160D, Article 1. EVIDENTIARY HEARINGS are used to make decisions concerning variances, special use permits and appeals of the

Zoning Administrator’s decisions. The purpose of an EVIDENTIARY HEARING is to gather facts, not to solicit citizen opinion.

   EXISTING BUILDING AND EXISTING STRUCTURE. Any building and/or structure for which the "start of construction" commenced before April 28, 1987, the effective date of the initial FIRM.

   EXISTING LOT (LOT OF RECORD). See LOT OF RECORD.

   EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) was completed before April 28, 1987, the effective date of the initial floodplain management regulations adopted by the City .

   EXPANSION. Any modification or change in the use of property that would involve a building permit and that would cause an increase in impervious surface.

   EXTRATERRITORIAL JURISDICTION (ETJ) OR PLANNING AND ZONING AREA. The portion of a municipal planning jurisdiction that lies outside of the corporate limits of the municipality within which municipal land use regulations apply.

   FACADE. The exterior side of a building which faces, and is most nearly parallel to, a public or private street. The FACADE shall include the entire building wall, including wall face, parapets, fascia, windows, doors, canopy and visible roof structures of one complete elevation.

   FACE BRICK. Nonstructural brick or similar masonry material that is applied as a veneer to a wall or foundation as a decorative element.

   FACILITY FOR MULTIPLE VENDORS. An indoor/outdoor facility which has a primary use of multiple vendors selling or displaying merchandise for sale or showing to the general public. Goods may include, but are not limited to, specialty items, hardware, arts and crafts, produce and other related objects. Secondary uses could include concession of food and sundries, special events, public meetings, social events or other activities of this nature.

   FALL ZONE. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

   FAMILIAL RELATIONSHIP. A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes step, half, and in-law relationships.

   FAMILY. Any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, living together in a dwelling unit as a single housekeeping entity.

   FAMILY CARE HOME. See § 155.0703(M). A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six (6) resident PERSONS WITH DISABILITIES.

   FAR. The ratio between the square feet of floor area of the building and the site area.

   FENCE or WALL. A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal or similar material, used as a boundary or means or protection or confinement, but not including a hedge or other vegetation.

   FINISHED FLOOR ELEVATION. The height of the lowest floor serving habitable space within a structure or building.

   FLEA MARKET. Sales area (indoors or outdoors) in which 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.

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland or tidal waters; and/or

      (2)   The unusual and rapid accumulation of runoff of surface waters from any source.

   FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the flood insurance rate map (FIRM).

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.

   FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. (See also DFIRM).

   FLOOD INSURANCE STUDY (FIS). An examination, evaluation and determination of flood hazards, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in a community issued by FEMA. The FLOOD INSURANCE STUDY report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published.

   FLOOD ZONE. A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area.

   FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source.

   FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.

   FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit including grading, building or any other development permit that is required in conformance with the provisions of Chapter 156 prior to the commencement of any development activity.

   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

   FLOODPLAIN REGULATIONS. The UDO and other land development ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

   FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents.

   FLOODWAY. The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

   FLOOD-RESISTANT MATERIAL. Any building product [material, component or system] capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.

   FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and hydraulic models meeting the minimum requirement of the National Flood Insurance Program.

   FLOOR. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

   FLOOR AREA. The total area of a building including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It includes separate service facilities outside the main building such as boiler rooms and maintenance shops.

   FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.

   FLOOR AREA RATIO. The numerical value obtained by dividing the gross floor area of the building(s) by the net lot area on which the building(s) is/are located.

   FOOD STORES. A retail trade use category that includes grocery stores; meat and fish markets; fruit and vegetable markets; candy, nut and confectionery stores; dairy products stores; retail bakeries; and miscellaneous food stores.

   FOOT-CANDLE. A unit of measurement referring to illumination incident to a single point at finished grade. One foot-candle is equal to one lumen uniformly distributed over an area of one square foot.

   FORESTRY OPERATIONS. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries and related activities. Not included in this definition are logging establishments, sawmills and planing mills.

   FREEBOARD. The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, storm surge or precipitation exceeding the base flood, and the hydrological effect of urbanization of the watershed. The base flood elevation plus the FREEBOARD establishes the "regulatory flood protection elevation".

   FRONT FACADE. See PRIMARY FACADE.

   FRONTAGE. The side(s) of a lot abutting a legally accessible public or private street right-of-way.

   FRONTAGE ROAD. A local street or road that is parallel to a full or partial access controlled street facility and functions to provide controlled access to adjacent land.

   FUNCTIONALLY DEPENDENT FACILITY. A facility, which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking, or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

   GARAGE. An outbuilding or accessory structure used for the parking or storage of vehicles.

   GARAGE, REAR-LOADED. An outbuilding or accessory structure that faces the rear of the lot for the purpose of parking vehicles.

   GARAGE, SIDE-LOADED. An outbuilding or accessory structure that faces the side of the lot for the purpose of parking vehicles.

   GARAGE, STREET-FACING. An outbuilding or accessory structure that faces the street from which the structure derives its street address for the purpose of parking vehicles.

   GENERAL USE ZONING DISTRICT. A zoning district that permits all of the general uses allowed in that district as well as special uses allowed in that district, provided that all of the specified conditions are met.

   GLARE. The reflection or harsh, bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to cause annoyance, discomfort or loss in visual performance and visibility.

   GLAZING. The portion of an exterior building surface occupied by glass or windows.

   GRADE. A reference plane representing the average of finished ground level adjacent to any structure.

   GRADING. Any operation or occurrence by which the existing site elevations are changed, or where any ground cover, natural or human-made, is removed, or any buildings or other structures are removed, or any watercourse or body of water, either natural or human-made, is relocated on any site, thereby creating an unprotected area. The term GRADING is interchangeable with LAND-DISTURBING ACTIVITY.

   GREENWAY. Public open space owned and maintained by the local government which has been designated on an officially adopted greenway plan.

   GROUND COVER. A prostrate plant growing less than two feet in height at maturity that is grown for ornamental purposes. GROUND COVERS are used as an alternative to grasses. On slopes, GROUND COVERS control erosion while eliminating the maintenance of mowing on hillsides. Many GROUND COVERS survive in poor soils, shade and other adverse conditions.

   GROUP CARE FACILITY. See § 155.0703(N). A facility licensed by the state (by whatever name it is called, other than “Family Care Home” as defined by the UDO), with support and supervisory personnel that provides room and board, personal care or habilitation services in a family environment for not more than 30 people.

   GROUP DEVELOPMENT. A development in which, in lieu of division of a tract of land into separate lots of record for separate principal buildings, a tract of land is divided into two or more principal building sites for the purpose of building development (whether immediate or future), and occupancy by separate families, firms, businesses or other enterprises. Examples include multi-family developments, shopping centers and office and business parks. The requirements for special use permits for GROUP DEVELOPMENTS vary by the specific type of group development.

   HABITABLE FLOOR. Any floor useable for living purposes which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.

   HALFWAY HOUSE. See § 155.0703(N). A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. § 35-17(30)), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to those persons, all of whom live together as a single housekeeping unit.

   HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.

   HAZARDOUS OR TOXIC SUBSTANCE. Any solid waste as defined in G.S. § 130A-290(18), or any substance regulated under the Federal Toxic Substance Control Act of 1976, (PL 94-476), as amended from time to time, which because of its quantity, concentration or physical chemical or infectious characteristic(s) may: cause or significantly contribute to an increase in serious irreversible or incapacitating illness; or pose a substantial present or potential threat to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

   HAZARDOUS WASTE GENERATOR. Any person whose act or process produces hazardous waste or toxic substance identified or listed in Part 261 of the North Carolina Hazardous Waste Management Rules or whose act first causes a hazardous waste or toxic substance to become subject to regulation, provided that GENERATOR does not include a facility which accepts hazardous waste or toxic substances for the purpose of treatment, storage or disposal, and in that process creates a different hazardous waste or toxic substance.

   HAZARDOUS WASTE LONG-TERM STORAGE FACILITY. Any facility or any portion of a facility constructed for storage of the residuals of the treatment of hazardous waste, on or in land.

   HAZARDOUS WASTE MANAGEMENT. The systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous wastes.

   HAZARDOUS WASTE MANAGEMENT FACILITY. As defined in G.S. Ch. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste.

   HAZARDOUS WASTE TREATMENT FACILITY. A facility which is established and operated for the recovery, recycling, treatment, storage during collection and prior to treatment, short-term storage after treatment, collection, processing, volume reduction, source separation or transportation used exclusively in connection with the facility, of hazardous waste; and which facility includes several of the following equipments and processes: incinerators, rotary kilns, drum handling, washing and crushing facilities, raw waste tank storage, reduction, neutralization, detoxification, wastewater treatment facilities, including settling systems, aerobic digesters, anaerobic digesters, clarifiers, neutralization facilities, solidifying facilities, evaporators, reactions to facilities “reuse” or recycling, analytical capabilities and other similar appropriate technologies, activities and processes as may now exist or be developed in the future.

   HEALTH CENTERS. See CLINIC.

   HEIGHT, BUILDING. The vertical distance measured from the average grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof, or to the mean height level between the eaves and ridges of a gable, hip or gambrel roof.

   HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

   HIGHWAY. A traffic artery designed primarily to carry heavy volumes of through vehicular traffic.

   HISTORIC STRUCTURE. Any structure that is:

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or

      (4)   Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”. Certified Local Government (CLG) Programs are approved by the US 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.

   HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof nor adversely impact the surrounding neighborhood. See § 155.0704(B).

   HOMELESS SHELTER. A facility operating year-round which provides lodging and supportive services including, but not limited to, a community kitchen; assistance in obtaining permanent housing; medical counseling, treatment and/or supervision; psychological counseling, treatment and/or supervision; assistance in recuperating from the effects of or refraining from the use of drugs and/or alcohol; nutritional counseling; employment counseling; job training and placement; and child care for indigent individuals and/or families with no regular home or residential address; and which complies with the following requirements: the facility shall be contained within the building and operated by a government agency or non-profit organization; a minimum floor space of 50 square feet shall be provided for each individual sheltered; and the facility operator(s) shall provide continuous on-site supervision by an employee(s) and/or volunteer(s) during the hours of operation.

   HOMEOWNERS (OR PROPERTY OWNERS) ASSOCIATION. A private, non-profit corporation of homeowners or property owners formally constituted for the purpose of owning, operating and maintaining common properties. Also known as a DECLARATION OF UNIT OWNERSHIP in a condominium development.

   HORSE SHOW. A temporary equestrian activity that is not conducted in conjunction with a riding academy.

   HOSPITAL. A building or complex of buildings wherein medical services are provided on an out-patient and overnight room and board guest basis and wherein the sick and injured are given medical and/or surgical care.

   HOTEL or MOTEL. An establishment providing guest rooms for lodging, typically on less than a weekly basis, with no or minimal kitchen facilities in the guest rooms. A HOTEL or MOTEL may include accessory uses such a restaurant, recreational facilities and fitness centers.

   IMPERVIOUS SURFACE. A surface that generally does not allow precipitation to infiltrate into the soil, including, but not limited to, buildings, pavement, gravel roads, parking areas and recreation facilities. Wooden-slatted decks and the water area of swimming pools are considered “pervious surfaces”.

   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 DISCHARGE. The discharge of industrial process treated wastewater or wastewater other than sewage and includes:

      (1)   Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource;

      (2)   Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants;

      (3)   Stormwater will not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater; or

      (4)   Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program.

   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.

   INFILL DEVELOPMENT. New development or redevelopment of buildings and structures on vacant or underused lots within areas containing existing structures.

   INTENSITY. The number of square feet per acre by land use type with respect to nonresidential land uses.

   INTENSIVE COMMERCIAL. A business use that has a gross floor area of greater than 10,000 square feet.

   JUNK/SALVAGE YARD. The use of more than 200 square feet of the area of any lot for the open or visible storage, keeping or abandonment of junk, including scrap metals or other materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

   JUNKED MOTOR VEHICLE. A motor vehicle that does not display a current license plate and is one or more of the following: is partially dismantled of wrecked; or cannot be self-propelled or moved in the manner in which it originally was intended to move; or more than five years old and appears to be worth less than $100; provided that any motor vehicle used on a regular basis for business or personal use shall not be caused to be removed or disposed.

   KENNEL. A commercial operation that: provides food and shelter and care of animals for purposes not primarily related to medical care (a KENNEL may or may not be run by or associated with a veterinarian); or engages in the breeding of animals for sale.

   LAKE or NATURAL WATERCOURSE. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.

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

   LAND DEVELOPMENT REGULATION. Any ordinance enacted pursuant to G.S. Chapter 160D.

   LAND-DISTURBING ACTIVITY. Any use of land by any person or entity for residential, industrial, educational, institutional, business or commercial development or highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. The term specifically includes grubbing, stump removal and/or grading.

   LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A Article 9. For the purpose of the UDO, this term does not include composting facilities.

   LANDFILL, DEMOLITION AND CONSTRUCTION DEBRIS. A disposal site for stumps, limbs, leaves, concrete, brick, wood and uncontaminated earth. Disposal of any other types of wastes must be approved by the State Division of Health Services.

   LANDFILL, DISCHARGING. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

   LANDFILL, LAND CLEARING AND INERT DEBRIS (LCID). 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.

   LANDFILLS, OTHER THAN SANITARY. Landfills that solely contain noncombustible or non-biodegradeable solid waste materials.

   LANDFILL, SANITARY/SOLID WASTE. A site for solid waste disposal from residential, industrial or commercial activities. Sanitary landfills use methods of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day’s operation, or more frequent intervals if necessary.

   LANDOWNER or PROPERTY OWNER. The holder of the title in fee simple. Absent evidence to the contrary, the City will 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.

   LANDSCAPING. The process or product of site development including but not limited to grading, installation of plant materials, and seeding of turf or ground cover. LANDSCAPING includes any live plant material such as trees, shrubs, ground cover and grass used in spaces void of any impervious material or building structure and areas left in their natural state.

   Ldn. The mathematical symbol for DNL.

   LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under the City of Havelock UDO. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Chapter 160D, Article 10.

   LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.

   LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

      (1)   Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

      (2)   Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

      (3)   Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

      (4)   Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

   LIGHT DUTY TRUCK. Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:

      (1)   Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

      (2)   Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

      (3)   Available with special features enabling off-street or off-highway operation and use.

   LIMIT OF MODERATE WAVE ACTION (LIMWA). The boundary line given by FEMA on coastal map studies marking the extents of Coastal A Zones (CAZ).

   LINER BUILDINGS. A series of smaller buildings located along the primary facade of a larger structure or as stand-alone perimeter structures positioned to break up the structure’s mass.

   LOCAL GOVERNMENT. The City of Havelock.

   LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word LOT includes the words PARCEL, TRACT or PLOT.

   LOT AREA. The total area circumscribed by boundaries of a lot except that when the legal instrument creating a lot shows the boundary of the lot extending into a public road or private right-of-way, then the lot boundary for purposes of computing the lot area shall be the road right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the road.

   LOT, CORNER. A lot abutting two or more roads at their intersection. Also defined as a lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a building permit. Setback requirements for street side yards on CORNER LOTS shall equal the front yard requirements for that district.

   LOT COVERAGE. The portion of a lot covered by building(s) and/or structure(s).

   LOT DEPTH. The mean horizontal distance between the front and rear lot lines. Also the distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the lot.

   LOT, DOUBLE-FRONTAGE/THROUGH. A continuous (through) lot that is accessible from both of the streets upon which it fronts, and the streets do not form an intersection at any corner of the lot. The front yard shall be determined by the primary entrance to the primary structure and by the yard, which identifies the address of the lot. The rear yard shall be the yard opposite of the front yard.

   LOT, FLAG. A lot, created by a subdivision, with less street frontage than is required for this district by the UDO and composed of a narrow “flagpole” strip extending from the street and a much wider “flag” section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a FLAG LOT, the lot line at the end of the flag pole lying generally parallel to the street to which the flagpole connects shall be considered to be the front lot line for setback purposes.

   LOT, FRONTAGE. The uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of intersection of the side line of the rights-of-way. If a lot has frontage on more than one street, frontage on one street only may be used to satisfy the minimum lot frontage.

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

   LOT LINE, FRONT. The boundary line of a lot running along a road right-of-way. If a lot has two or more property lines which are also road right-of-way lines abutting different roads, then the road side to which the property address has been assigned shall constitute the FRONT LOT LINE. If no property address has been assigned, the FRONT LOT LINE shall be determined by the property owner if the front property line has not been designated on a final plat (minimum building lines are construed to designate the FRONT LOT LINE).

   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 the county, or a lot described by metes and bounds, the description of which has been so recorded.

   LOT, REVERSE FRONTAGE. A through lot which is not accessible from one of the parallel or non intersecting streets upon which it fronts.

   LOT WIDTH. The distance between the side lot lines measured along the line or lines running parallel to the street right-of-way line(s). Also measured as the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

   LOT, ZONE. One or more lots of record in one undivided ownership with sufficient total area, exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and access to permit construction thereon of a principal building together with its required parking and buffer yards.

   LOWEST ADJACENT GRADE (LAG). The lowest elevation of the ground, sidewalk, or patio slab immediately next to the building after completion of the building.

   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or limited storage in an area other than a basement area is not considered a building’s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the UDO.

   LUMEN. A unit of luminous flux. One foot-candle is one lumen per square foot and is roughly equivalent to the light emitted by a 60-watt light bulb. LUMEN output values shall be the initial lumen output ratings of a lamp.

   MANUFACTURED HOME. As defined in G.S. § 143-145(7) a structure, transportable in one or more sections, which in the traveling mode, is eight body feet (2.4 meters) or more in width or 40 body feet (12 meters) or more in length, or, when erected on site, is 320 or more square feet (28.8 square meters), and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating and electrical systems contained therein. The term shall include any structure which meets the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the U.S. Department of Housing and Urban Development and complies with the Federal Manufactured Home Construction and Safety Standards. This definition should not be interpreted to include any types of recreational vehicles (including so-called park models or travel trailers) which may equal or exceed the body length, width or area specified herein.

   MANUFACTURED HOME PARK. A group development site with required improvements and utilities for the long-term location of two or more manufactured dwellings for rental purposes, which development may include services and facilities for the residents.

   MANUFACTURED HOME SPACE. A designated area of land within a manufactured dwelling park designed for the accommodation of a single manufactured dwelling in accordance with the requirements of the UDO.

   MANUFACTURED HOME SUBDIVISION. A subdivision containing two or more building lots that are specifically designed to be sold for residential occupancy by manufactured home owners.

   MARKET VALUE. The building value, not including the land value and that of any accessory structures or other improvements on the lot. MARKET VALUE may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

   MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

   MEAN SEA LEVEL. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

   MICRO WIRELESS FACILITY. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

   MINING. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of mineral, ores, soils and other solid matter from its original location; and/or the preparation, washing, cleaning or other treatment of minerals, ores or other solid matter so as to make them suitable for commercial, industrial or construction use.

   MISCELLANEOUS SHOPPING GOODS STORES. A retail trade use category that includes sporting goods stores and bicycle shops; stationery stores; jewelry stores; hobby, toy and game shops; camera and photographic supply stores; gift, novelty and souvenir shops; luggage and leather goods stores; and sewing, needlework and piece goods stores.

   MIXED USE. A mixed use is one in which a residential use and a commercial use may exist in the same unit. This definition does not exempt permitted mixed uses from complying with the State Building Code.

   MIXED-USE BUILDING. A structure containing a residential use and a commercial, institutional or industrial use.

   MIXED-USE DEVELOPMENT. A tract of land or structure developed for both residential and nonresidential uses. Those uses may be vertically integrated within a multi-story building or horizontally integrated within a single story building or on a lot or development site.

   MOBILE STRUCTURE. A transportable, prefabricated building constructed and designed for transportation on its own chassis after fabrication and intended for other than residential use. These buildings may or may not have toilet and washroom facilities and connections to plumbing outlets. Examples include, but are not limited to: mobile classrooms, mobile clinics, mobile professional offices and mobile sales offices. These structures shall meet Underwriters Laboratory certification and all state and local codes for mobile home construction, registration, foundations and anchoring. This definition does not include modular units transported on a flatbed or other trailers which meet conventional construction standards.

   MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site. For purposes of the UDO, a MODULAR HOME is treated as a site-built dwelling.

   MOTOR VEHICLE. Any and all machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.

   MULTI-FAMILY DWELLING. See DWELLING, MULTI-FAMILY.

   MULTI-TENANT BUILDING. A building that is used for two or more occupancies, provided each occupancy is separated by construction having fire-resistive ratings in compliance with the State Building Code.

   MULTI-USE FACILITY. A facility containing more than two stores, service establishments, offices or other permitted uses planned, organized and managed to function as a unified whole and featuring all of the following.

      (1)   Common driveways;

      (2)   Common parking;

      (3)   Common signage plan; and

      (4)   Common landscaping plan.

   NATURAL EROSION. The wearing away of the earth’s surface by water, wind or other natural agents under natural environmental conditions undisturbed by humans.

   NEW CONSTRUCTION (1) Structures for which the "start of construction" commenced on or after the effective date of the UDO, including any subsequent improvements to the structures. (2) For purposes of § 156.02, the "start of construction" commenced on or after April 28, 1987, effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

   NIGHT CLUB. An establishment which serves alcoholic beverages and provides live entertainment, a floor show or music and space for dancing.

   NLR. Noise level reduction (outdoor to indoor) to be achieved through the incorporation of noise attenuation into the design and construction of the structure.

   NOISE CONTOUR LINE. A line linking together a series of points of equal cumulative noise exposure based on the Ldn metric. Aircraft noise contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft and typical runway usage patterns.

   NOISE CONTOUR ZONE. Any area of land or water that is between two noise contour lines. Also referred to as NOISE OVERLAY ZONE.

   NONCONFORMING. A lot, structure, sign or use of land, which is now prohibited under the terms of the UDO, but was lawful at the date of the UDO’s enactment, or any amendment or revision thereto.

   NONCONFORMING BUILDING or DEVELOPMENT. Any legally existing building or development which fails to comply with the current provisions of the UDO.

   NONCONFORMING LOT(S). A lot of record that does not conform to the dimensional requirements of the zoning district in which it is located. The nonconformity may result from adoption of the UDO or any subsequent amendment.

   NONCONFORMING PROJECT. Any structure, development or undertaking that is incomplete at the effective date of the UDO and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

   NONCONFORMING SITUATION. A situation that occurs when, on the effective date of the UDO, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a NONCONFORMING SITUATION may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with the UDO, because signs do not meet the requirements of the UDO, or because land or buildings are used for purposes made unlawful by the UDO.

   NONCONFORMING STRUCTURE(S). A structure that does not conform to the requirements of the UDO. The nonconformity may result from adoption of the UDO or any subsequent amendment.

   NONCONFORMING USE. A use which once was a permitted use on a parcel of land or within a structure, but which is not now a permitted use. The nonconformity may result from the adoption of the UDO or any subsequent amendment.

   NONCONFORMITY, DIMENSIONAL. A nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

   NON-CONVERSION AGREEMENT. A document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has been completed.

   NON-ENCROACHMENT AREA. The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.

   NON-PROCESS DISCHARGE. Industrial effluent not directly resulting from the manufacturing process. An example would be non-contact cooling water from a compressor.

   NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.

   NONRESIDENTIAL ZONING DISTRICT. The following general use and conditional use zoning districts: H-C Highway Commercial, O&I Office and Institutional, H-I Heavy Industrial, L-I Light Industrial, MR Military Reservation, GS Government Services and PD-S Planned Development Shopping Center.

   NONTRADITIONAL RESIDENTIAL LOT DEVELOPMENT. A development that contains walkable neighborhoods, unique design and a range of housing types. See development types listed §§ 155.0703(B) through 155.0703(R). For the purposes of the UDO, a NONTRADITIONAL RESIDENTIAL LOT DEVELOPMENT is also land under unified control to be planned and developed substantially as a whole:

      (1)   As a single development operation or a definitely programmed series of development operations, including all lands and buildings within the single development operation;

      (2)   For principal and accessory structures and uses substantially related to the character of the development;

      (3)   According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to buildings; and

      (4)   With a program for provision, operation and maintenance of the areas, facilities and improvements as will be for common use by some or all of the occupants of the development, but will not be provided, operated or maintained at general public expense.

   NURSING HOME. An establishment which provides full-time convalescent or chronic care, or both, to persons who are not related by blood or marriage to the operator, or who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

   OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

   OFFICE USE. An establishment primarily engaged in providing professional, financial, administrative, clerical and similar services.

   OFFICIAL MAPS OR PLANS. Any maps, plans, charts or text officially adopted by the Havelock Board of Commissioners as a guide for the development of the city and surrounding area. The Comprehensive Plan, Land Development Plan and Thoroughfare Plan are three examples of an official map or plan.

   OFF-SITE. Any area not contained within the boundaries of the site being developed, whether or not the developer owns the land.

   OPACITY. A measurement indicating the degree of obscuration of light or visibility.

   OPAQUE SCREEN. A device or materials, unable to been seen through, that is used to conceal one element of a development from other elements or from adjacent or contiguous development or rights-of-way.

   OPEN SPACE. All land area not covered by buildings, structures, parking area or street. Also defined as an area of land and/or water which is generally unimproved and is reserved for recreation, resource protection, amenity or buffer purposes.

   OPEN STORAGE. An unroofed storage area, whether enclosed by fence or not.

   OTHERWISE PROTECTED AREA (OPA). See COASTAL BARRIER RESOURCES SYSTEM (CBRS).

   OUTDOOR DISPLAY AND SALES. The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.

   OUTDOOR RELIGIOUS EVENT. An activity of a religious organization that is conducted outdoors as a free-standing use and is not an accessory use to a principal use such a church or other place of worship. An example of an OUTDOOR RELIGIOUS EVENT would be a tent revival.

   OUTDOOR STORAGE. The keeping, in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles or equipment for sale in a sales lot.

   OVERLAY ZONING DISTRICT. A zoning district which overlaps one or more general and/or conditional zoning districts. OVERLAY ZONING DISTRICTS impose additional regulations on property located within general and/or conditional use districts.

   OWNER. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.

   PARALLEL ACCESS DRIVE. A minor local street which parallels a main street, and is intended to be used primarily for vehicular service access to the rear or side of properties otherwise abutting on a public street.

   PARAPET WALL. The portion of a building wall that extends above the roofline. PARAPET WALLS are often used to shield mechanical equipment and vents.

   PARK. A recreation area in public or private ownership that is operated for the convenience and recreation of the public, and containing the facilities as the owning public or private agency or party shall see fit.

   PARKING, SHARED. Off-street parking facilities shared by two or more uses that are in proximity to one another and the parking area, and that have different operational characteristics such that utilization of the parking facilities by one use will not generally overlap with the utilization of the parking area by the other use(s).

   PARKING LOT. Part of a development that is designed and designated as a place to park motor vehicles.

   PARKING LOT PLANTINGS. Planting areas within and adjacent to parking areas designed to shade and improve the attractiveness of large areas of pavement.

   PARKING SPACE. A space suitable to accommodate one automobile, plus the necessary access space. It shall always be off-street, that is, located outside the public right-of-way.

   PATIO. A court or terrace, often paved, that is open to the sky and adjoins a dwelling.

   PEDESTRIAN WAY. A right-of-way or easement dedicated to public use to facilitate pedestrian access to adjacent streets and properties.

   PERENNIAL WATERS. Waters as identified on recent USGS topographic maps which are free flowing for the entire year.

   PERFORMANCE GUARANTEE. Any form of security, including a surety bond, letter of credit or other form of guarantee in an amount approved by the city for use in place of actual construction of required improvements. The type of performance guarantee shall be at the election of the developer. Also referred to as SURETY.

   PERMIT-ISSUING AUTHORITY/BOARD. The person or board authorized by the UDO to issue a permit in accordance with the requirements of the UDO.

   PERSON. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board or public or private institution, utility, cooperative, interstate body or other legal entity.

   PERSON ENGAGED IN OR CONDUCTING LAND-DISTURBING ACTIVITY. The individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body or other legal entity, financially responsible for the land-disturbing activity.

   PERSON WITH DISABILITIES. A person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.

   PERSONAL SERVICES. Establishments that primarily engage in providing services generally involving the care of the person or person’s possessions. PERSONAL SERVICES may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons and portrait studios.

   PERVIOUS SURFACE. A surface that absorbs water or allows the passage of water through it to the ground below.

   PETITIONER. Any person or entity that requests any administrative action or approval as allowed under the UDO. Also referred to as the APPLICANT.

   PHASE OF GRADING. One of two types of grading, rough or fine.

   PIER. Posts, columns or similar devices designed to elevate a building or structure above the grade level.

   PILASTER. A rectangular column with a capital and base that is attached or affixed to a wall as an ornamental design feature.

   PLAN. Erosion and sedimentation control plan.

   PLAN, CONSTRUCTION. The map and accompanying text, prepared and submitted under the prescribed conditions set forth in the UDO, which details required improvements such as streets, utilities, fire hydrants and street lighting.

   PLAN, DRAINAGE. The portion of a construction plan that illustrates the proposed system designed to provide adequate surface and subsurface drainage for a proposed development.

   PLAN, EROSION AND SEDIMENTATION CONTROL. A plan that outlines the procedure designed to control accelerated erosion and sedimentation resulting from certain land-disturbing activities.

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

   PLAN, PLOT. The map and accompanying text required for the review of a single-family or two-family dwelling. The information required to be included on a plot plan is delineated in Appendix A.

   PLAN, SITE. The map and accompanying text required for the review of the proposed installation of improvements for all uses, other than a single-family or two-family dwelling, as well as for the review of a change of use. The information required to be included on a site plan are delineated in Appendix A.

   PLANNING BOARD. The Planning Board of the City of Havelock.

   PLANNING AND INSPECTIONS DIRECTOR. The Director of the Planning and Inspections Department of the city.

   PLANTER. A decorative container for a plant or small tree.

   PLANTING AREA. The landscape area prepared for the purpose of accommodating the planting of trees, shrubs and ground covers.

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

   PLAZA. An open space that may be improved and landscaped; usually surrounded by streets and buildings.

   PORCH. A projection from an outside wall of a dwelling that is covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) for the purpose of providing shade or shelter from the elements.

   PORTABLE STORAGE CONTAINER. See TEMPORARY PORTABLE STORAGE CONTAINER.

   PORTICO. A porch or walkway with a roof supported by columns, often leading to the entrance of a building.

   POST-FIRM. Construction or other development for which the "start of construction" occurred on or after May 4, 1987, the effective date of the initial Flood Insurance Rate Map.

   PRECONSTRUCTION LOT CLEARING. The removal of plant material including trees, shrubs, ground cover, stumps, roots and the like.

   PRE-FIRM. Construction or other development for which the "start of construction" occurred before May 4, 1987, the effective date of the initial Flood Insurance Rate Map.

   PRIMARY ENTRANCE. The place of ingress and egress to a building, parcel or development used most frequently by the public or facing the street from which the structure obtains its street address.

   PRIMARY FACADE. The side of the building containing the primary entrance, or the side of a building facing the street from which the building derives its street address.

   PRIMARY FACADE MATERIALS. The predominant or most extensive exterior building materials used to clad a building facade.

   PRINCIPAL BUILDING. A building in which is conducted the principal use of the zone lot on which it is located or, in a group development, of the building site on which it is located. Any dwelling is considered a PRINCIPAL BUILDING, unless it is an accessory dwelling in compliance with Chapter 155.

   PRINCIPAL DWELLING. Any principal building or structure which is used and designed for human habitation including living, sleeping, cooking and eating activities excluding dormitories, hotels, motels, shelters for the homeless or other structures designed for transient residents.

   PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.

   PRIVATE DRIVE. A vehicular travelway not dedicated or offered for dedication as a public street, providing access to parking lot(s) for two or more principal buildings in a group housing or group nonresidential development.

   PRIVATE SEWER. A system which provides for collection and/or treatment of wastewater from a development, or property, and which is not maintained with public funds.

   PRIVATE WATER SYSTEM. A system which provides for the supply and/or distribution of potable water for use by a development, project or owner, and which is not operated or maintained by a government organization or utility district.

   PRUNING. The practice of removing diseased, non-productive or otherwise unwanted portions from a tree.

   PUBLIC BUILDING OR USE. Any facility, including, but not limited to, buildings, property and streets, that are leased or otherwise operated or funded by a governmental body or public entity.

   PUBLIC FACILITIES. A use conducted by, or a facility owned by a governmental agency that provides a governmental function, activity, service or public benefit.

   PUBLIC HEARING. A legally required, advertised meeting at which an appointed or elected board accepts public comment about matters relating to the UDO.

   PUBLIC SAFETY and/or NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

   PUBLIC SAFETY COMMUNICATIONS TOWER. A telecommunications tower utilized by the federal government, state government, local government or a non-governmental entity engaged in public safety activities. Public safety activities include, but are not limited to, homeland security, law enforcement, emergency management, fire protection and emergency medical services.

   PUBLIC SEWER SYSTEM. A system which provides for the collection and treatment of sanitary sewage from more than one property, and is owned and operated by a government organization or sanitary district.

   PUBLIC WATER SYSTEM. A system which provides distribution of potable water for more than one property and is owned and operated by a government organization or utility district.

   PUBLIC WORKS AND UTILITIES DIRECTOR. The Director of the Public Works Department of the City of Havelock, North Carolina.

   QUALIFIED SMALL WIRELESS FACILITY. See SMALL WIRELESS FACILITY.

   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.

   RECESSED ENTRANCE. A point of access into or out of a structure located behind the primary front facade plane.

   RECREATION FACILITIES. A broad classification which includes, but is not limited to: parks, playgrounds, tot lots and the wide range of required recreational equipment necessarily accompanying these recreation facilities.

   RECREATION, INDOOR. A broad classification which includes a wide variety of recreational activities designed for housing in an enclosed building. Examples are: bowling alleys, movie houses, museums, pool halls and archery lanes.

   RECREATION SPACE. The part of the open space which is specifically designed to serve the needs of residents of the district with active recreation which may include, but is not limited to, swimming, tennis, golf and ball fields.

   RECREATIONAL VEHICLE (RV). A vehicle, which is:

      (1)   Built on a single chassis;

      (2)   Licensed and ready for highway use;

      (3)   Four hundred square feet or less when measured at the largest horizontal projection;

      (4)    Designed to be self-propelled or permanently towable by a light duty truck; and

      (5)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

      For purposes of this ordinance, "Tiny Homes/Houses" and Park Models that do not meet the items listed above are not considered RECREATIONAL VEHICLES and should meet the standards of and be permitted as Residential Structures.

   RECREATIONAL VEHICLE, MAJOR. A broad classification which includes boats and boat trailers, travel trailers, motor homes, pick-up campers or coaches designed to be mounted on motor vehicles or movable frameworks, tent trailers and the like.

   RECREATIONAL VEHICLE, PARK MODEL.

      (1)   Built on a single chassis;

      (2)   Unlicensed for independent highway use;

      (3)   Designed to be towable only by a separately licensed truck, like a manufactured home;

      (4)   Four hundred square feet or less when measured at the largest horizontal projection; and

      (5)    Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

      RECREATIONAL VEHICLE PARK. Any site or tract of land, of contiguous ownership, upon which 15 or more recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth in the UDO.

   RECREATIONAL VEHICLE SPACE. A plot of land within a recreational vehicle park designed for the accommodation of one recreational vehicle in accordance with the requirements set forth in the UDO.

   RECYCLING COLLECTION STATION OR POINT. An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources and does not include on-site materials processing.

   RECYCLING MATERIALS CENTER/ PROCESSING FACILITY. An establishment primarily engaged in: operating facilities for separating and sorting recyclable materials from nonhazardous garbage; and/ or operating facilities where commingled recyclable materials such as paper, plastics, used beverage cans and metals are sorted into distinct categories.

   REFERENCE LEVEL. The top of the lowest floor for structures within Special Flood Hazard Areas designated as A, AE, AH, AO, and A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within Special Flood Hazard Areas designated as Zone VE.

   REGULATED MOTOR VEHICLE. Any motor vehicle that does not display a proper current license plate and is partially dismantled or wrecked or does not have a proper current state inspection sticker or is more than five years old and appears to be worth less than $100; or is substantially dismantled or cannot be self-propelled or moved in the manner in which it originally was intended to move.

   REGULATED TREE.

      (1)   The subsurface roots, crown and trunk of any self-supporting woody plant such as a canopy tree, which usually has one main stem or trunk, and has a measured caliper of at least:

         (a)   Eight inches: hardwood trees, such as an oak, maple and the like; and

         (b)   Twelve inches: pine trees, such as a loblolly pine.

      (2)   Any understory tree, such as dogwood, with a measured caliper of at least four inches; and

      (3)   Any tree having several stems or trunks, such as crape myrtle, and at least one defined stem or trunk with a measured caliper of at least two inches.

   REGULATED VEGETATION. Existing trees and shrubs located on a lot that is regulated by this subchapter and/or proposed landscaping to include but not limited to trees and shrubs.

   REGULATORY FLOOD PROTECTION ELEVATION. The "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade.

   REMEDY A VIOLATION. For purposes of § 156.02, to bring the structure or other development into compliance with state or community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during any ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

   RESERVATION. An obligation shown on a plat or site plan to keep property free from development and available for public acquisition for a stated period of time. It is not a dedication nor a conveyance. A RESERVATION of land does not involve any transfer of property rights.

   RESIDENTIAL CHARACTER. A building form, neighborhood or area that is intended primarily for habitation, and includes human-scaled detailing, pedestrian orientation and attributes intended to encourage human activity and interaction.

   RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages and their associated outbuildings such as garages, storage buildings, gazebos and the like.

   RESIDENTIAL DISTRICT OR RESIDENTIAL ZONING DISTRICT. The following general use and conditional zoning districts: RA, RA-20, R-20, R-13, R-12, R-10, R-7 and R-6.

   RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Management Commission.

   RESTAURANT. An establishment engaged in the retail sale of prepared food and drinks for consumption on the premises or for carryout.

   RESTAURANT, CONVENTIONAL. An eating establishment open to the general public which:

      (1)   Has sales of prepared and/or packaged foods, in a ready to consume state, in excess of 50% of the total gross receipts for the establishment during any month;

      (2)   Does provide sit down dining area(s);

      (3)   May have as an ancillary or accessory use a full service bar, live or recorded amplified music, floor show and dancing area which is open to the restaurant patrons and general public and is limited to the hours of operation of the principal use restaurant; and

      (4)   Does provide attendant (waiter/waitress) food delivery services.

   RESTAURANT, DRIVE-THROUGH. An establishment where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food restaurant offering quick food service, where food and beverage orders may be served directly to the customer in a motor vehicle at a drive-through window.

   RESTAURANT, FAST-FOOD. An eating establishment open to the general public which:

      (1)   Does not qualify as a conventional restaurant by definition;

      (2)   Has sales of prepared and/or packaged foods, in a ready to consume state, in excess of 50% of the total gross receipts for the establishment during any month;

      (3)   May provide a sit down dining area(s);

      (4)   May provide drive thru or window service for the sale of food; and

      (5)   May provide attendant (waiter/waitress) food delivery services.

   RETAIL. Of, relating to or engaged in the sale of goods or commodities.

   RETAIL AND COMMERCIAL USES. Establishments primarily engaged in the sale of goods and materials to the general public.

   RETAINING WALL. A structure, either masonry, metal or treated wood, designed to prevent the lateral displacement of soil, rock, fill or other similar material.

   RETREAT/CONFERENCE CENTER. A use primarily intended for transient guests where the primary attractions are generally conference and meeting facilities and recreational activities and features. A RETREAT/CONFERENCE CENTER may include a mixture of such uses as: conference centers; assembly halls; indoor and outdoor recreational facilities, including but not limited to golf courses, swim and tennis clubs, and physical fitness centers; hotel and motels; restaurants; and incidental support retail businesses.

   REZONING. See ZONING MAP AMENDMENT.

   RIDING ACADEMY. A commercial facility or school that is open to the general public and offers such activities as riding lessons, horse training and boarding of horses. For purposes of the UDO, RIDING ACADEMY does not include the keeping of horses for personal use.

   RIGHT-OF-WAY. The land on which a public street is built or planned.

   RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

   ROOF FORMS. The type, arrangement of ridges or parapet walls, or materials used on a roof.

   ROOF LINE. The highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.

   ROOMING HOUSE. See § 155.0703(K). A building or part thereof, not a hotel or inn, in which five or more boarders are housed in sleeping rooms that are available for hire as lodging with or without meals. Where equipment for cooking or provisions for the same are included in a sleeping room, the room shall be deemed a dwelling unit.

   SALVAGE YARD. Nonresidential property used for the storage, collection and/or recycling of any type of equipment whatsoever, whether industrial or noncommercial, and including, but not limited to, vehicles, appliances and related machinery.

   SALVAGE YARD, AUTO PARTS. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5015. Also, any land or area used, in whole or part, for the storage, keeping, accumulation, dismantling, demolition or abandonment of inoperable vehicles or parts therefrom.

   SALVAGE YARD, SCRAP PROCESSING. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5093. Also, any land or area used, in whole or part, for the storage, keeping, accumulation of scrap or waste materials, including scrap metals, waste paper, rags, building materials, machinery or other scrap materials.

   SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

   SATELLITE DISH ANTENNA. A parabolic or dish-shaped antenna that is designed for the purpose of receiving electronic signals. SATELLITE DISH ANTENNA that are less than two meters in diameter and located within commercial or industrial zoning districts and less than one meter in diameter and located within residential or residential-office districts are not included in this definition.

   SCALE OF DEVELOPMENT. The relationship of a particular project or development, in terms of size, height, bulk, intensity and aesthetics, to its surroundings.

   SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, gates, parapets, penthouse enclosures, features of a building or densely planted vegetation.

   SEARCH RING. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

   SEASONAL SALES. The temporary sale of goods or products associated with the season or a cultural event, such as the sale of Christmas trees, pumpkins or seasonal produce. The sales typically take place in locations not devoted to the sales for the remainder of the year.

   SEATING CAPACITY. The actual seating capacity of an area based upon the number of seats, or one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the SEATING CAPACITY shall be determined as indicated by the State Building Code.

   SECONDARY ENTRANCE. An entrance to a building that is subordinate to the primary entrance and is typically located on a building side that does not face the primary street (the street from which the building obtains its street address).

   SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity or ice from its site of origin.

   SEDIMENTATION. The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.

   SEDIMENTATION CONTROL PERMIT. A permit granted by the state for a person or entity to conduct a land disturbing activity pursuant to the Sedimentation Pollution Control Act of 1973, as amended.

   SERVICE STATION. An establishment primarily engaged in selling gasoline and lubricating oils and which may sell other merchandise or perform minor repair work.

   SETBACK. The minimum required horizontal distance between a structure or activity and the property line, street right-of-way line or street centerline.

   SETBACK, INTERIOR. A setback from any property line not alongside a street.

   SETBACK, REAR. A setback from an interior property line lying on opposite side of the lot from the front street setback. For a through lot, there are front and side setbacks but no REAR SETBACK.

   SETBACK, SIDE. Any interior property line setback other than a rear setback.

   SETBACK, STREET OR FRONT. Any setback from a street, road or lane. In cases where no right-of-way exists, setbacks are determined in accordance with the requirements of Chapter 155.

   SETBACK, ZERO SIDE. An alternate form of dimensional requirements that allows a dwelling unit to have one side setback of zero distance from a side property line. This definition does not include townhouses.

   SEVERE PRUNING. The pruning, cutting or otherwise damaging of the natural form of a tree or shrub, whether existing or planted, such that a significant or noticeable portion of the crown system is removed (e.g., 25% of the crown removed from a tree, or the continued cutting/trimming of trees previously pruned illegally, or pruning of trees that must grow naturally to meet the landscaping requirements), or if more than one-third of the overall circumference of a tree or shrub is exposed by pruning cuts.

   SHALL. Always mandatory and not merely directory.

   SHEAR WALL. Walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). SHEAR WALLS are parallel or nearly parallel to the flow of the water.

   SHED. An unattached one-story accessory building other than a carport with one or more sides left open.

   SHOEBOX-STYLE LIGHTING FIXTURE. An exterior lighting device in the shape of a box that is typically mounted on a pole and constructed to direct illumination to a discrete area directly beneath the lighting fixture.

   SHOOTING RANGE. An area designed and improved to encompass shooting stations or firing lines, target areas, berms and baffles, and other related components.

   SHOOTING RANGE FACILITY. A public or private facility, including individual shooting ranges, safety fans or shotfall zones, structures, parking areas and other associated improvements, designed for the purpose of providing a place for the discharge of various types of firearms or the practice of archery. Does not include incidental target practice areas on private property, turkey shoots, government facilities or occasional “sighting-in” of firearms.

   SHOPPING CENTER. A group of commercial establishments planned, developed and managed as a unit with a unified design of buildings and with coordinated parking and service areas.

   SHRUB. A woody plant or bush between three feet and 12 feet in height that is distinguished from a tree by having several stems rather than a single trunk.

   SIGHT DISTANCE EASEMENT. An easement which grants to the entity responsible for street maintenance the right to maintain unobstructed view across property located at a street intersection.

   SIGHT TRIANGLE. A triangular area formed by the intersection of the protected street lines (right-of-way lines) and a straight line connecting points on the street lines each of which is 25 feet distant from the point of intersection.

   SIGN. Any surface, fabric or device bearing electronic, lettered, pictorial, graphic or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information, including the specific types of signs defined below; the overall organization of the foregoing on the same structure or structures is considered one SIGN.

      (1)   ADVERTISING SIGN. A sign (whether commercial or non-commercial) which directs attention to a business, commodity, service or entertainment conducted, sold or offered as a minor and incidental activity upon the premises where the sign is displayed.

      (2)   BILLBOARD. A sign (whether commercial or non-commercial) which directs attention to and is located other than on the premises where a business, commodity, service or entertainment is conducted, sold or offered, and commonly referred to as a billboard or poster panel structure.

      (3)   BUSINESS SIGN. A sign (whether commercial or non-commercial) which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to types of products sold, manufactured or assembled, and/or to service or entertainment offered on the premises, but not a sign pertaining to the preceding if the activity is only minor and incidental to the principal use of the premises. (See ADVERTISING SIGN.)

      (4)   FIXED SIGN. A sign with a support structure and sign display area permanently attached or affixed in a location. If the message displayed is subject to periodic changes, but the sign support structure is fixed, the sign is a fixed sign. The term PERMANENT SIGN, when used in the UDO, means a FIXED SIGN.

      (5)   HOME OCCUPATION SIGN. A sign used to identify the name of the individual, family, organization or enterprise occupying the home and engaged in a home occupation as permitted in the UDO, or the profession of the occupant.

      (6)   OFF-PREMISES SIGN. A sign (whether commercial or non-commercial) that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located.

      (7)   PORTABLE SIGN. A sign that is not a fixed sign. The term TEMPORARY SIGN, when used in the UDO, means a PORTABLE SIGN.

   SIGN PERMIT. A permit issued by the Zoning Administrator that authorizes the location of a sign.

   SILTATION. Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited or is in suspension in water.

   SINGLE-FAMILY RESIDENTIAL. Any development where: no building contains more that one dwelling unit; every dwelling unit is on a separate lot; and where no lot contains more than one dwelling unit.

   SINGLE TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier or a nonresidential use and to which vehicular access from the rear is usually prohibited.

   SITE EVALUATION TEST. An examination of subsoil used in determining the acceptability of the site for a subsurface waste disposal system and the design of the subsurface disposal field.

   SITE or TRACT. All contiguous land and bodies of water in one ownership, or contiguous property in diverse ownership graded or proposed for grading or development as a unit.

   SITE SPECIFIC VESTING PLAN. A plan of land development submitted for approval by the Board of Commissioners for the purpose of obtaining a vested right pursuant to G.S. § 160D-108.1 (see Chapter 153).

   SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a DWELLING UNIT are not sleeping units.

   SLUCM. Standard Land Use Coding Manual: A Standard System for Identifying and Coding Land Use Activities, Urban Renewal Administration, Housing and Home Finance Agency and Federal Highway Administration, Bureau of Public Roads, Department of Commerce, 1965.

   SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:

      (1)   Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

      (2)   All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.

   SOCIAL SERVICE CENTER. A public institution for dispensing of social service information, foodstuffs or food stamps, welfare services, Social Security services and the like.

   SOLID WASTE. Garbage, refuse and other discarded solid materials.

   SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste by incineration, sanitary landfill or any other method, as defined in G.S. § 130A-290(a)(36).

   SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

   SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Chapter 156.

   SPECIAL PROMOTION. An advertising activity or circumstance of a business which is not part of its daily activities or normal routine, and in which the display or sale of merchandise, wares or other tangible items is the sole purpose for the promotion. SPECIAL PROMOTIONS include grand openings or closeout sales, but do not include reoccurring sales advertisements or other similar publicity.

   SPECIAL TEMPORARY EVENT. A temporary land use activity whose duration is generally longer than one day but no longer than two weeks, is intended to or likely to attract substantial crowds and to generate significant vehicular traffic, is unlike the customary or usual activity generally associated with the property where the special event is be to located. See § 155.0713.

   SPECIAL USE PERMIT. A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of the UDO as well as any additional requirements imposed by the Board of Adjustment. A Special Use Permit (SUP) is 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 special exceptions.

   SQUARE. Formal open space that provides safe and accessible places for the public to meet or gather. It may provide shelters, benches, landscaping, public art, plantings, hardscape (flagstone, brick or concrete patios, stone walls, tile paths, wooden decks, wooden arbors and the like) and greens or other flat level surfaces.

   STABILIZING VEGETATION. Any vegetation that protects the soil against erosion.

   STACKING SPACE. The portion of the parking lot that is dedicated to the temporary storage or “stacking” of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the stacking area.

   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

   STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

   STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in any form.

   STREET, PUBLIC. A dedicated public right-of-way for vehicular traffic which: has been accepted by the city or NCDOT for maintenance; or is not yet accepted, but in which the roadway design and construction have been approved under public standards for vehicular traffic. Alleys are specifically excluded. For all purposes of the UDO and in each and every section and division or divisions where the following words or phrases appear, STREET shall be defined further as follows.

      (1)   MAJOR THOROUGHFARE. Are highways that connect and move traffic between and through urban areas. In addition, major thoroughfares are those roads as identified as such in the City Thoroughfare Plan.

      (2)   MINOR THOROUGHFARE. Move traffic from local, collector and marginal access streets and carry it to the major thoroughfare system. They may supplement the major thoroughfare system by facilitating minor through traffic within an urban area and may also serve abutting property. In addition, minor thoroughfares are those streets identified as such in the Havelock Thoroughfare Plan.

      (3)   ARTERIAL STREET. A major street in the city’s street system that serves as an avenue for the circulation of traffic into, out or around the city and carries high volumes of traffic.

      (4)   COLLECTOR STREET. A street whose principal function is to carry traffic between minor, local 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 100 units and is designed to be used or is used to carry more than 800 trips per day.

      (5)   SUBCOLLECTOR STREET. A street whose principal function is to provide access to abutting properties, but which is also designed to be used or is used to connect local streets with collector or higher classification streets.

      (6)   LOCAL STREET. 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.

      (7)   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 is not impeded by direct driveway access from a large number of abutting properties.

      (8)   CUL-DE-SAC. A street which serves abutting residential land use and which terminates in a turnaround and originates at the intersection with another street.

      (9)   STREET TREE. A tree planted along the street within the development property outside of street right-of-way.

      (10)   STREET YARD. A landscaped area for the required installation of landscaping and screening materials along the street within the development property outside of street right-of-way.

      (11)   STREET RIGHT-OF-WAY. The land on which a public street is built or planned.

   STREET, PRIVATE. A vehicular travelway not dedicated or offered for dedication as a public street, but resembling a cul-de-sac or a local street by carrying traffic from a series of driveways to the public street system.

   STREET, THROUGH. A street that has both ends open to traffic.

   STREET RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines and communication lines.

   STREET RIGHT-OF-WAY LINE(S). The line or lines along which a lot meets the public street right-of-way.

   STREET STUB. A nonpermanent dead end street intended to be extended in conjunction with development on adjacent lots or sites.

   STREET TREE. A tree planted along the street within the development property outside of street right-of-way.

   STREET YARD. A landscaped area for the required installation of landscaping and screening materials along the street within the development property outside of street right-of-way.

   STRUCTURE. Anything constructed, erected or placed, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. Includes walled and roofed buildings, manufactured homes and gas, liquid, or liquified gas storage tanks that are principally above ground.

   SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

   SUBDIVISION.

      (1)   Inclusion. A SUBDIVISION means all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets except as provided in division (2) below.

      (2)   Exclusions. A SUBDIVISION shall not include:

         (a)   The combination or recombination of portions of previously recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as required by the UDO;

         (b)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

         (c)   The public acquisition by purchase of strips of land for the widening or opening of streets;

         (d)   The division of a tract of land in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the city, as required by the UDO;

         (e)   Any tract of land which was divided into two or more lots pursuant to a plat prepared prior to the enactment of this provision on 9-24-1974 and from which tract one or more lots shown on the plat were conveyed of record prior to 9-24-1974; provided, however, that this exception shall not apply to any further division of the tract or lots or the modification of the plat after 9-24-1974, and any further division or modification shall comply with the provisions of the UDO;

         (f)   The conveyance of an independent dwelling unit within any residential building arranged or designed for either two or three or four families living independently (with separate housekeeping, sleeping, and cooking facilities) of each other, so long as each conveyance shall consist of fee simple title to one independent dwelling unit, the portion of the lot which lies directly between the unit and the public street on which the unit fronts, the portion of the lot which lies directly between the unit and the back lot line, and, in the case of end units, the remainder of the open lot which lies directly between the end unit and the side lot line; provided however, there shall be no further division of any independent dwelling unit and that the building in which the dwelling unit is located shall have been constructed in compliance with the firewall standards for townhouse construction in effect within the jurisdiction of the city as of the date of the initial conveyance of the independent dwelling unit; or

         (g)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.

   SUBDIVISION, MAJOR. All subdivisions that are not classified as a minor subdivision (i.e., a major subdivision is a residential subdivision containing a public street, a planned school site according to § 158.089, an Owner’s Association according to § 158.09, or other improvements that must be installed or guaranteed, a nonresidential subdivision, or a residential subdivision containing 11 or more lots).

   SUBDIVISION, MINOR.

      (1)   A residential subdivision involving ten or fewer lots fronting on an existing approved public street(s), not requiring a new street, easement, extension of utilities or any other improvement to be installed or guaranteed prior to final plat approval, and not requiring a waiver or variance from any requirement of the UDO. If a new school site is planned within the boundaries of a proposed subdivision according to § 158.089, or if the subdivider proposes an Owner’s Association according to § 158.09, the plat shall be considered a major plat and follow all requirements and standards for major plats pursuant to the UDO.

      (2)   The subdivision of property conveyed only to the city is a MINOR SUBDIVISION, and a lot conveyed to the city shall not be considered in determining whether a further subdivision of land is a minor subdivision under the forgoing factors.

   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any ten-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

      (1)   Any correction of existing violations of state or community Health, Sanitary or Safety Code specifications which have been identified by the Community Code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (2)   Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure and the alteration is approved by variance issued pursuant to Chapter 159.

   SUBSTANTIAL MODIFICATION. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure.

      (1)   Increasing the existing vertical height of the structure by the greater of (a) more than 10% or (b) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

      (2)   Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (a) more than 20 feet or (b) more than the width of the wireless support structure at the level of the appurtenance.

      (3)   Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

   SUPERSTORE. A freestanding department, variety or general merchandise store that contains 50,000 or more square feet of gross floor space.

   SURETY. See PERFORMANCE GUARANTEE.

   SURVEY. A drawing showing metes and bounds property boundaries and other measurable physical characteristics of a parcel of land, prepared and sealed by a registered surveyor.

   SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches designed, used and maintained for swimming and bathing.

   SYNTHETIC STUCCO. Acrylic, rubber-based material applied over a fiberglass mesh attached to a foam backing used as a facade material. Also known as EIFS (EXTERIOR INSULATED FINISH SYSTEM).

   TAVERN. An establishment which serves alcoholic beverages to be consumed primarily on the premises, the revenues from alcoholic beverages exceeding revenues from food.

   TECHNICAL BULLETIN and TECHNICAL FACT SHEET. A FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.

   It should be noted that TECHNICAL BULLETINS and TECHNICAL FACT SHEETS provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the City Planning and Inspection Department to determine whether more restrictive State or local regulations apply to the building or site in question. All applicable standards of the State or local building code must also be met for any building in a flood hazard area.

   TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, TELECOMMUNICATIONS FACILITIES shall not include:

      (1)   Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or

      (2)   Any satellite earth station antenna one meter or less in diameter, regardless of the zoning category.

   TEMPERATURE CONTROLLED. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

   TEMPORARY BUILDING OR STRUCTURE. Any building of an impermanent nature, or one which is designed for use for a limited time, including any tent or canopy.

   TEMPORARY EVENT. An activity sponsored by a governmental, charitable, civic, educational, religious, business or trade organization which is infrequent in occurrence and limited in duration. Examples include arts and crafts shows, athletic events, community festivals, carnivals, fairs, circuses, concerts, conventions, exhibitions, trade shows, horse shows, outdoor religious events and other similar activities.

   TEMPORARY PORTABLE STORAGE CONTAINER. A purpose-built, fully enclosed, box-like container with signage on one or more of its outer surfaces that is designed for temporary storage of household goods and/or equipment. The containers are uniquely designed for ease of loading to and from a transport truck.

   TEN-YEAR STORM. The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

   TENANT. Any person who alone, or jointly or severally with others occupies a building under a lease or holds a legal tenancy.

   THOROUGHFARE PLAN. A plan adopted by the Board of Commissioners for the development of existing and proposed major streets that will adequately serve the future travel needs of an area in an efficient and cost effective manner.

   TOPPING. The indiscriminate cutting of tree branches to stubs or lateral branches that are not large enough to assume the terminal role. Other names for TOPPING include HEADING, TIPPING, HAT-RACKING and ROUNDING OVER, except as authorized by state law with respect to pruning that is necessary to protect overhead utility lines.

   TOURIST HOME. A private home occupied by the owner or operator, not a hotel or motel, in which sleeping rooms are available for hire as lodging and used by the traveling public on a short-term basis.

   TOWER. A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term TOWER shall not include amateur radio operator’s equipment, as licensed by the FCC, and qualified small wireless facilities.

   TOWER CO-LOCATION. An arrangement whereby more than one user occupies a single tower or structure. (See also COLLOCATION).

   TOWER, COMMUNICATIONS. A structure whose primary purpose is to support communications equipment. This definition includes tower/ antenna/building combinations and the height measurement applies to those combinations. This definition shall not include wire-supporting electric power transmission, telephone poles and qualified small wireless facilities.

   TOWER, LATTICE. A guyed or self-supporting multi-sided, open, steel frame structure used to support communications equipment.

   TOWER, MONOPOLE. A structure composed of a single spire used to support communications equipment.

   TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in the organisms or their offspring or other adverse health effects.

   TRACT. All continuous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at one time.

   TRADITIONAL NEIGHBORHOOD DEVELOPMENT. A land development technique that encourages mixed-use, pedestrian-oriented communities and promotes the diversification and integration of land uses. A TND is a human scale, walkable community composed of a variety of housing types and densities and a mixed use core of shopping, offices, public and civic uses.

   TRAVEL TRAILER. See RECREATIONAL VEHICLE, MAJOR.

   TREE. A perennial woody plant having a main trunk and usually a distinct head or crown.

   TREE, CANOPY. A large tree growing to over 40 feet in height at maturity, usually deciduous, that is planted to provide canopy cover shade.

   TREE, UNDERSTORY. A small to medium tree, growing 15 feet to 40 feet in height at maturity, that is planted for aesthetic purposes such as colorful flowers, interesting bark or fall foliage.

   TREE REMOVAL. The cutting or removing of 50% or more of the crown, trunk or root system of a tree, or causing the death of a tree through damage, poisoning or other direct or indirect action.

   TRELLIS. A structure of open latticework, especially one used as a support for vines and other creeping plants.

   UNCOVERED. The removal of ground cover from on or above the soil surface.

   UNDERTAKEN. The initiating of any activity or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.

   USABLE OPEN SPACE. An area that: is not encumbered with any substantial structure; is not devoted to use as a roadway, parking area (paved or peripheral) or sidewalk; 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.); is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and 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.

   USE. The purpose or activity for which land or structures is designed, arranged or intended, or for which land or structures are occupied or maintained.

   USE, MIXED. Occupancy of building or land by more than one use.

   USE(S), PERMITTED. Any use, as designated in the UDO, that is by right allowed to occur within a specific zoning district.

   USE(S), PRINCIPAL. The primary purpose or function that a lot or structure serves or is proposed to serve.

   UTILITY EASEMENT. An easement which grants to the city or other utility providers the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.

   UTILITY POLE. A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.

   VARIANCE. Official permission from the Board of Adjustment to depart from specific requirements of the UDO.

   VEGETATION PLAN. A required informational drawing, which accurately identifies size, location and species of all landmark trees on a property and describing proposed land disturbing development activity.

   VELOCITY. The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing VELOCITY of flow.

   VIDEO GAMING ARCADE. An establishment engaged in the operation of a video gaming machine or machines, either as a principal use, combination use or as an accessory use. A VIDEO GAMING ARCADE is distinguished from other coin-operated amusement businesses in that a VIDEO GAMING ARCADE includes one or more video gaming machines.

   VIDEO GAMING MACHINE.

      (1)   A slot machine as defined in G.S. § 14-306(a) and other forms of electrical, mechanical or computer games such as by way of illustration:

         (a)   A video poker game or any other kind of video playing card game;

         (b)   A video bingo game;

         (c)   A video craps game;

         (d)   A video keno game;

         (e)   A video lotto game;

         (f)   Eight liner;

         (g)   Pot-of-gold; and

         (h)   A video game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player.

      (2)   For purposes of the UDO, a VIDEO GAMING MACHINE is a video machine which requires deposit of any coin, token or use of any credit card, debit card or any other method that requires payment to activate play of any of the games listed above.

   VIOLATION. Failure on the part of any person to comply with the provisions of the UDO.

   VIOLATION, FLOODPLAIN. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in Chapter 156 is presumed to be in VIOLATION until the time as that documentation is provided.

   WAIVER. Official permission from Board of Commissioners to depart from specified subdivision design standards designated in Chapter 158 of the UDO.

   WAREHOUSE, GENERAL. Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse.

   WAREHOUSE, SELF-STORAGE. A building or group of buildings that contains equal or varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of residential or commercial customer’s goods or wares.

   WASTE. Surplus materials resulting from on-site construction and disposed of at other locations.

   WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

   WATER TOWER. A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

   WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.

   WATER-DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER-DEPENDENT STRUCTURES.

   WATERSHED. The entire land area contributing surface drainage to a specific point.

   WET DETENTION POND. A pond that has a permanent pool and which also collects stormwater runoff, filters the water and releases it slowly over a period of days.

   WETLANDS. Transitional lands between terrestrial and aquatic systems where the land supports predominantly hydrophytes; where the substrate is predominantly undrained hydric soil; and where the substrate is nonsoil and is saturated with water or covered by shallow water for a specified period of time during the growing season of each year.

   WHOLESALE TRADE OR USE. Establishments or places of business primarily engaged in selling merchandise to retail, industrial, commercial, institutional or professional business users or to other wholesalers, but not to the public at-large.

   WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

      (1)   The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

      (2)   Wireline backhaul facilities.

      (3)   Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

   WIRELESS INFRASTRUCTURE PROVIDER. Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

   WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.

   WIRELESS SERVICES. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

   WIRELESS SERVICES PROVIDER. A person who provides wireless services.

   WIRELESS SUPPORT STRUCTURE. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure.

   WOODED AREA. An area historically capable of supporting indigenous landmark trees.

   WORKING DAYS. Days exclusive of Saturday and Sunday.

   YARD. A space on the same lot with a principal building that is open, unoccupied and unobstructed by buildings or structures from the ground to the sky except where encroachments and accessory buildings are expressly permitted.

   YARD, FRONT. See SETBACK, STREET OR FRONT.

   YARD, FRONT. The space on the same lot with the principal building between the building (exclusive of steps) and the front property or street right-of-way line and extending across the full width of the lot.

   YARD, REAR. The space extending the full width of the lot and situated between the rear line of the lot and rear lines of the building projected to the side lines of the lot. Also see SETBACK, REAR.

   YARD, SIDE. The space situated between the side lines of the building and the adjacent side lines of the lot and extending from the rear line of the front yard to the front line of the rear yard. Also see SETBACK, SIDE.

   YARD WASTE. Solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, shrubbery, leaves and similar vegetative material.

   ZONING. The designation of a particular property or portion thereof using one of the zoning designations contained in the UDO.

   ZONING ADMINISTRATOR. The person(s) who is responsible for administering and enforcing the UDO, including the floodplain management regulations.

   ZONING DISTRICT. An area defined by the UDO and delineated on the official zoning map, in which the requirements for the use of land and in which building and development standards are prescribed.

   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 (i) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations and; (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include (i) the initial adoption of a zoning map by a local government; (ii) the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction; or (iii) 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 MAP AMENDMENT (REZONING) LARGE-SCALE. An amendment (rezoning) that proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners.

   ZONING PERMIT. A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of the UDO.

   ZONING VESTED RIGHT. A right established pursuant to G.S. § 160D-108 to undertake and complete the development and use of property under the terms and conditions of an approved site development plan. See Chapter 153.

(Ord. passed 7-25-2011; Ord. 19-O-01, passed 6-24-2019; Ord. 20-O-01, passed 2-24-2020; Ord. 20-O-03, passed 6-1-2020; Ord. 21-O-04, passed 6-28-2021; Ord. 22-O-01, passed 1-24-2022)