§ 157.006 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE or STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Accessory uses shall not involve the conduct of any business, trade, or industry except for home and professional occupations as defined herein. Structures used for accessory uses shall be of comparable color and material of the primary structure.
   APPROVED PERVIOUS PRODUCT. An engineered product that allows water to pass through to the soils beneath. This product shall be approved by the Planning and Inspections Department. These products will be assigned a pervious factor in which the allowable lot area shall be multiplied by, resulting in the allowable square footage of product that shall be permitted. Example: A 50 x 100 lot would have an area of 1,500 square feet eligible for an approved pervious product. An approved pervious product with a factor of 1.0 would be allowed to place 1,500 square feet of an approved pervious product in addition to the 30% of impervious area. An approved pervious product with a factor of .75 would be allowed to place 1,125 square feet of an approved pervious product.
   AVERAGE. The numerical result obtained by dividing the sum of two or more quantities by the number of quantities.
   BALANCED SOIL. Placing original soil cut from higher locations on a lot into lower elevations so that the amount of soil cut equals the amount filled.
   BED AND BREAKFAST HOME. A private home offering bed and breakfast accommodations to persons domiciled on the premises only, for periods of less than one week per visit.
   BEDROOM. Sleeping room.
   BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
   BUILDING HEIGHT. The vertical distance measured from design flood elevation (DFE) to the highest point of the structure.
   BUILDING INSPECTOR. The person, officer, and his authorized representatives, whom the town Commissioners have designated as their agent for the administration and enforcement of these regulations.
   CHURCH. An institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term CHURCH shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.
   CLUBHOUSES (to include, but not limited to, BEACHCLUBS, CABANA CLUBS, PROPERTY OWNER ASSOCIATION FACILITIES and similar type uses). A building or facility owned or operated by an incorporated, unincorporated, chartered association or an individual or individuals nominated by such entities for the purpose of engaging in social, civic, educational, recreational, cultural or similar activities, but not primarily for profit or to render a service that is customarily carried on as a business, for the benefits of its members.
   CONDITIONAL ZONING. A legislative zoning map amendment with site specific conditions incorporated into the zoning map amendment.
   DISTRICT. Any section of the town in which zoning regulations are uniform.
   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.
   DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
   DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
   DWELLING, TWO-FAMILY (DUPLEX). A building designed and constructed or reconstructed to be used for two dwelling units that are connected by a common structural or load bearing wall of at least ten lineal feet in length.
   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.
   EAVE. An overhanging roof extension equal to or less than 20 inches.
   FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
   FENCE. A structure, obstacle, or barrier serving as an enclosure, boundary or screening device usually made of wooden posts or rails, wire, vinyl or fabric (and other natural or manufactured materials). Required heights and locations for fences are found in § 157.080.
   FLOATING HOME. Any vessel used, designed, or occupied as a dwelling unit, business, or private or social club, whether mobile or immobile in design or use and whether self-propelled or not.
   FLOOD, (COASTAL). A temporary rise in ocean level that results in inundation of areas not ordinarily covered by water.
   FLOOD, REGULATION. The flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur. The regulatory flood generally has a flood frequency of approximately 100 years as determined by the Federal Food Insurance Administration, HUD.
   FRATERNITY or SORORITY HOUSES. A building occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary, or professional organization which is chartered by a national, fraternal, or sororal order and which is so recognized by the college, university, or other institution of higher education.
   FOOTPRINT. The shape of a building reflecting the perimeter of the impervious area of the structure measured from exterior plate to exterior plate. If the eaves are greater than 20 inches, the footprint will be measured from eave to eave.
   GROSS FLOOR AREA. The total area of all floors of a building as measured to the outside surfaces of exterior walls and including but not limited to; halls, stairways, elevator shafts, attached garages, porches, decks and balconies.
   HEIGHT MEASURING POINT: (HMP). Design flood elevation or base flood elevation plus two feet.
      (1)   (a)   Wherever there is less than nine feet between the DFE and finished grade the HEIGHT MEASURING POINT may be moved to a maximum of nine feet above finished grade.
         (b)   All structures located in any A, V or X zones must have a minimum of eight feet clearance between the lowest horizontal structural member and finished grade.
      (2)   FEMA flood area “X” measuring point shall be the lowest original soil under the structure after the undisturbed soil has been balanced. Exception: structures located in X zones may be measured as written in division (1)(a) above with a maximum height of 31 feet from the ESTABLISHED HEIGHT MEASURING POINT.
   HOME OCCUPATION. An occupation for gain or support customarily conducted on the premises by a person or family residing thereon.
   IMPERVIOUS AREA. Something that is incapable of being passed through or penetrated by water; this shall include, but not be limited to, sidewalks, driveways (with the exception of sand and grass), patios, and any roofed structure from exterior plate to exterior plate.
   JUNK YARD. Any land or area use, in whole, or in part for commercial storage and/or sale of waste paper, rags, scrap metal, or other junk, and including storage of scrapped motor vehicles and dismantling of such vehicles or machinery.
   LIGHTING. Artificial illumination as regulated by § 92.30 of the Holden Beach Town Code.
   LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required.
   LOT COVERAGE. The total footprint of the principal structure and all impervious areas of the total platted lot.
   LOT DEPTH. The mean horizontal distance between front and rear lot lines.
   LOT, FRONT. The front of a lot shall be considered to be that side of the lot which fronts on a street. In the case of a corner lot the narrower side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on the street on which the greatest number of lots front, or if unplatted, on the street on which the greatest number of buildings have been erected.
   LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Register of Deeds, Brunswick County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
      (1)    CORNER LOT. A lot located at the intersection of two or more streets.
      (2)    INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
      (3)    THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
   LOT WIDTH. The distance between the side property lines measured at the front building line.
   MANUFACTURED HOME or MOBILE HOME. A structure as defined in G.S. § 143-145(7).
   MOBILE HOME LOT. A mobile home lot is a piece of land within a mobile home park whose boundaries are delineated in accordance with the requirements of this chapter.
   MOBILE HOME PARK. A mobile home park is a piece of land so designed and improved that it is licensed as a MOBILE HOME PARK under this chapter, or a piece of land licensed as a nonconforming park under § 157.118 of this chapter.
   NEIGHBORHOOD . Construed to be the houses within 200 feet of the subject lot, within the subdivision the lot is located. If there are less than ten houses in this area, the closest ten houses will be considered the NEIGHBORHOOD .
      (1)   A situation that occurs when, on the effective date of this chapter or any amendment to it, an 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 do not satisfy maximum height or minimum floor-space limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with the chapter, or because land or buildings are used for purposes made unlawful by the chapter.
      (2)    NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially-zoned area is a nonconforming use.)
      (3)    DIMENSIONAL NONCONFORMITY. 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.
      (4)    LOT. A parcel of land whose boundaries have been established by some legal instrument such as a deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public road crosses a parcel of land otherwise characterized as a lot by this definition, the land on each side of the public road shall constitute a separate lot.
      (5)    NONCONFORMING LOT. A lot existing at the effective date of this chapter or any amendment to it (and not created for the purpose of evading the restrictions of this chapter) that cannot meet the minimum area or lot-width requirements of the district in which the lot is located.
      (6)    ORDINANCE. This chapter, including any amendments. Whenever the effective date of the chapter is referred to, the reference includes the effective date of any amendment to it.
      (7)    NONCONFORMING LOT. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
      (8)    EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. Whenever the term is used hereafter, it also includes binding, contractual commitments to make future expenditures, as well as any other substantial changes in position.
   NURSING HOME (CONVALESCENT HOME, REST HOME). A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
   OPEN SPACES. An area (land and/or water) generally lacking in manmade structures and reserved for the enjoyment of residents of the Planned Unit Development, or other group project. Common OPEN SPACES may contain accessory structures and improvements necessary or desirable for religious, educational, non-commercial, recreational, or cultural uses.
   PARKING SPACE, OFF-STREET. Consists of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
   PERSON. Means and include a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
A parcel of land in single or joint ownership of whatever form which is planned to be developed as a unit and is developed according to an approved plan in a single development operation or in a programmed series of development operations. Density within the PLANNED DEVELOPMENT-RESIDENTIAL DISTRICT is controlled by the following ratios:
      (1)   The maximum floor area ratio (FAR) is a ratio of the maximum square foot amount of total floor area (all stories) permitted for each square foot of land area.
      (2)   The minimum open space ratio (OSR) is a ratio of the minimum square foot amount of open space which shall be provided for each square foot of floor area.
      (3)   The minimum recreational space ratio (RSR) is a ratio of the minimum square foot amount of recreation space required for each square foot of floor area.
      (4)   The minimum total car ratio (TCR) is a ratio of the total number of parking and garage spaces required for each living unit, including spaces without time limits (primarily for occupants) and spaces available for limited time periods (primarily for guests).
   RENTAL HOME. A rental home is a dwelling unit available for rent to non-property owners for periods of as little as one day and for periods in excess of one day.
   SCREENING (BUFFERS). A fence, wall, hedge, or other planted area or device used to conceal something from adjacent lots or streets. In the case of contrasting districts, buffers are required to lessen the visual impact of the more intense uses from those of less intense use (example: business screened from residential). Plantings shall be of sufficient height and density to conceal from public view the subject being screened. If fencing or structure is used, it shall be compatible in appearance to the primary structure.
   SERVICES. Occupation contributing to the welfare of others which is useful labor that does not produce tangible commodity.
   SETBACK LINE. The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained. Setbacks shall be measured from the recorded property line.
   SHELTER, FALLOUT. A structure or portion of a structure that provides protection to human life during periods of danger from nuclear fallout, air raids, storms, and other emergencies.
   SHOPPING CENTER. Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves.
   SITE PLAN. A drawing prepared by a licensed engineer or surveyor that adequately demonstrates the proposed use for which a permit is sought that will become an integral part of the application record. The required elements of an acceptable site plan may be obtained from the Planning and Inspections Department.
   SLEEPING ROOM. A room designated as sleeping or bedroom on the plans and permit application.
   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.
   SPECIAL USE PERMITS. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general stands requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to a conditional use permits or special exceptions.
   STORES. Business establishments where usual diversified goods are kept for retail sale.
   STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
   STREET LINE. The right-of-way boundary of a street.
   STRUCTURE AND/OR BUILDING. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, and poster panels.
   TOWN COMMISSIONERS. Town Commis-sioners of Holden Beach, North Carolina.
   TRACT. A piece of land whose boundaries have been described or delimited by a legal instrument or map recorded in the office of the Register of Deeds.
   TRAVEL TRAILER. A wheeled vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes, having a body width not exceeding eight feet. This is also intended, to include structures mounted on auto or truck bodies that are referred to as campers.
   TRAVEL TRAILER LOT. A plot of land within a travel trailer park designed for the accommodation of one travel trailer.
   TRAVEL TRAILER PARK. Travel trailer park shall mean any site or tract of land upon which are located the minimum number of travel trailer spaces or land area required by this chapter, regardless of whether or not a charge is made for such service.
   USEABLE AREA. The available space of a platted lot after taking into consideration a bulkhead, marsh areas (as defined by the Coastal Area Management Act) and the first line of stable natural vegetation (as defined by the Coastal Area Management Act) and all federal and/or state regulated wetlands that may have reduced the actual area of land available for construction purposes. For purposes of determining useable area, one seeking a building permit shall furnish the Building Inspector with a survey prepared by a registered land surveyor that delineates the useable area as defined herein. The surveyor shall further provide the Building Inspector with the calculation of the square feet of useable area available on the lot.
   USED or OCCUPIED. Include the words “intended, designed, or arranged to be used or occupied.”
   VARIANCE. A relaxation of the terms of the zoning code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in any zoning district.
   YARD. A required open space unoccupied and unobstructed by a structure or portion of a structure, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any YARD subject to height limitations and requirements limiting obstruction of visibility.
   YARD, FRONT. An area extending between side lot lines across the front of a lot adjoining a street. Depth of required front yards shall be secured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.
   YARD, REAR. An area extending across the full width of the lot and lying between the rear lot line and a line parallel thereto at a distance therefrom as required in the applicable district.
   YARD, SIDE. An area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot lines and a line parallel thereto and a distance therefrom as required in the various districts.
   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 REGULATION. A zoning regulation authorized by G.S. Ch. 160D, Art. 7 (§§ 160D-701 et seq.).
(‘85 Code, §§ 15-12.3, 15-12.4) (Ord. 33, passed 10-5-81; Am. Ord. 95-04, passed 2-22-95; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 96-02, passed 5-20-96; Am. Ord. 96-08, passed 6-17-96; Am. Ord. 97-07, passed 4-21-97; Am. Ord. 98-14, passed 7-13-98; Am. Ord. 98-15, passed 7-13-98; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 04-04, passed 5-10-04; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06- 07, passed 6-12-06; Am. Ord. 06- 14, passed 11-14-06; Am. Ord. 15-01, passed 1-13-15; Am. Ord. 21-02, passed 3-16-21)