The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted as follows:
(1) The words "used" and "occupied" include the words "intended, designed, and arranged to be used as occupied."
(2) Terms not defined in this chapter shall have the meanings customarily assigned to them.
(3) Definitions specific to a specialized area, such as stormwater management, flood control and other technical and engineering definitions are contained within that specific article.
Accessory structure or use means a structure or use incidental to another use of a structure on the same lot.
Adjoining means when one property adjoins another, shares a common property line or is immediately adjacent to, or abutting it.
Adult day care facility means a use of land and buildings licensed by the state that provides care to seven or more aging, disabled or handicapped adults away from their homes, and by persons other than family members, guardians, or custodians. The term "adult day care facility" shall not be construed to include a group care facility.
Adult establishment means any business by its nature or use that is intended to serve patrons of age 18 years or older which may or may not be limited to, those businesses regulated under CCO chapter 6, article 3.
Agriculture farm, bona fide means an agricultural land use that includes the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, fish, and all other forms of agricultural products having a domestic or foreign market, meeting the requirements of agricultural land, and having an NC USDA farm number.
Agriculture farm, livestock means the use of land for the keeping, grazing, feeding or breeding of livestock, including cattle, hogs, sheep, goats, and poultry, and also animal specialties such as horses, rabbits, bees, and fish and fur-bearing animals in captivity.
Agriculture farm, nonlivestock means the use of land for the production of cash grains, field crops, vegetables, fruits, and nuts, and for nonhorticulture and floriculture.
Agricultural land means land consisting of ten acres or more that are in actual production and having gross income from the sale of agricultural products produced thereon (together with payments received under a soil conservation or land retirement program) averaging $1,000.00 per year for the immediately preceding three years. Reference Farmland Taxation Act, G.S. 105-277.3.
Agri-tourism means the act of visiting a working farm or any agricultural, horticultural or agri-business operation for the purpose of enjoyment, education or active involvement in the activities of the farm or operation.
Apartment means a room or unit of one or more rooms, with kitchen facilities, and are designated or intended to be used, as an independent unit.
Applicant means any person who submits to the county a request or plans for the purpose of obtaining approval thereof under this chapter.
Automobile, antique means a motor vehicle that is at least 35 years old measured from the date of manufacture and has an NC DMV historic vehicle special license plate in accordance with G.S. 105-330.9
Automobile car wash means a lot on which motor vehicles are washed or waxed, either by the patron or by others.
Automotive display and sales means a lot where three or more vehicles are displayed for the purpose of sale. For the purpose of automotive display and sales a dealer's license must be obtained from NC DMV, if five or more vehicles are displayed or sold within 12 consecutive months, in accordance with G.S. 20 article 12.
Automotive, motor home, farm implement sales or rental means the sale or rental of new and/or used motor vehicles, motor homes, trailers, or farm implements to be displayed and sold on the premises.
Automotive parts sales means an establishment which sales vehicle parts and accessories. Not to be considered automotive repair.
Automotive repair, mechanical means the repair, rebuilding, or reconditioning of motor vehicles or parts of motor vehicles.
Automotive repair, paint/body means the repair of collisions to include mechanical, body/fender work, painting and steam cleaning of vehicles.
Automotive service station means a facility where gasoline, diesel fuel, oil, grease, and automotive accessories are supplied and dispensed to a motor vehicle trade. In addition, sales of automotive parts, tires and other automotive supplies may be rendered as well as minor repairs to vehicles and replacement of parts which are made on site. This definition does not include those uses allowed under the definition of automotive repair, paint/body.
Bank/credit union means financial institutions engaged in deposit banking and closely related functions such as extensions of credit by means of loans and investments, and fiduciary services.
Bar means an establishment, public or private, in which alcoholic beverages are sold as the principle product, which may or may not have an environmental health restaurant permit. Not intended to mean "restaurant". Also known as saloon, tavern, etc.
Bed and breakfast inn means a lodging facility in which the operator resides and which is established for the purpose of providing temporary overnight accommodations for tourists, vacationers and other similar transients.
Bedroom means sleeping room.
Berm means a manmade mound of earth material with gently sloping sides and crown.
Board of adjustment means the quasijudicial body composed of appointed representatives from the county which are given certain powers under and relative to ordinances of the county.
Boarding house means a structure which contains four or more rooms, which may have no kitchen facilities, and are designed or intended to be used for residential occupancy on a rental basis.
Buffer means a strip of land with natural or planted vegetation located between a use or structure and the street, side and rear property lines intended to separate and partially obstruct the view of adjacent land uses or properties.
Buildable lot means a lot of record created under the requirements of this chapter, or under the standards of previous requirements, containing sufficient area, exclusive of easements, flood hazards, water bodies, well and wastewater disposal tank fields; sufficient total dimensions; sufficient means wastewater disposal system; and sufficient access to permit construction thereon of a principal building together with its required parking and buffer yards.
Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, property, or any other use or occupancy.
Building, accessory means a subordinate building detached from, but located on the same lot as, the principal building, the use of which is incidental and accessory to that of the principal building.
Building, detached means a building having no common wall with the principal building.
Building, principal means a building or, a group of buildings, in which the principal use of the lot is conducted.
Business, convenience store means commercial establishments that generally serve day-to-day commercial needs of an area, including gasoline, diesel fuel, food stores other than supermarkets, and restaurants/grill establishments as an accessory.
Business, wholesale means commercial establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers or other wholesale establishments with a wholesale or retail license for resale.
CCO means the Johnston County Code of Ordinances.
Cemetery means land used or intended to be used for burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
Certificate of occupancy means a document issued by the building inspector certifying compliance with all applicable state and local construction codes, including all terms of an approved land use permit or special use permit, and authorizing occupancy of a building or structure.
Child day care facility means a facility for the care and/or education of nine or more preschool-age and/or school-age children. A child care facility may keep 16 or fewer children when located within a dwelling.
A facility shall be licensed by the state, as defined in G.S. 110 article 7, for the care and/or education of three or more preschool-age children or nine or more school-age children.
Child home day care means a dwelling in which the care and/or education of eight or less preschool-age and/or school-age children.
The dwelling shall be licensed by the state, as defined in G.S. 110 article 7, for the care and/or education of three or more preschool-age children or nine or more school-age children.
Clinic means an establishment used for the care, diagnosis, therapy, or counseling of sick, ailing, infirmed, or injured persons or nonmedical therapy and counseling on an out-patient basis.
Club, public or private means an establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes, that may or may not be operated for profit. Not to be considered an adult business or sexually oriented businesses as intended in CCO chapter 6, article 3.
Cluster development means 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 development as well as single-family residential and multifamily developments.
Commercial vehicles means a "commercial, industrial or construction truck or vehicle" as used herein [and] is defined as having a manufacturer's rating of more than one ton or a payload capacity of 6,000 pounds or more, whichever is greater. For purposes of clarification, but without limitation, this definition includes dump trucks, tractor-trailers, tankers, tank trucks, buses, large panel vans, trailers and construction equipment or any part thereof.
Construction plat means a plan with supporting data for a proposed subdivision, developed for the purpose of establishing the layout and provision of roads and utilities.
Crematorium facility means a facility in which human remains are cremated. A facility may consist of one or more cremator furnaces and provide crematory services to funeral homes.
Density means the average number of families, persons, or housing units per acre of land.
Developing land means a zoning lot on which surveying for development is currently taking place or for which an application is currently being reviewed for development by the county planning staff or for which development activities have been approved.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction, erection, structural alteration, or enlargement of any building or other structure; mining; dredging; filling; grading; paving; excavation or drilling operations; clearing of vegetation; and any division of land into two or more parcels of land.
Drainageway means any stream, watercourse, channel, ditch or similar physiographic feature draining water from the land.
Drive-in restaurant means an establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.
Driveway means a vehicular way, other than a street or alley, that provides vehicular access from a street.
Dwelling means any building or structure that is wholly or partly used, intended, or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one or more human occupants.
Dwelling, manufactured home means a structure, transportable in one or more sections, which meets all the following requirements:
(1) Meets all of the requirements of the Federal Manufactured Home Construction and Safety Standards Act, commonly known as the HUD standards;
(2) Is designed to be used as a dwelling unit;
(3) Is eight feet or more in width, and or 40 feet or more in length; or, when erected on site, is 320 or more square feet;
(4) Is built on a permanent chassis;
(5) Is connected to required utilities during set-up, including plumbing, heating and electrical systems contained therein;
(6) When set up, it has a foundation and skirting installed in accordance with the North Carolina Department of Insurance Regulations for Manufactured Home Installation Standards; and
Dwelling, mobile home means a single portable manufactured housing unit, or combination of two or more sections forming a unit connected on site, that meets the U.S. Department of Housing and Urban Development requirements, and is:
(1) Designed to be used by one family only and containing independent kitchen, sanitary, and sleeping facilities;
(2) Designed so that each housing unit can be transported on its own chassis;
(3) Placed on a temporary or semi-permanent foundation; and
(4) Is over 32 feet in length and over eight feet in width.
Dwelling, modular home means a manufactured building designed to be used as a one- or two-family dwelling which has been constructed and labeled indicating compliance with the state residential building code.
Dwelling, multifamily means a dwelling or combination of dwellings on a single lot consisting of three or more dwelling units.
Dwelling, single-family means a detached building designed for or occupied exclusively by one family.
Dwelling, townhouse means a single-family dwelling unit constructed in a row of attached units separated by property lines and which exterior walls on at least two sides. For the purpose of density calculations, townhouses shall be counted as individual units.
Dwelling, townhouse two-unit means two attached single-family dwelling units, separated by a property line and with exterior walls on three sides. For the purpose of density calculations, a two-unit townhouse shall be counted as two dwelling units. Additionally, the building must meet building code requirements for townhouses and have independent waste water disposal systems.
Dwelling, two-family (duplex) means a building either designed for or occupied by two families living independently of each other. For the purpose of density calculations, a duplex building shall be counted as one dwelling unit.
Dwelling unit means a single independent habitable unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, sanitation, cooking and eating purposes.
Easement means any entitlement or right of the public, a corporation, or person to use land owned by another for purposes specified in the easement agreement.
Extraction of earth products means the process of removal of natural deposits of mineral ores, soils, stone and gravel, or other solid matter from their original location, not including any processing of such material beyond incidental mechanical consolidation or sorting to facilitate transportation off site.
Fabrication means the processing and/or assemblage of various components into a complete or partially completed commodity, fabrication related to stamping, cutting, or otherwise shaping the processed materials into useful objects, and the refining aspects of manufacturing and other initial processing of basic raw materials such as metal, ore, lumber, and rubber, etc., are also included.
Familial relationship, close means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
Family care home means a home with support and supervisory personnel licensed with the state that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities and defined in G.S. 168-21. Also known as "group home" or "adult care home".
Farmers market means a market at which locally and regionally grown agricultural or horticultural products are sold on a retail basis.
Fitness center, also known as a health club or gym, means a place which houses exercises equipment for the purpose of physical exercise.
Flag lot means an irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm, or flagpole, of the lot.
Flea market means an outdoor or indoor market where individual sellers offer second-hand and/or new goods for sale to the public.
Flood and flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any sources.
Flood hazard boundary map means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the county.
Forested land means land consisting of twenty acres or more of wooded land that are in actual production and have a forestry plan. Reference Farmland Taxation Act, G.S. 105-277.3.
Funeral home means an establishment engaging in the care or disposition of human remains, or in the practice of preparing by embalming or cremation of human remains for the funeral service, transportation, burial or cremation, or in the practice of funeral directing. A funeral home may have a crematorium for the sole use of the funeral home. Also see crematorium facility.
Gross floor area means the sum of the gross horizontal areas of each floor of the principal building, and any accessory building or structures measured from outside of the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawlspace.
Group care facility means an establishment qualified for a license by the state for the provision of resident services of seven or more individuals of whom one or more are unrelated, and who are handicapped, aged, disabled, or who are runaway, disturbed, or emotionally deprived children and who are undergoing rehabilitation or extended care, and who are provided services to meet their needs. Included in this definition are group homes for all ages, halfway houses, boarding homes for children, and convalescent and nursing homes.
Group care home means a home with support and supervisory personnel licensed with the state that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities and defined in G.S. 168-21. Also known as "family care home" or "adult care home".
G.S. means General Statute[s] of the State of North Carolina.
Government use facility means a facility federal, state, or local government use. Such facilities may include police, fire, EMS stations; general offices; civil defense centers. Any facility that may be considered noxious, hazardous, dangerous, or offensive shall not be included in this definition.
Hair salon means a business establishment that primarily offers hair cuts and styling. Hair salons may offer nail care services but shall not be construed to mean day spa. Also known as beauty/barber shops.
Hazardous materials means those materials that are listed in the most current consolidated list of chemicals covered by the Superfund Amendments and Reauthorization Act of 1986, title III.
Height (of a structure or part of a structure) means the vertical distance from the mean natural grade at the foundation to the highest portion of the structure, or part of a structure.
Home occupation means an occupation customarily conducted for profit within a dwelling unit by the occupant(s) of the dwelling unit. Examples of permitted home occupations include, but are not limited to, home offices, sewing/tailoring, artistic painting, sculpting, crafting, tutoring, catering, barber/beauty shops.
Home occupations are subject to the following provisions:
(1) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and;
a. Not more than 500 square feet or 25 percent of the dwelling unit floor area, whichever is greater, shall be used to conduct the home occupation, and
b. If an accessory building is solely used or used in combination with the dwelling unit for the home occupation, the maximum area allowed shall not exceed the limitation above;
(2) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, non-illuminated, and mounted flat against the wall of the building;
(3) Only one person other than the occupants of the dwelling unit may be engaged in such occupation;
(4) Only one vehicle designed or used for the home occupation shall be permitted in the operation of the home occupation. The vehicle shall not exceed 14 feet in height. Cargo area/work platform shall not exceed 14 feet in length. Dump trucks, tractor-trailers, tankers, and wreckers shall not be permitted;
(5) No traffic, parking, sewage, or water use shall be generated by such home occupation in greater volumes than would normally be expected in a residential use;
(6) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or electrical interference detectable to the normal senses off the lot, or that otherwise creates a hazard or nuisance;
(7) No display of products shall be visible from the street;
(8) The selling of merchandise or the manufacture of merchandise for sale (except baking, sewing, and/or crafts normally made in the home) shall not be the primary function of the home occupation;
(9) Instruction in music, dancing, or tutoring of academic subjects shall be limited to four students at a time; and
(10) No home occupation due to type of use, equipment, or machinery shall be permitted that involve a change in the fire rating of the structure or portion of the structure.
If it is determined that the proposed home occupation does not meet this criteria, the applicant may apply for a conditional permit from the board of adjustment.
The following are prohibited as home occupations:
a. Animal hospitals/ clinic;
b. Automotive repair, mechanic;
c. Automotive repair, paint/body;
d. Child day care facilities;
e. Horse stables;
f. Mortuaries;
g. Physicians/dentists/chiropractors offices;
h. Kennels;
i. Food sales to exclude catering.
Horticultural land means land consisting of five acres or more that are in actual production and having gross income from the sale of horticultural products produced thereon (together with payments received under a soil conservation or land retirement program) averaging $1,000.00 per year for the immediately preceding three years. Reference Farmland Taxation Act, G.S. 105-277.3.
Impervious surface means a surface composed of any material that impedes or prevents natural infiltration of water into the soil. Examples include concrete, pavement, and gravel.
Inert debris means solid waste consisting solely of material that is virtually inert, that is likely to retain its physical and chemical structure under expected conditions of disposal, and that will not pose a threat to groundwater standards. Inert debris includes material such as concrete, brick, concrete block, uncontaminated soil, rock and gravel.
Junk means debris or refuse such as metals, plastics, appliances, paper, trash, tires, and other waste; preused or unusable; that are worn, deteriorated, or obsolete making them unusable in their existing condition, to include junked, dismantled or wrecked automobiles, machinery, or parts thereof.
Junked motor vehicle has the same meaning as defined by G.S. 153A-132.2. This does not apply to "antique automobiles" as defined by G.S. 105-330.9.
Junkyard facility means
(1) A facility that stores more than six junked motor vehicles;
(2) Uses more than 600 square feet of any lot for the storage of junk.
Kennel means a facility operated for the purpose of boarding animals not owned by the kennel operator or owner; or for the purpose of breeding animals for sale.
Land clearing debris means solid waste generated solely from land clearing activities such as stumps, trees, limbs, brush, grass and other naturally occurring vegetative material.
Land clearing and inert debris landfill (LCID) means a facility for the land disposal of inert debris, land clearing debris, yard trash and untreated and unpainted wood. The facility is designed to meet minimum standards of the state by utilizing acceptable landfill engineering technology.
Land use permit means a permit issued by the county authorizing the recipient to make use of property in accordance with the requirements of this chapter.
Lot means land bounded by lines legally established for the purpose of property division.
Lot line means a line that marks the boundary of a lot.
Lot line, interior means any lot line that is not a street lot line; a lot line separating a lot from another lot.
Lot line, street means any lot line separating a lot from a street right-of-way or easement. Where a lot line is located within such street right-of-way or easement, the right-of-way or easement boundary adjacent of the lot shall be considered the street lot line.
Lot line, zero means any interior lot line along which a structure is allowed with no setback.
Lot of record means a lot which has been recorded in the office of the register of deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.
Lot width means the horizontal distance measured along a straight line connecting the points at which a line demarcating the minimum street setback required from a street lot line intersects with interior lot lines and/or other street lot lines.
Manufacturing, heavy means the assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing."
Manufacturing, light means the assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place.
Master plan means a conceptual plan that illustrates and defines land use areas for residential, office, commercial, open spaces, and special facilities or other land uses. General circulation patterns, both vehicular and pedestrian, are identified and indicated on the conceptual plan.
Mobile home park means any lot or part of a lot, or any parcel of land which is used or offered as a location for three or more mobile homes, regardless of whether or not a charge is made for such accommodations.
Nail salon means a beauty service establish that primarily offers nail care such as manicures, pedicures, and nail enhancements.
Nonconforming feature means a physical feature, characteristic or a use, building structure or other development of land that was lawfully established prior to the effective date of the ordinance from which this chapter derives or a subsequent chapter thereto, but does not conform to the intensity regulations of this chapter, or the design standards of article VI of this chapter, applicable to such use, building, structure, or development of land, including, but not limited to, nonconforming structures, or other nonconformities.
Nonconforming lot means a lot that was lawfully created prior to the effective date of the ordinance from which this chapter derives or a subsequent amendment thereto, but does not conform to the requirements of this chapter.
Nonconforming use means a use of land, buildings, or structures that was lawfully established prior to the effective date of the ordinance from which this chapter derives or a subsequent amendment thereto, but does not conform to the use regulations of article II of this chapter for the zoning district in which it is located.
Nursing home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.
Office means a use in which business, administrative, or professional services are conducted; or where professional or clerical duties are conducted.
Official plans means any plans officially adopted by the board of commissioners as a guide for the development of the county consisting of maps, charts, and texts.
Open space, common open space and recreation area mean any space or area characterized by great natural scenic beauty or whose openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development, or would maintain or enhance the conservation of natural or scenic resources; or any undeveloped or predominately undeveloped land that has value for one or more of the following purposes:
(1) Park and recreational uses;
(2) Conservation of land and other natural resources; or
(3) Historic or scenic purposes.
Passive open space or recreation areas include scenic resources, any undeveloped or predominately undeveloped land used for informal walking trails, picnic areas or similar uses. Active recreation areas include playfields, tot lots, tennis courts, swimming pools and similar active play uses. The following land uses or land areas cannot be used to meet open space requirements of this chapter:
(1) Roads, road rights-of-way, driveways, or parking areas.
(2) Open areas within individual subdivision lots.
(3) Small, narrow strips of land, or other unusual land configurations that are not consistent with the objectives of this Chapter.
Outdoor lighting means any lighting source designed to illuminate or aesthetically enhance a building, parking, sign, or storage area. Lighting shall be engineered as to be nonglaring on adjacent properties or uses and to be "dark sky", focused as not to exceed the building parapet.
Outparcel means a lot or parcel being part of a shopping center used for a stand-alone building occupied by a single tenant.
Parking deck means a multilevel building used for the purpose of parking or storing automobiles.
Place of worship means a structure in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.
Planned development means a residential, commercial, or combination of residential and commercial projects located on land under unified control, planned as a whole, and developed as a single development or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any areas, improvements, and facilities provided for the common use of the occupants or users of the development.
Planning board means the body appointed by the board of commissioners to develop and recommend long range development plans and policies, and to advise the board of commissioners in matters pertaining to current physical development and zoning for the county's planning jurisdiction.
Planning director means the administrative head of the county planning department. All references in this chapter to planning director shall mean the planning director or his designee.
Plat means a map, generally of a development, showing the location, boundaries, and ownership of individual properties. A plat may simply be the device for officially recording ownership changes or lot divisions.
Preliminary plat means a map showing data for a proposed subdivision, developed for the purpose of showing the general layout of lots and roads.
Public or community sewer system means a single system of sewage collection, treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality, or a public utility in accordance with G.S. 130A Article 11.
Public/private utility facilities include water and wastewater treatment plants; sludge treatment, handling, and disposal facilities; ground and elevated water tanks; power generating plants; electrical transformer and switching stations; electrical transmission lines; and solid waste collection and transfer stations.
Public/private utility stations include telephone utility facilities including transformer and switching stations, telephone exchanges; public utilities (water and sewer stations) including water, wastewater, and reclaimed water meter vaults (above and below ground); water and reclaimed water booster pump stations; water and reclaimed water regulatory valve stations; wastewater pump stations; chemical feed stations; and supporting equipment including standby power facilities, electrical equipment, and SCADA equipment including antennas.
Public water system means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or which regularly serves 25 or more individuals year round in accordance with G.S. 130A article 10.
Recreation facility means a nonprofit or for-profit facility providing recreational activities indoors or outdoors.
Recreational vehicles and camper trailers are vehicular-type units designed for temporary living for recreation, camping, or travel. In accordance with North Carolina Department of Insurance these unit are prohibited for the setup and use as permanent occupation. These units may be occupied temporarily within zoned resort-residential district for temporary seasonal recreation.
Register of deeds means the county register of deeds.
Retail center means an integrated group of commercial establishments that is planned, developed, owned and managed as a unit and provides on-site parking facilities sufficient to serve its own parking demands. For the purpose of this Code, a retail center shall contain at least two commercial establishments within a maximum of 29,999 square feet of gross floor area.
Sales floor area means the gross floor area used for display and sale of merchandise, sales office and other areas available to the public/patron.
Salvage operation means the reclamation, dismantling, or storage of preused commodities, junk, and similar material for the purpose of resale, processing, distribution, or deposition.
School means a primary or secondary facility providing a curriculum of academic instruction.
Setback, interior means the horizontal distance between the interior lot line or zoning lot line and any structure on such lot, measured perpendicular to the lot line.
Setback, street means the horizontal distance between the street right-of-way and any structure on such lot, measured perpendicular to the street lot line.
Sexually-oriented businesses are those that operate in accordance with CCO chapter 6 article 3.
Shooting range facility (outdoor) means 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. Does not include incidental target practice areas on private property, turkey shoots, government facilities, or occasional “sighting-in” of firearms.
Shopping center means an integrated group of commercial establishments that is planned, developed, owned and managed as a unit and provides on-site parking facilities sufficient to serve its own parking demands. For the purpose of this code, a shopping center shall contain at least two commercial establishments within a minimum of 30,000 square feet of gross floor area.
Sign shall include any device that is intended and/or designed to announce, inform, direct, and/or advertise and may be represented by words or letters, figures, symbols or characterizations, and/or other graphics.
Sign, outdoor advertising means any sign which advertises an establishment, service, commodity, goods, or entertainment sold or offered on premises other than that on which such outdoor advertising sign is located.
Site plan review means the process whereby Johnston County review agents review plans, of a development proposal which is a permitted use, to ensure that it complies with applicable development regulations. Review agents may include building inspections, environmental health, fire marshal, North Carolina DOT, planning and zoning, public utilities, stormwater administration.
Site specific development plan may be in the form of, but not be limited to, any of the following approved: a planned unit development plan, a subdivision plat, a preliminary or general development plan, a conditional or special use permit, a conditional or special use district zoning plan, or any other land use approval designation as may be utilized by a county. Unless otherwise expressly provided by this chapter such a plan shall include the approximate boundaries of the site; significant topographical and other natural features effecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways.
Sleeping room means a room designated as sleeping or bedroom on the plans and permit application.
Solid waste means any debris or refuse including, but not limited to, metals, plastics, appliances, construction debris, paper, household trash, tires, land clearing debris, inert debris, junk and inoperable vehicles, and other waste.
Spa, day means a business establishment which people visit for professionally administered personal care treatments including, but not limited to, massages, facials, waxing, skin exfoliations, manicures, pedicures, and other body treatments.
Spa, medical means any retail cosmetic medical business that operates under the supervision of a licensed health care professional and offers nonsurgical cosmetic "medical" treatments including, but not limited to, laser hair removal, medical microdermabrasions, Botox and restylane injections, and medical peels.
Special use means a use of land, buildings, or structures that is identified in this chapter as a use that because of its inherent nature, extent, and external effects, requires special care in the control of its location, design, and methods of operation in order to ensure protection of the public health, safety and welfare.
Special use permit means a permit issued by the board of commissioners authorizing the development of a zoning lot for a special use or planned development.
Storage means the deposition of commodities or items for the purpose of future use or safekeeping.
Street, arterial means streets or roads as listed in the design manual, that function primarily to serve through-traffic movement. Limited land-parcel access service may be accommodated, but traffic controls and street design are intended to provide efficient through-traffic movement. All U.S. and some North Carolina numbered highways are examples of arterial streets.
Street, collector means streets or roads as listed in the design manual, that function to penetrate areas, neighborhoods, public service areas, and districts. Such streets are intended to provide both through-traffic and some land-parcel access services in relatively equal proportions, often linking the local street system to the arterial street system. Examples of a collector street include some North Carolina and S.R. numbered streets.
Streets, local are those other than arterial or collector roads that primarily serve land-access functions. They are intended to accommodate land parcel ingress and egress. Through-traffic movement is difficult and discouraged by traffic controls and street design. Examples of local roads include streets internal to subdivisions and rural areas roads.
Street, private means a street or road that is not dedicated as a public right-of-way, which is privately maintained, and is not taken over for maintenance by the state.
Street, public means a street consisting of a publicly dedicated right-of-way.
Structural alteration means any change, except for regular repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams, or girders.
Structure means anything constructed or erected which requires location on the ground or attachment to something having a fixed location on the ground, including, but not limited to, principal and accessory buildings, signs, fences, walls, monuments, bridges, flagpoles, antennas and towers.
Structure, accessory means a subordinate structure detached from, but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
Structure, principal means a structure, or where the context so indicates, a group of structures in or which is conducted the principal use of the lot on which such structure is located.
Subdivider means any person who subdivides or develops any land deemed to be a subdivision as defined in this chapter.
Subdivision means any division 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. It includes any division of land involving the dedication of a new street or change in existing streets.
The following divisions of land are not included in this definition and are not subject to the requirements of article 3:
(1) The combination or recombination of portions of previously subdivided and recorded lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards set forth in article 3, and the minimum gross lot size, minimum lot width and minimum street frontage standards of this chapter;
(2) The division of land into parcels greater than ten acres in area, where no public street right-of-way dedication or opening of streets is involved;
(3) The public acquisition, by purchase, of strips of land for the purpose of widening or opening of streets;
(4) The division of a tract in single ownership whose entire land area is no greater than two acres into 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 set forth in article 3, and this chapter; or
(5) 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. ch. 29.
Subdivision, commercial means the subdivision of an existing development on a zoning lot or recorded parcel that consists of commercial and/or office uses. Such a subdivision would create two or more individual lots plus land developed and designated for the common use and benefit of the occupants/owners of the individual commercial subdivided lots.
Subdivision, major means any subdivision creating three or more lots since September 1, 2000.
Subdivision, minor means a subdivision, of a parent parcel, creating two lots or less since September 1, 2000.
Sweepstakes/internet gaming facility means any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals (collectively “the machines”) to conduct games of chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations, or cybercafes. This does not include any lottery approved by the State of North Carolina.
Temporary means an event, structure, or use that exists for a limited period of time, but no longer than 90 days.
Tourist home means any building occupied by the owner or operator in which rooms are rented for lodging of transients and travelers for compensation.
Transmitting towers and facilities means the use of land, buildings or structures for above-ground transmission and/or reception of airborne radio, television or microwave signals, including all transmitting and receiving towers, dishes, and antennas.
Undeveloped land means a zoning lot on which no residential, commercial, office or industrial activity is taking place.
Use means the specific activity or function for which land, a building, or a structure is designated, arranged, intended, occupied, or maintained.
Use, conditional means a use permitted on a zoning lot only after a conditional use permit has been issued by the board of adjustment, or the planning board, where appropriate.
Variance means a relaxation of the strict terms of a specific provision of this chapter authorized by the board of adjustment in accordance with the provisions of article XI of this chapter.
Vendor sales means the sale of goods on a temporary basis. Vendors may set up displays for the sale of household goods, home crafts, apparel, and food items on commercially zoned property. Vendor sales shall be limited to Thursday through Sunday. Vendors shall be limited to no more than two nonconsecutive weeks at a single site, within a calendar month.
Veterinary hospital or clinic means an establishment used for the care, grooming, diagnosis, and treatment of sick, ailing, or injured animals in need of medical or surgical attention.
Warehouse means a building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed and reshipped.
Wireless telecommunications tower/facility. See LDC subsection 14-257(o)(3).
Zoning lot means the area within a zoning boundary of a parcel which has more than one zoning district.
(Ord. of 7-10-2000, § 2.1; Amend. of 4-14-2003; Amend. of 8-11-2003; Amend. of 8-6-2007; Amend. of 6-1-2009(1); Amend. of 9-7-2010; Amend. of 7-2-2012; Amend. of 2-3-2014; Amend. of - - )
Cross reference—Definitions generally, § 1-2.