For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT (OF REAL PROPERTY). A parcel of land, use or structure which has been physically and objectively discontinued, ceased, relinquished, vacated and/or not maintained for a consecutive period of 180 or more days.
ABUTTING. The condition of two adjoining lots having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.
ACCESSORY DWELLING UNIT. A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.
ACCESSORY STRUCTURE. A structure that is subordinate in use and square footage to a principal structure or permitted use.
ACCESSORY USE. A use that is customarily incidental, appropriate, and subordinate to the principal use of land or buildings and is located upon the same lot.
ADDITION. An attached structure added to an original structure after the completion of the original.
ADJACENT. A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.
ADULT ENTERTAINMENT. An adult entertainment establishment shall include any place defined as an “adult establishment” or “sexually oriented establishment” by G.S. § 14-202.10, including adult cabarets, adult live entertainment business, or any massage establishment where massages are rendered by any person exhibiting “specified anatomical areas,” or where massages are performed on any client’s “specified anatomical areas”. ADULT ENTERTAINMENT ESTABLISHMENTS may consist of, include or have the characteristics of any or all of the following:
(1) Adult or sexually-oriented bookstore sales and distribution;
(2) Adult or sexually-oriented paraphernalia sales and distribution;
(3) Adult or sexually-oriented cabaret;
(4) Adult or sexually-oriented mini motion picture theater;
(5) Adult or sexually-oriented motion picture theater; and
(6) Adult retail.
AGGRIEVED PARTY. A person, with a legally recognized interest (i.e., fee simple ownership) and standing to appeal, that is injuriously affected by a decision from any decision-making body of the town, including any officer or agent of the town.
ALLEY. A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or expansion in the size, configuration or location of a structure; or any change or expansion in the use of a structure or lot, from a previously approved or legally existing size, configuration, location or use.
APPEAL OF ADMINISTRATIVE DECISION. An appeal of an administrative decision-maker’s interpretation or decision reviewed and approved, approved with conditions or denied by the Board of Adjustment in accordance with § 152.080 of this chapter.
APPLICANT. The owner of land, or the authorized representative of the landowner, applying for a development approval or permit.
APPLICATION. The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by the appropriate town officer, board, or commission as part of the development review processes.
ARCHITECTURAL LIGHTING. Exterior lighting that is designed to highlight structures, plantings or significant architectural features in a direct or indirect fashion.
ASSESSED VALUE. The monetary price that a parcel of land, portion of land, improvement on land, or other commodity assigned by the County Property Appraiser’s office for the purposes of taxation.
ASSISTED LIVING RESIDENCE. Any group housing and services program for two or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. ASSISTED LIVING RESIDENCE includes any nursing service exceptions authorized by the state’s Department of Human Resources on a case-by-case basis. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. ASSISTED LIVING RESIDENCES are to be distinguished from nursing homes subject to provisions of G.S. § 131E-102. There are three types of ASSISTED LIVING RESIDENCES: adult care homes (family care homes); group homes (for developmentally disabled adults); and multi-unit assisted housing with services.
ATTACHED RESIDENTIAL. Residential development including duplexes, triplexes, live/work, multi-family and townhouse dwellings.
AUTHORIZED AGENT. A person with express written consent to act upon another’s behalf.
BANNER. A sign made of flexible material used to advertise a business or a product for sale.
BAR, NIGHTCLUB or SIMILAR ESTABLISHMENT. An establishment having as its principal or predominant use the serving of alcohol for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such uses is derived from alcohol sales and the secondary source from the serving of food. Such uses may also provide on-site entertainment in the form of live performances, dancing, billiards or other entertainment activities. Performances related to the display of specific anatomic areas (as classified by G.S. § 14-202.10) are considered as “adult entertainment uses”.
BASE FLOOD ELEVATION. That elevation, expressed in feet above mean sea level, to which flooding can be expected to occur on a frequency of once in every 100 years, or which is subject to a one percent or greater chance of flooding in any given year.
BED AND BREAKFAST INN. A private residence, generally a single-family detached dwelling located in a residential district, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers and businesspeople, where provision of meals is limited to guests only.
BERM. An elongated earthen mound typically designed or constructed on a site to separate, screen or buffer adjacent uses.
BOARD OF ADJUSTMENT. A quasi-judicial board appointed by the town’s Board of Commissioners and the County Commissioners.
BOARD OF COMMISSIONERS. Board of Commissioners of the Town of Kenansville, North Carolina.
BUFFER, RIPARIAN. The area of natural or planted vegetation adjacent to a natural watercourse as measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams, rivers, lakes, ponds or wetlands which is intended to remain undisturbed.
BUILT-UPON AREA. The area of land onto which a structure is planned to be built or is constructed, including impervious surface.
BUILDING. A structure that is enclosed and isolated by a roof and exterior walls and used for shelter, support or enclosure as a residence, business, industry, or other public or private purpose, or accessory thereto, the construction of which may require a building permit under the state’s Building Code.
BUILDING ENVELOPE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks or build-to lines, buffers, easements or other applicable regulations.
BUILDING FOOTPRINT. The area of a lot or parcel of land included within the surrounding exterior walls and/or outermost projection of the roof of a building or portion of a building, exclusive of courtyards.
BUILDING HEIGHT. The vertical distance measured from the main level of the finished grade along the front of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip, cone, gambrel or shed roofs.
BUILDING LINE. A line establishing the minimum allowable distance between the nearest part of any building, excluding porches, bay windows, covered porches, decks and patios, to the nearest edge of a street right-of-way, lot line or easement.
BUILDING MASS. The height, width and depth of a structure.
BUILDING PERMIT. An official document issued by the county’s Inspections Department pursuant to this chapter and the state’s Building Code authorizing the erection, construction, reconstruction, restoration, alteration, enlargement, conversion, remodeling, demolition, moving or repair of a building or structure.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.
CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The CALIPER of the trunk is measured six inches above the ground for trees up to and including four inches in diameter, 12 inches above the ground for trees greater than four inches and up to ten inches in diameter and at breast height (four and one-half feet) for trees ten inches or greater in diameter.
CANOPY. A permanent, but not completely enclosed structure that may be attached or adjacent to a building for the purpose of providing shelter to people or automobiles, or a decorative feature on a building wall. A CANOPY is not a completely enclosed structure.
CARPORT. A roofed structure not more than 75% enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles.
CASUALTY DAMAGE. Damage to a use, lot or structure from an event that is sudden, unexpected and unusual, such as a hurricane, earthquake, fire, flood, theft or similar event.
CERTIFICATE OF OCCUPANCY. A document issued by the county’s Inspections Department allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this chapter and all other applicable regulations.
CHANGE OF USE. The change in the use of a structure or land, for which a certificate of occupancy is required. CHANGE OF USE shall include a change from one use to another use in the list(s) of permitted uses.
COLLECTOR STREET. A street whose principal function is to carry traffic between local, subcollector and cul-de-sac streets and streets of higher classification, but which may provide direct access to abutting properties.
COLLEGE or UNIVERSITY. A public or private, non-profit institution for post-secondary education offering courses in general or technical education which operates on buildings or premises of any tract size owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and other facilities which further the educational mission of the institution.
COMMENCEMENT OF CONSTRUCTION. The first placement of permanent evidence of a structure on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. COMMENCEMENT OF CONSTRUCTION does not include the installation of streets or walkways; nor the excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of temporary buildings, such as garages, sheds or trailers, not part of the main structure nor occupied as dwelling units.
COMMERCIAL RECREATION, INDOOR. A private indoor (entirely within enclosed structure) use providing for sport and recreation activities, that are operated or carried on primarily for financial gain. Examples of INDOOR COMMERCIAL RECREATION uses include, but are not limited to, fitness centers, bowling alleys, skating rinks, indoor commercial swimming pools and racquet and tennis club facilities (indoor).
COMMERCIAL RECREATION, OUTDOOR. A private outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of OUTDOOR COMMERCIAL RECREATION uses include, but are not limited to, miniature golf facilities, outdoor commercial tourist attractions and privately-owned active sports facilities such as ball fields and basketball courts and racquet and tennis club facilities (outdoor).
COMPATIBLE. A term used to describe how the visual aspects of a structure (including signage) are similar to or consistent with the other structures on the same parcel, site or in the immediate vicinity. Visual aspects include, but are not limited to: color; texture; materials; scale; size; form; and aspect.
CONDOMINIUM. A development containing individually-owned dwelling units and jointly owned and shared areas and facilities that is subject to the state’s Unit Ownership Act (G.S. Ch. 47A) and/or the state’s Condominium Act (G.S. Ch. 47C).
CONNECTIVITY. The relative degree of connection between streets, sidewalks or other means of travel.
CONTIGUOUS. Abutting directly or immediately adjacent to a boundary or separated only by a street, railroad or public utility right-of-way.
CONTINUOUS VISUAL SCREEN. Screening of vehicular use areas or outside storage by vegetative material, berms or structures (walls and fences), or a combination of these items designed to completely obstruct off-site views of the vehicular use area typically to a height four feet above the adjacent grade.
COPY. Any words, letters, numbers, figures, characters, symbols, logos or insignia that are used on a sign display surface area.
COUNTY. Duplin County, North Carolina.
COUNTRY CLUB. Land area and buildings containing golf courses, swimming pools, tennis courts or similar recreational facilities along with a clubhouse and customary accessory uses which are open to members and their guests, or to the general public on a fee basis.
CREMATORY. A facility containing furnaces for the reduction of dead bodies to ashes by fire.
CROSS-ACCESS. Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.
CUL-DE-SAC STREET. A short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.
DAY CARE. A place where daytime care, supervision and protection is provided to three or more children or adults who are not the legal wards or foster children of the attendant adult within an occupied residence.
DENSITY, GROSS. The number of dwelling units on the entire area of a tract or lot.
DENSITY, NET. The number of dwelling units on a tract or lot minus the area of public rights-of- way, areas of flood hazard, lakes or water bodies or wetlands under the jurisdiction of the U.S. Army Corps of Engineers.
DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.
DEVELOPMENT. The initiation, construction, change or enlargement of any use or structure, the disturbance of land through the removal of trees or ground cover, or the division of land into two or more parcels. DEVELOPMENT shall include, but not be limited to, the following:
(1) Construction or enlargement of a building or structure;
(2) Change in the type of use of a building, structure or land;
(3) Material increase in the intensity of use of land, such as an increase in the number of businesses, offices, manufacturing establishments or dwelling units located in a building or structure or on the land;
(4) Commencement or expansion of resource extraction, agricultural, horticultural or forestry activities on a parcel of land;
(5) Demolition of a structure or the removal of trees from a parcel of land;
(6) Deposition of refuse, solid or liquid waste or fill on a parcel of land;
(7) Alteration, either physically or chemically, of the shore, bank or channel of any stream, lake or other body of water or alteration of any wetland; and
(8) Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
DIAMETER AT BREAST HEIGHT (DBH). The measurement of the diameter of a tree trunk taken at a height of four and one-half feet above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.
DISTRICT. An area delineated on the official zoning map that sets forth standards and guidelines for all development within the prescribed district.
DISTRICT, OVERLAY. A zoning district that encompasses one or more underlying zoning district and that imposes additional requirements above that required by the underlying zoning district.
DRIPLINE. A vertical line that extends from the outermost branches of a tree’s canopy to the ground around the circumference of the tree.
DRIVE-THROUGH. A facility designed to enable a person to transact business while remaining in a motor vehicle.
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. Such accessway may be the primary drive aisle or may be a separate driveway.
DWELLING or DWELLING UNIT. A building or portion thereof, provides complete and permanent living facilities for one family. This term shall not apply to a hotel, motel, guesthouse or other structures designed for transient residence.
DWELLING, DUPLEX. A single-family dwelling unit attached to one other single-family dwelling unit by a common vertical wall. Each dwelling unit may be located on its own lot or both may be located on a single lot.
DWELLING, LIVE/WORK. A structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.
DWELLING, MANUFACTURED HOME, CLASS A. A manufactured home constructed after 7-1-1976, that meet or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(1) The manufactured home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;
(2) The manufactured home has a minimum of 1,200 square feet of enclosed and heated living area;
(3) The pitch of the roof of the manufactured home has a minimum vertical rise of three and two-tenths feet for each 12 feet of horizontal run and the roof is finished with a type of composition shingle that is commonly used in standard residential construction;
(4) The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions);
(5) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(6) The manufactured home is set up in accordance with the standards set by the state’s Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home;
(7) The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches and entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the state’s Building Code;
(8) The moving hitch, wheels and axles, and transporting lights have been removed;
(9) Each manufactured home shall be only for single-family occupancy;
(10) A manufactured home shall comply with the Federal Housing Administration requirements relative to tie downs; and
(11) The electrical meters servicing the manufactured home is mounted (attached) directly to the manufactured home.
DWELLING, MODULAR. Modular homes are built off-site in pieces and are designed to meet the state’s Building Code when assembled on a development site. With advancements in modular home technology, MODULAR HOMES often are often transported to the building site in only one or two pieces and may appear similar to a manufactured home prior to installation on a permanent foundation. MODULAR UNITS are treated as the equivalent of site-built homes for zoning purposes. State law does set minimum design standards for MODULAR UNITS, and requires MODULAR UNITS to meet these standards.
(1) The pitch of the roof shall be no less than five feet rise for every 12 feet of run, for homes with a single predominant roofline.
(2) The eave projections of the roof shall not be less than ten inches (excluding roof gutters) unless the roof pitch is 8/12 or greater.
(3) The minimum height of the first-story exterior wall must be at least seven feet six inches.
(4) The materials and texture of exterior materials must be compatible in composition, appearance and durability to the exterior materials commonly used in standard residential construction.
(5) The modular home must be designed to require foundation supports around the perimeter. (G.S. § 20-109.2)
DWELLING, MULTI-FAMILY. A dwelling containing three or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings.
DWELLING, SINGLE-FAMILY DETACHED. A residential building containing not more than one dwelling unit to be occupied by one family, not physically attached to any other principal structure. For regulatory purposes, this term does not include manufactured homes, recreational vehicles or other forms of temporary or portable housing.
DWELLING, TOWNHOUSE. A type of multi- family dwelling, in which three or more individual dwelling units are located on individual lots, but attached by one or more common party walls which are shared by one or more units for more than 50% of their total linear distance along the lot line.
DWELLING, UPPER STORY LOFT. An upper story loft is a residential unit located on second or higher floors of a structure whose ground floor is used for non-residential purposes.
EASEMENT. A grant by the property owner of a strip of land for a specified purposes and use by the public, a corporation or persons, such as for utilities.
ENCROACHMENTS. Any portion of a structure or appurtenance extending beyond a designated zoning setback, easement, property line or public right-of- way.
ERECT. To build, construct, attach, hang, place, suspend or affix, also including the painting of wall signs.
ESTABLISHED GRADE. The finished grade following grading, excavation or other land-disturbing activity.
EXISTING DEVELOPMENT. Structures, buildings, site specific development plans or other projects that are completely built or that at a minimum have established a vested right as of the effective date of this chapter based on at least one of the following being satisfactorily proven to the Ordinance Administrator for the specific development in question:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the development, or
(2) Having an outstanding valid building permit as authorized by G.S. § 153A-344.1 and G.S. § 160A-385.1; or
(3) Having an approved site specific or phased development plan as authorized by G.S. §§ 153A-344.1 and 160A-385.1.
EXPANSION. An increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements or structures.
EXTRATERRITORIAL JURISDICTION. The area outside municipal limits where the town exercises planning, zoning and subdivision powers.
FACADE. The exterior wall of a building parallel to the frontage line or the street that fronts the parcel on which the building is located. FACADES may be on the front, side or rear elevation of the building.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit; or a group of not more than six persons not related by blood, marriage or adoption living together as a single housekeeping unit, as in a family care home.
FAMILY CARE HOME (ADULT CARE HOME). An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two to six unrelated residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed ADULT CARE HOMES provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and, therefore, require supervision. Medication in an ADULT CARE HOME may be administered by designated trained staff. FAMILY CARE HOMES provide room and board, personal care and habilitation services in a family environment for persons with disabilities.
(G.S. § 168-21, G.S. § 131D-2.1)
FENCE. A structure used to delineate a boundary or act as a barrier or means of protection, confinement or screening.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of each floor of the principal building’ and any accessory buildings or structures, measured from the exterior walls or from the centerline 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 crawl space.
FOOT CANDLE. The amount of light that falls onto a surface as emitted by an exterior lighting device.
FRONT LOT LINE. The front lot line is the line connecting the two side lot lines along the edge of the lot adjacent to the right-of-way of the street that provides the lot’s street address. (Also referred to as the LOT FRONTAGE.)
FULL CUT-OFF LENS. An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.
GLARE. The reflection or harsh, bright light and the physical effect resulting from high luminance or insufficiently shielded light sources to cause annoyance, discomfort or loss in visual performance and visibility.
GOLF DRIVING RANGE. A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Such uses may include a concessions stand, netting, exterior lighting fixtures, putting greens, as well as maintenance and outdoor storage areas. Such uses do not include golf courses.
GOVERNMENT OFFICES AND FACILITIES. An office or other facility of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, town and county administrative offices, courts, employment offices, public assistance offices, motor vehicle licensing and registration services, maintenance and repair centers and supply and equipment depots. This use does not include jails or correctional institutions.
GRADE. The elevation of the land or land level at a specific point.
GRADE, STREET. The height of the top of the curb or, if no curb exists, the height of the edge of pavement in the lane of travel.
GROUND COVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
GROUP CARE FACILITY. (See definition of ASSISTED LIVING FACILITY.) A facility licensed by the state (called by any name, which is not a “family care home”, as defined by this chapter) which employs supervisory and support personnel to provide care for fewer than 30 individuals, including room, board and personal care and habilitation services in a communal setting.
HEIGHT. The vertical distance from the mean grade elevation taken at the fronting street side of a structure to the parapet or roofline of a flat roof, the eave of a pitched roof, or the deck line of a mansard roof.
HISTORICAL PLAQUES. Commemorates an event or person of historic interest and to associate that point of interest with a specific locale one can visit. HISTORICAL PLAQUES mounted in accordance with the United States Secretary of the Interior’s Standards for Rehabilitation are not considered signs.
HOME OCCUPATION. A business, profession, occupation or trade which is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely or perceptively affect the character of the lot or surrounding area. HOME OCCUPATION includes, but is not limited to: offices; electronic and offsite retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming and the like. HOME OCCUPATION does not include such businesses as: automotive repair and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business which is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.
HOSPITAL. An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, that is licensed by state law to provide facilities and services in surgery, obstetrics or general medical practice. Such institutions may include in-patient medical or surgical care for the sick or injured and related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities.
HOTELS and MOTELS. Hotel and motel are to be considered synonymous uses. A HOTEL or MOTEL means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.
IMPERVIOUS SURFACE. Buildings; parking areas; driveways; streets; sidewalks; areas of concrete, asphalt, gravel or other compacted aggregate; and areas covered by the outdoor storage of goods or materials which do not absorb water.
IMPROVEMENT. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping or other object, or any part thereof, constituting physical addition to real property.
INDUSTRY, LIGHT. The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor or vibration. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids and surgical instruments; manufacture, processing, and packing of food products, cosmetics and manufacturing of components, jewelry, clothing, trimming decorations and any similar item.
INTERPRETATION. An interpretation of this chapter made in writing by the Ordinance Administrator or designee in accordance with the standards in § 152.079 of this chapter.
INTERMITTENT STREAM. A stream which fails to convey water for some or part of the year due to fluctuations in season, temperature or humidity.
KENNEL, COMMERCIAL. A facility where dogs, cats or other domestic animals over three months of age are kept, raised sold, boarded, bred, shown, treated or groomed. Such a facility may have an indoor and outdoor component.
LAND. The earth, water and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
LANDOWNER. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and agent or personal representative of the owner. The person shown on the records of the Register of Deeds of the county shall be presumed to be the person in control of the property.
LATTICE TOWER. A freestanding steel framework tower with three or four sides designed to support antennas or other communications equipment.
LIVE/WORK UNIT. A structure that accommodates both working and living or housing functions, typically with a retail unit and a dwelling unit.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles and not considered as part of the minimum required off-street surface parking.
LOCAL STREET. A street whose primary function is to provide access to abutting properties.
LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards and open spaces required in these regulations.
LOT DEPTH. Lot depth means the horizontal distance between the midpoints of straight lines connecting the front lot line and the rear lot line.
LOT FRONTAGE. See FRONT LOT LINE.
LOT LINE. The lines bounding a lot as established by ownership.
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 prior to 3-2-2009, or a lot described by metes and bounds recorded prior to the enactment of a subdivision ordinance within the controlling jurisdiction.
LOT WIDTH. The distance between the side lot lines measured along a setback line or build-to line, or, the distance measured between the side lot lines along the street right-of-way if no setback has been established.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT, IRREGULARLY SHAPED. A lot with three sides, more than four sides, or with corner angles greater or less than 90 degrees. The front yard of such lots shall be determined with respect to adjacent homes and street vistas.
LOT, NON-CONFORMING. A lot that met all legal requirements when it was platted or otherwise recorded but which does not comply with the minimum lot area or minimum lot width requirements of this chapter, or a subsequent amendment hereto, for the zoning district in which it is located.
LOT, REVERSE FRONTAGE. Any lot oriented to an abutting street in such a way that the intersection of the front building line, extended and the street right-of-way line form an interior angle of less than 45 degrees. A REVERSE FRONTAGE LOT may also be a corner lot, through lot or an interior lot.
LOT, SINGLE-TIER. A lot which backs up to a limited access highway, railroad, waterbody, physical barrier or other type of use other than another lot.
LOT, THROUGH. 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”.
MAJOR THOROUGHFARE. Major thoroughfares consist of interstate, other freeway, expressway or parkway links, and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.
MANUFACTURED HOME PARK. A parcel of land developed to accommodate manufactured housing.
MAXIMUM EXTENT PRACTICABLE. No feasible or practical alternative exists, as determined by the Ordinance Administrator, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account, but shall not be the overriding factor determining MAXIMUM EXTENT PRACTICABLE.
MEDICAL TREATMENT CENTER. An establishment where patients are admitted for examination and treatment by one or more physicians, dentists or psychologists, and where patients may or may not be lodged overnight.
MINIMUM LOT SIZE. The minimum amount of land area, measured horizontally, included within the lines of a lot as required by this chapter. Lands located within any private easements shall be included within the lot size.
MINOR THOROUGHFARE. Minor thoroughfares collect traffic from collector, subcollector and local streets and carry it to the major thoroughfare system. MINOR THOROUGHFARES are used to supplement the major thoroughfare system by facilitating the movement of moderate volumes of traffic within and through urban areas.
MIXED-USE. A single structure or tract of land containing more than one type of use, where the different types of uses are in close proximity, planned as a unified complementary whole and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.
MONOPOLE TOWER. An antenna-supporting structure typically composed of a single hollow steel shaft with one or more platforms intended for mounting antennas or other communications equipment.
MOTOR VEHICLE USE AREA. The area containing the driveways, drive aisles, parking, stacking and standing areas provided for motor vehicles.
MURAL. A painting or other work of art executed directly on a wall; not considered signs.
NON-CONFORMING LOT. A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NON-CONFORMING SIGN. Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign non- conforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NON-CONFORMING STRUCTURE OR BUILDING. A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this chapter, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NON-CONFORMING USES. Any actual and active use lawfully being made of any land, building, sign or structure not otherwise abandoned, which exists on the effective date of this chapter or on the effective date of any amendment thereto, and renders such existing use illegal within a district, or which does not comply in any fashion with any of the regulations of this chapter or any amendments thereto. If the property or structure is vacant or unused on the effective date of this chapter or any amendment thereto, it shall be conclusively presumed that the property or structure is subject to the provisions of this chapter or any amendments thereto. A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NON-CONFORMITY. A non-conforming use, structure, lot of record or sign.
NORTH CAROLINA GENERAL STATUTES. The laws created by the state’s of North Carolina legislature and to which the town is required to uphold.
NOTICE OF VIOLATION. An initial notice indicating an infraction of this chapter; not associated with a fine.
NURSING HOME. As defined by G.S. 131E-101(6), a facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A NURSING HOME is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities and obstetrical facilities. A NURSING HOME provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
OPACITY. A measurement indicating the degree of obscuration of light or visibility.
ORDINANCE. A document of regulations enforceable as municipal law.
OUTDOOR DISPLAY/SALES. The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.
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 for sale in a new or used car sales lot. Such activities may be the principal use of the land where located or as an accessory use to another principal use.
OVERLAY DISTRICT. A zoning district that includes supplementary or replacement regulations to the requirements of the underlying, base zoning district.
PARCEL. Any quantity of land and/or water capable of being described in definitive terms with respect to its location and boundaries. It may be established as distinct from other parcels which are designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
PARK, PUBLIC. Land used for recreation, exercise, sports, education, rehabilitation or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.
PARKING, OFF-SITE. An off-street parking area provided on a different parcel than the use it is intended to serve.
PARKING, ON-STREET. A location or area within the right-of-way of a public or private street that is reserved for the parking of vehicles. Such areas may or may not be formally designated with signage, striping or parking meters.
PARKING, SHARED. Off-street parking facilities shared by two or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s).
PARKING LOT. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.
PARKING LOT DRIVE AISLE. A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE, ACCESSIBLE. A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.
PARKING SPACE, OFF-STREET. A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way or parking aisle.
PATHWAYS, PEDESTRIAN. Interconnected paved walkways that provide a pedestrian passage through blocks running from street to street, vehicular use areas or other locations.
PERENNIAL STREAM. A stream or other channel that holds flowing water 365 days a year.
PERFORMANCE GUARANTEE. Any security that may be accepted by the town or another government unit to assure that improvements required as part of an application for development will be satisfactorily completed.
PERMITTED USES. Uses allowed to occur by right within a designated zoning or other planning district.
PERSON. For the purposes of enforcing this chapter in accordance with §§ 152.095 through 152.099 and 152.999 of this chapter, PERSON includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. PERSONS subject to the remedies and penalties established in §§ 152.095 through 152.099 and 152.999 of this chapter, for violating this chapter shall include: an architect, engineer, builder, contractor, developer, agency or any other person who participates in, assists, directs, creates, causes or maintains a condition that results in or constitutes a violation of this chapter; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, PERSON means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest or any other legal entity.
PERVIOUS SURFACE. A surface that is penetrable by water to some degree. PERVIOUS SURFACES may be constructed of mixed pervious and impervious surfaces such as concrete and grass or “grass-crete”.
PLAN, SITE. A site plan approval reviewed and approved or denied by the Planning Board in accordance with § 152.075 of this chapter.
PLAN, SUBDIVISION SKETCH. A sketch plan reviewed by the Planning Department and the Engineering Department in accordance with § 152.076 of this chapter.
PLANNING BOARD. The Town of Kenansville Planning Board, established by ordinance in accordance with G.S. §§ 160A-361 and 160A-362.
PLANTING STRIP. Areas adjacent to property lines intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PORCH. A roofed structure not more than 75% enclosed by walls, attached to the main building and not heated or cooled.
PORTABLE SELF STORAGE CONTAINER. Transportable containers designed and used primarily for temporary storage of building materials, household goods, personal items or other materials on residential lots.
PRIMARY ENTRANCE. The place of ingress and egress to a building, parcel or development used most frequently by the public.
PRINCIPAL USE. The primary purpose or function that a lot serves or is proposed to serve.
PRODUCE STAND. A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants grown on the same parcel of land where the stand is located. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods and homemade handicrafts. No commercially-packaged handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also include “pick your own” establishments where customers gather their own produce from the fields for purchase and off-site consumption.
PROJECT AREA. Any area of land or water, regardless of the number of individual lots contained therein, on which development is proposed under this chapter.
PUBLIC HEARING. A meeting open to the public advertised in advance in the local printed media, or as otherwise required by statute, concerning proposed ordinances, amendments or other official town business which require public participation and input.
QUASI-JUDICIAL PUBLIC HEARING. A formal public hearing involving the legal rights of specific parties conducted by the town’s Board of Commissioners or the Board of Adjustment based on evidence and sworn testimony presented during the public hearing. Decisions made during such hearings are based upon and supported by the record developed at the hearing, and typically involve findings of fact made by the decision-making body.
REAR LOT LINE. The rear lot line is the line connecting the two side lot lines along the edge of the lot opposite from the frontage line.
REGISTER OF DEEDS. The duly designated Register of Deeds of Duplin County, North Carolina.
RESTAURANT, WITH DRIVE-THROUGH SERVICE. An establishment where provision is made on the premises for the selling, dispensing, or serving of food, refreshments or beverages to persons seated inside, outside, in automobiles and/or in other than a completely enclosed building on the premises.
RIGHT-OF-WAY. The land dedicated, deeded, used or to be used for a street, road, alley, pedestrian way, crosswalk, bikeway, drainage facility or other public uses, wherein the owner gives up rights to the land so long as it is being or will be used for the intended purpose. RIGHT-OF-WAY also is a land measurement term, meaning the distance between lot property lines which generally contain not only the street pavement, but also the sidewalk, grass area and underground or aboveground utilities.
ROOF, MANSARD. A four-sided roof having a double slope on each of the four sides, with the lower slope much steeper than the upper.
ROOF LINE. The highest point of a flat roof and mansard roof and the lowest point of a pitched roof excluding any cupolas, chimneys or other minor projection.
ROOMING HOUSE. Any building or portion thereof for providing lodging, but not meals, to not more than five guests where rent is paid to the owner or proprietor.
SCHOOL (ELEMENTARY, MIDDLE, SENIOR HIGH). A public or private school offering general, technical, or alternative instruction at the pre-school, elementary, middle and/or secondary school levels which operates in buildings or on premises of any tract size leased or owned by the educational institution for administrative purposes, classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories and other facilities which further the education mission of the institution.
SELF STORAGE FACILITY. A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages and the like).
SETBACK. The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the structure or its supporting member whichever is nearest to the property line or right-of-way.
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 constrained area directly beneath the lighting fixture.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the ground or small branches near the ground. SHRUBS may be deciduous or evergreen.
SIDE LOT LINE. The side lot line is the lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.
SIGHT DISTANCE TRIANGLE. The triangular area computed based on the visibility at an intersection, within which no sign may interfere with visibility (assuming eye level at three and one-half feet to six feet from a distance of 15 feet from the edge of the pavement).
SIGHT TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the curb or a driveway).
SIGN. A name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street, must not be considered a SIGN. Each display surface of a sign or sign face must be considered to be a SIGN.
SIGN, CANOPY (or AWNING SIGN). A sign attached to or painted on a canopy or awning.
SIGN, DIRECTIONAL. A sign used to guide vehicular and/or pedestrian traffic.
SIGN, FREESTANDING. A self-supporting sign resting on, or supported by means of poles, standards or any other type of base on the ground.
SIGN, HANGING. A sign suspended from under a canopy covering a sidewalk or pedestrian arcade.
SIGN, INCIDENTAL. An informational sign that has a purpose secondary to the use of the site on which it is located.
SIGN, MONUMENT. A ground-mounted sign in which the area between the bottom edge of the sign and the ground is substantially filled with a solid architectural material. Solid architectural materials include wood, brick, stone, masonry or hard-coat stucco, but do not include aluminum or similar materials. Substantially filled shall be defined as at least two-thirds of the area between the edges of the sign and the ground.
SIGN, PROJECTING. Any sign other than a wall sign that is attached to and projects from the wall or face of a structure more than 18 inches, including an arcade/marquee sign.
SIGN, REGULATORY. A sign indicating federal, state or municipal regulations for automobiles, trucks, bicycles, pedestrian movement, loading or parking.
SIGN, ROOF. A sign that is placed above or supported on the top of a building.
SIGN, SANDWICH BOARD. A portable A-frame sign with two sides designed to be seen by pedestrians walking along the sidewalk in urban areas.
SIGN, TEMPORARY. A sign or advertising display designed to be displayed for a short period of time.
SIGN, WALL. A sign mounted parallel to or painted on a building facade or other vertical building surface that does not project more than 18 inches from the wall surface.
SIGN FACE. The display surface area of a sign that includes the copy. In the case of freestanding signs, consists of the entire surface area of the sign on which copy could be placed. Where a sign has two display faces back to back, the area of only one face shall be considered the SIGN FACE area. Where a sign has more than one display face, all areas that can be viewed simultaneously shall be considered the SIGN FACE area.
SIGN HEIGHT. The vertical distance as measured at the highest point of the sign to the elevation of the principal grade of the road or street to which the sign is oriented.
SIGN LIGHTING, BACK LIT. Illumination of a sign face where the letters are raised beyond the sign’s background and lighting sources that illuminate the background. The lighting sources are covered so that they are not visible and only the sign’s background is illuminated.
SIGN SUPPORT STRUCTURE. For freestanding signs, the poles or bracing to which the sign is attached or mounted.
SITE-SPECIFIC SITE PLAN (VESTING PLAN). A diagram to scale showing the development plans for a project and containing all information required of site plans and/or subdivision plats.
STACKING/STANDING AREA. A portion of the vehicular use area on a site that is dedicated to the temporary storage or “standing” of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the STACKING/STANDING AREA.
STATE. The state of North Carolina.
STATE ROADWAY SYSTEM. The system of surface roadways owned and operated by the state.
STORM WATER. The direct runoff response of a watershed to rainfall including the surface and subsurface runoff and any associated material that enters a ditch, stream or storm sewer during a rainfall event.
STREET STUB. A non-permanent dead end street intended to be extended in conjunction with development on adjacent lots or sites.
SUBCOLLECTOR STREET. A street whose principal function is to provide access to abutting properties, but which is also designed to be used to connect local streets with collector or higher classification streets.
STRUCTURE. Anything constructed, installed or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural or office purposes, either temporarily or permanently. STRUCTURE also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, docks, mooring areas and similar accessory construction.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision, as herein described.
SUBDIVISION. Includes all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development of any type and also includes all divisions of land involving the dedication of a new street or a new street right-of-way or a change in existing streets; provided, however, that, the following will not be included within this definition:
(1) The combination or recombination of portions of parcels platted and recorded prior to the effective date of this chapter, or portions of lots platted in compliance with this chapter after its effective date, where the total number of lots is not increased and the resultant lots are equal to the standards of this chapter and the appropriate planning area classification;
(2) The division of land into parcels greater than ten acres where street right-of-way dedication or reservation is not involved;
(3) The creation of strips of land for the widening or opening of streets, sidewalks or greenways, or the location of public utility rights-of- way;
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where street right-of-way dedication or reservation is not involved and where the resultant lots are equal to or exceed the standards of the appropriate planning area classification; and
(5) The division of land into plots or lots for use as a cemetery.
SUBDIVISION FINAL PLAT. A type of subdivision approval reviewed and approved or denied by the Board of Commissioners in accordance with § 152.076 of this chapter.
SUBDIVISION PRELIMINARY PLAT. A type of subdivision approval reviewed and approved or denied by the Board of Commissioners in accordance with § 152.076 of this chapter.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion or improvement of a structure, the cost of which exceeds 50 of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. SUBSTANTIAL IMPROVEMENT shall not include, however any repair or improvement required bringing the structure into compliance with existing state or town health, sanitary, safety or building ordinance specifications necessary to ensure safe habitation of the structure.
SWIMMING POOL. An above- or below-ground structure with a potential water depth of two feet or more that may be filled with water and used for swimming.
TEXT AMENDMENT. An amendment to the language of this chapter approved, approved with conditions, or denied by the Board of Commissioners in accordance with § 152.071 of this chapter.
TOWN. Town of Kenansville, North Carolina.
TRACT. All contiguous land and waterbodies under single or diverse ownership being developed as a unit consisting of one or more parcels or lots.
TREE, DECIDIOUS. A tree that drops its foliage annually before becoming dormant.
TREE, EVERGREEN. A tree with foliage that is not dropped, or that remains green throughout the year.
UNDERSTORY TREE. A tree that has an expected height at maturity of no greater than 30 feet.
VARIANCE. A development application reviewed and approved, approved with conditions or denied by the Board of Adjustment in accordance with § 152.074 of this chapter.
VEHICULAR USE AREA. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.
VERTICAL MIXED-USE STRUCTURE.
(1) A pattern of development that integrates several types of uses (e.g., retail, office, residential) within a building, occurring on different floors.
(2) A typical example of a VERTICAL MIXED-USE DEVELOPMENT is a building that includes active uses, such as stores and restaurants, at the street level and residential or office uses on the upper floors.
VESTED RIGHT. The right to undertake and complete a development or use of property under the terms and conditions of an approved site-specific development plan currently in effect or as otherwise allowed by law.
WALL PACKS. An exterior lighting device that is flush-mounted on a vertical wall surface.
WAREHOUSE. A use engaged in storage of manufactured products, supplies and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.
WHOLESALE SALES. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. Wholesale establishment does not include contractor’s materials or office or retail sales of business supplies/office equipment.
YARD. Open space that lies between the principal structure(s) and the nearest lot line. The minimum required yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter. YARDS are further classified as front, rear and side. Uses and structures that may be permitted in required yards include accessory structures, patios, decks and open porches, bay windows, open steps, driveways, fences and permitted signs, underground utilities, existing vegetation, required landscaping and lighting.
YARD, FRONT. A space extending the full width of the lot between the front facade of a building and the front lot line or the fronting street right-of-way measured perpendicular to the building at the closest point to the front lot line. Typically, this yard is required to remain open and unoccupied, with the exception of certain encroachments such as porches, bay windows, porticos, arcades, stoops, sidewalks, street trees, street furniture, fences, walls and landscaping.
YARD, REAR. A space extending across the full width of the lot between the rear facade of the principal structure and the rear lot line and measured perpendicular to the structure to the closest point of the rear lot line. REAR YARDS extend from the back of a structure to the lot line. Generally, accessory structures are permitted within this yard.
YARD, REQUIRED. The open space between a lot line and the yard line and the facade of a building within which no structure may be located except as permitted in this chapter.
YARD, SIDE.
(1) A space extending from the front yard to the rear yard between the principal structure facade and the side lot line and measured perpendicular from the side lot line to the closest point of the principal structure facade.
(2) SIDE YARDS extend from the sides of a structure to a street right-of-way or lot line.
ZONING DISTRICT. A geographic area of land designated on the official zoning district map and subject to uniform land use regulations related to uses, density or other similar attributes.
ZONING MAP. The Official Zoning District Map upon which the boundaries of various zoning districts are drawn and which is an integral part of this chapter.
ZONING PERMIT. A permit reviewed and approved, approved with conditions or denied by the Ordinance Administrator in accordance with § 152.077 of this chapter.
(Ord. passed 3-5-2018)