For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future tense. Words used in the singular number shall include the plural, and words used in the plural include the singular. The word PERSON includes a firm, co-partnership, company, organization, trust, association, corporation or other entity as well as an individual. The word LOT includes the words “plot,” “parcel,” or “tract.” The word BUILDING includes the word “structure.” The word USED or OCCUPIED as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.” The word SHALL is always mandatory. The word MAY is permissive.
ACCELERATED EROSION. Any increase over the rate of natural erosion as a result of land- disturbing activity.
ACCELERATION LANE. An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular traffic flow.
ACT. The North Carolina Sedimentation Pollution Control Act of 1973, G.S. §§ 113A-50 et seq., and all rules and orders adopted pursuant to it.
ACTIVITY. The quality or state of causing action or change as applied to site development, whether a portion of a site or its entirety, as will be determined by the Board of Commissioners on an individual basis depending on the action under consideration.
ACCESSORY DWELLING UNIT (ADU). A secondary dwelling unit established on one parcel in conjunction with a principal single-family dwelling unit. Accessory dwelling units shall be subordinate in floor area, bulk, and height to principal single-family dwelling unit. An accessory dwelling unit may be included as part of the principal single-family dwelling unit, attached to the principal single-family dwelling unit by an enclosed walkway, or entirely detached from the principal single-family dwelling unit. The use of manufactured or mobile homes, travel trailers, motorhomes, campers or similar vehicles as an accessory dwelling unit is prohibited.
ADDITION. Any construction that increases the size of a building or site features in terms of site coverage (parking, walkways, structures, etc.), height, length, width, or gross floor area.
ADEQUATE EROSION CONTROL MEASURE, STRUCTURE OR DEVICE. One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.
ADJOINING PROPERTY. Any lot within town boundaries having a border that touches at any point the border of the property that is the subject of a proposed permit, appeal, variance or rezoning, as well as any tract that would have such a common border point with the subject property if one were to disregard:
(1) Any intervening street or other public or utility right-of-way; and
(2) Any intervening property that is under the same ownership as the subject property.
AERIAL ADVERTISING DISPLAY. An outdoor advertising display affixed to a balloon, kite, airplane, vehicle or other apparatus in such a manner as to be displayed in air space.
AESTHETIC. The perception of artistic elements or elements in the natural or man-made environment which are pleasing to the eye.
AFFILIATE. A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person.
AIRCRAFT. Any contrivance used or designed for navigation of or flight in the air by one or more persons.
AIRPORT. An area of land or water other than an airstrip that is designed or used on a recurring basis for the landing and take-off of aircraft.
AIRSTRIP. An area of land or water, located on private property, which the owner of such land uses (or authorizes the use of) for the landing and take-off of:
(1) Not more than two aircraft owned or leased by the owner of such property; or
(2) Aircraft engaged in crop dusting of land owned or leased.
ALLEY. Any access or thoroughfare 20 feet or less in width which has been dedicated or deeded for public or private use.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, rafters, or changes in roof or exterior building lines except for repair and replacement.
ALTERNATIVE TOWER STRUCTURE. Clock towers, sculptures, bell steeples, light poles and similar alternative-design mounting structures that conceal the presence of antennas or towers.
ANTENNA. Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure usually consisting of a series of directional panels, microwave or satellite dishes or omnidirectional “whip” antennas.
ANTENNA, STEALTH. Wireless telecommunications antenna and related equipment designed to blend into the surrounding environment or integrated into the physical structure to which it is attached.
APARTMENT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation intended and designed to be used as a permanent residence. For the purposes of this chapter, apartment will also be referred to as multi-family dwelling.
APARTMENT HOUSE. See the definition for DWELLING, MULTIPLE.
APPRAISED VALUE. The cost of a structure as estimated by an appraiser certified by the State of North Carolina or designated and specified by the American Institute of Real Estate Appraisers.
AS-BUILT SITE PLAN. See the definition for SITE PLAN, AS-BUILT.
ASSISTED LIVING FACILITY. Residences designed, constructed and occupied exclusively for persons with disabilities and/or elderly that provide rooms, meals, personal care, supervision of self-administered medication and a range of health-care services on-site. An assisted living facility may provide other services, such as recreational activities, financial services, transportation, and housing for older persons as defined in the Fair Housing Act, Section 807(b)(2), or as may be amended.
AUTOMATED ICE VENDING STRUCTURE. Enclosed, free standing, unmanned structure with minimum gross floor area of 75 square feet, that produces and vends bagged and bulk ice.
AUTOMOBILE REPAIR AND MAINTENANCE. A retail or wholesale establishment designed and operated to repair or maintain passenger vehicles and sell related automotive supplies and fluids.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also known as the 100-year flood.
BASE TRANSCEIVER STATION. Equipment that provides the link between wireless communications and land-based public telephone switching networks, including radio frequency transceivers, back-up power sources, power amplifiers and signal processing hardware, typically contained in a small building or cabinet.
BED AND BREAKFAST. A single-family detached dwelling that consists of a single dwelling unit, together with the rental of one or more dwelling rooms on a daily or weekly basis to tourists, vacationers or other transients; where the provision of meals, if provided at all, is limited to the breakfast meal; and where the bed and breakfast operation is conducted by persons who own and reside within the dwelling unit, with the assistance of not more than the equivalent of one full-time employee.
BEING CONDUCTED. A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.
BERM. A ledge or deposit of material, especially sand or small rocks, on a horizontal surface for the purpose of separating two surfaces such as a space between the edge of pavement and a roadway ditch.
BLOCK, DECORATIVE. Concrete masonry units which are split faced or rock faced on exterior exposures.
BOARD OF ADJUSTMENT. The Board of Adjustment of the town.
BOARDING HOUSE. A residential unit that consists of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units; where the rooms are occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests; and where the dwelling unit is occupied by the owners or operators of the boarding house.
BORROW. Fill material which is required for construction and is obtained from locations other than the construction site.
BREWERY. A building or establishment or portion thereof for brewing beer and other malt beverages.
BUFFER STRIP. A device of material and/or space used to provide sight and sound screening from adjoining properties. The required height and width of the buffer strip and the materials used vary according to use.
BUFFER ZONE. The strip of land adjacent to a lake or natural watercourse.
BUILDABLE AREA. The portion of a lot remaining after required setbacks have been accommodated.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50% of its perimeter. The term BUILDING shall be construed as if followed by the words “or part thereof.” (For the purposes of this chapter, each portion of a building separated from other portions by a fire wall shall be considered as a separate unit.) For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds.
BUILDING FRONTAGE. The side where the main building entrance is located and in the general direction in which the principal building faces.
BUILDING, HEIGHT OF. The distance between the average elevation of the finished grade, such point to be computed at the corners of the proposed building foundation and the highest point of the structure, excluding chimneys, cupolas, cooling towers, elevators, bulkheads, scenery lots, monuments, domes, spires and parapet walls.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.
BUILDING SITE. Area of disturbed land and vegetation required for placement of a structure, its accessways and utilities, including area disturbed for parking lots, power lines, driveways, septic tank nitrification fields, cemeteries and hiking trails.
BULKHEAD. A wall that retains and stabilizes earth slopes.
CAMPER. A self-propelled vehicle or structure or a structure which is or may be situated upon or hauled by the body of a self-propelled vehicle, which contains sleeping or kitchen quarters or both sleeping and kitchen quarters.
CANDLEPOWER. Luminous intensity expressed in candelas.
CANOPY. Roof-like cover, including an awning, that projects from a wall of a building over a door, entrance or window; or a free-standing or projecting cover above an outdoor service area, such as at a gasoline service station.
CHANGE OF USE. A change to the essential character or nature of the activity conducted on a lot.
CLUSTER HOMES. Buildings containing separate bathing, kitchen, sanitary, and sleeping facilities designed to be occupied by not more than one family, with the buildings located in such a manner that all sides of any building and any appurtenant thereto are directly on a lot line.
COASTAL AREA. That territory adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean or estuarine water.
CO-LOCATION. The location of wireless telecommunications equipment from more than one provider on one common tower, building or structure.
COMMERCIAL ACTIVITY. Any activity done for compensation (or as a result of compensation paid to another in order to engage in such activity) where the activity undertaken is conducted outside or inside of the perimeter walls of the structure.
COMMISSION. The North Carolina Sedimentation Control Commission.
COMMUNICATION BROADCAST STUDIOS AND SALES OFFICES. Studios including sales offices where communication and broadcast activities for radio and television are conducted.
COMMUNITY RECREATIONAL FACILITIES. A recreational facility which is constructed for, open to and available for public recreation.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT. No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
CONDOMINIUM. A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. (See G.S. Ch. 47C, or as amended.)
CONVENIENCE STORE. A retail store containing less than 3,000 square feet of gross floor area that is designed and stocked to sell small amounts of food, beverages and other household supplies and may sell gasoline, oil and other automotive fluids and accessories.
COTTAGE COURT. A group of three or more detached, single-family dwelling units, each with one or more bedrooms, located on a single lot, being under single ownership and used primarily for rental purposes.
DAY CARE CENTER. A child day care facility as defined in G.S. § 110-86(3). An adult day care facility as defined in G.S. § 131D-6(b).
DEALERSHIP, MARINE. A retail business for marketing new or used boats or the repair and service of same primarily housed in a structure and characterized by a mixture of uses upon a commercial site.
DEALERSHIP, MOTOR VEHICLE. A retail business for marketing new or used motor vehicles or the repair and service of same primarily housed in a structure and characterized by a mixture of uses upon a commercial site.
DECELERATION LANE. An added roadway lane that permits cars to slow down and leave the main vehicle traffic flow.
DECK/PATIO, COVERED. An unheated, open-air structure that may be partially enclosed with a roof and railing or walls not exceeding 42 inches in height from the deck/patio floor on at least one side. The area between the roof and the railings or wall may be covered with screening materials only, and can not be enclosed with windows or other materials.
DENSITY. The number of dwelling units or hotel units which may be constructed upon a parcel of land, as allowed by the various zoning districts.
DEPARTMENT. The North Carolina Department of Environment and Natural Resources.
DEVELOPER. A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit or building permit.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations which adds to or changes the amount of impervious or partially impervious cover on a land area, thereby decreasing the infiltration of precipitation into the soil and altering the hydrologic characteristics of the area. The subdivision of land and/or the initiation or substantial change in the use of the land or the intensity of the use of the land.
DIRECTOR. The Director of the Division of Land Resources of the Department of Environment and Natural Resources.
DISCHARGE POINT. That point at which runoff leaves a tract of land.
DISTRICT. The Dare County Soil and Water Conservation District created pursuant to G.S. Ch. 139.
DOG DAY CARE FACILITY. A facility providing such services as canine day care for all or part of a day, obedience classes, training, grooming, or behavioral counseling, provided that overnight boarding is not permitted.
DRAINAGE AREA OR WATERSHED. That area contributing water runoff to a given area measured in a horizontal plane which is enclosed by a ridge line.
DRIVEWAY. An area of land used for vehicular ingress and egress which may be improved in accordance with the specifications of this chapter.
DRIVEWAY, RESIDENTIAL. A driveway providing vehicular ingress and egress to and from property used for residential purposes.
DUNES, OCEAN. Mound(s) of sand located landward of the ocean beaches that have stable and natural vegetation present, have an elevation equal to the mean flood level for the area plus six feet, and extends landward through a dune system of a frontal, primary, and secondary dunes to a landward toe, which is the location of the landward maximum slope change and lowest elevation behind the dune system.
DUNE(S), INLAND. Mound(s) of sand other than ocean dunes having an elevation of 15 feet or more above mean sea level.
DWELLING, MULTIPLE FAMILY (MULTI-FAMILY). A structure under one roof or portion thereof used or designed as a residence for three or more families living independently of each other in individual dwelling units including apartments and townhouses.
DWELLING, SINGLE-FAMILY. A detached building other than a mobile home designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY (DUPLEX). A detached building, divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units contained entirely under one roof and having one dividing partition common to each unit or having the ceiling structure of the lower unit and the floor structure of the unit above.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping unit for owner occupancy or rental or lease and physically separated from any other units which may be in the same structure and containing independent cooking, sleeping facilities and sanitation for a single family. Hotel, motel or other accommodation for transient public are not included in this definition.
ELIGIBLE HOUSEHOLD. A family who occupies one housing unit on a year-round basis with a total combined adjusted gross annual income at or below 125% of Median Family Income for Dare County. For purposes of this section, the income of all individuals age 18 or older residing in the housing unit shall be counted toward the total adjusted gross annual income for the eligible household, excluding income earned by any member of the household who is enrolled in good standing and pursing a degree program at an accredited college or university.
ENERGY DISSIPATOR. A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down energy from high velocity flow.
EROSION. The wearing away of land surface by the action of wind, water, gravity or any combination thereof.
EVENT GARDEN(S). An outdoor, landscaped area with facilities designed for events such as weddings, birthday parties, family reunions, and similar functions.
FAMILY. Individuals living together as a single housekeeping unit.
FISHING PIER. A structure extending into the ocean, sound or other waters for the specific purpose of providing a platform for fishing or other related activities.
FLOOD or FLOODING. The general and temporary condition of partial or complete inundation of normally dry land areas from precipitation or the overflow of ocean, sounds, creeks, watercourses or lakes or abnormally high tidal water or rising coastal water resulting from severe storms, hurricanes, tidal waves or flash flooding.
FLOOD, HUNDRED-YEAR. The highest level of flooding that, on the average, is likely to occur once in every 100 years, for example, that has a 1% chance of occurring each year.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, floodproofing, flood control work and land use and control measures.
FLOOD PROTECTION ELEVATION, REGULATORY. The highest water surface elevation likely to be reached during a 100-year flood.
FLOOR AREA RATIO (FAR). On any developed parcel of land the gross floor area of a building or buildings divided by the usable land area.
FLOOR AREA, GROSS. The sum of the horizontal areas of several stories of a building measured from the exterior walls. GROSS FLOOR AREA shall include: (a) heated areas, (b) enclosed porches, (c) enclosed stairwells, (d) elevator shafts, and (e) outdoor restaurants and customer seating areas covered or uncovered. In atriums, the projected area of each floor, where the resulting space would be of habitable height, shall be included in GROSS FLOOR AREA. GROSS FLOOR AREA shall not include: (a) interior or partially enclosed parking spaces, (b) attic or storage areas where the floor to ceiling height is less than six feet, (c) covered or open decks not part of restaurant seating, or (d) outdoor pools or pool decks.
FOOTPRINT. The outline of a building, including decks, roof eaves, overhangs, porches and steps, when extended to the ground.
FOREST CANOPY. Collective term for the light-intercepting layer formed by all of the tree tops and ultimate leaf-bearing branches in a forest; the uppermost layer of vegetation in a forest; tightly woven network of interlocking tree branches that function as the roof of a forest.
FOREST SUBCANOPY. A light-intercepting understory layer formed by shade-tolerant saplings, shrubs and small trees such as dogwood, muscle wood, hop hornbeam and holly beneath the canopy of a forest.
FOUNDATION. The base upon which a building stands or is supported.
FRONTAGE. That boundary of a parcel of land that adjoins a street’s right-of-way.
FURNITURE STORE. A retail business with a minimum of 75% of the floor area dedicated to display and sale of sofas, chairs, dressers, beds, rugs and mattresses.
GARAGE, PRIVATE. An enclosed space used as an accessory to or a part of the main building permitted in any residence district and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
GARAGE, PUBLIC. Any building or premises, except those described as a private or storage garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation, repaired or kept for hire or sale or for remuneration.
GARAGE, STORAGE. Any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.
GENERAL USE DISTRICT. A zoning district with designated permitted uses and designated special uses.
GLARE. Light for a particular use or area that is reflected or directed off of an object or site onto adjacent streets or property. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
GLAZING. Furnished or fit with glass.
GOLF COURSE. A tract of land used for playing golf, improved with fairways having a minimum length of 50 yards and having tees, greens and hazards and the tract of land may include clubhouses and shelters.
GOLF COURSE, MINIATURE. A tract of land used for playing golf, improved with fairways having a maximum length of 50 yards and having tees, greens and hazards and the tract of land may include clubhouses and shelters.
GOLF COURSE, NATURAL GRASS PUTTING. A grassed tract of land used for playing golf, improved with fairways, tees, greens and hazards and such tract of land may include clubhouses and shelters. A NATURAL GRASS PUTTING COURSE has no aboveground man-made structures or impervious areas on the playing area.
GROUND COVER. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
GROUND STABILIZATION PLAN. A plan which details the stabilization and subsequent re- vegetation of all disturbed areas in accordance with town regulations.
GUEST HOUSE (TOURIST HOME). Any dwelling occupied by the owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation where not more than three rooms are used for such purpose and no other accommodations are provided for such guests.
HABITABLE FLOORS AND LEVELS. Enclosed areas, within a building, which are located below the top of the top plate and above the bottom of the sill girder or, where there is no sill girder, above the bottom plate of each such floor or level. These enclosed areas contain rooms or areas which have been designed, constructed, wired, plumbed, equipped with cooking appliances and furnished to provide for three or more of the following functions:
(1) Preparation, cooking and consumption of food;
(2) Sleeping;
(3) Human waste disposal;
(4) Bathing and showering;
(5) Heating and air conditioning.
HAUNTED HOUSE. An indoor entertainment facility utilizing sets, props and displays for a family-oriented environment with guided tours limited to ten participants per tour with an on-site retail area.
HIGH QUALITY WATERS. Those classified as such in 15A NCAC 2B.0101(e)(5) General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. § 150B-14(c), now repealed, or any applicable successor regulations adopted pursuant to G.S. §§ 150B-18 et seq.
HIGH QUALITY WATER (HQW) ZONES. Areas in the coastal counties that are within 575 feet of high quality waters and for the remainder of the state, areas that are within one mile and drain to HQW’s.
HOME CENTER. A retail outlet carrying products for home improvement, remodeling, maintenance, decorating, home care, recreational/leisure and related needs, including hardware, appliances, lumber and other building materials but only in such amounts as will meet the needs for self-pickup of the individual, do-it-yourself customer and not amounting to a lumber yard or building materials storage yard from which deliveries are made to commercial customers.
HOME OCCUPATION. Any activity that is designed to produce income in which no person other than a member of the family residing on the premises is engaged, no visible evidence (for example, signs of any size, material or equipment) in the outside appearance of the premises of the conduct of such occupation is displayed, no additional parking is required over and above that of residential use and activities are confined to the principal dwelling unit. Uses that do not meet this definition constitute business or commercial activities and must be conducted in an appropriate zone with prior approval.
HOTEL. Any building containing three or more guest rooms which are used, rented, or hired for sleeping purposes by transient guests and with access to units primarily from interior lobbies, courts or halls. Hotels shall include a lobby/check-in area, maid’s room, vending area, 24-hour on-site staffing/management and shall provide daily housekeeping services to all guests.
HOTEL/MOTEL UNIT. A one-story room, which may contain a kitchen or kitchenette and not more than one bathroom. Units shall be determined by the following formulas:
(1) Private guest areas up to 650 square feet: one unit.
(2) Private guest areas greater than 650 square feet: each 650 square foot area of floor space shall be considered one unit.
HYDROLOGIC SOIL GROUPS. Refers to soils grouped according to their runoff-producing characteristics.
IMPROVEMENT. Any change in physical property which requires a permit to be issued by the town, county or state.
IMPROVEMENT, SUBSTANTIAL. Any repair, reconstruction or improvement of a structure having a cost which equals or exceeds 50% of the current appraised value of the structure or such value immediately preceding any loss, whichever is the greater.
INDOOR PUBLIC ASSEMBLY. The use of a public building or structure, or any portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recreation, food and/or drink consumption or awaiting transportation.
INFILTRATION RATE. The rate at which water penetrates the surface of the soil, at any given interval, usually expressed in inches per hour.
INFILTRATION SYSTEMS. Stormwater treatment systems designed to allow runoff to pass or move (infiltrate) into the soil surface.
INTENT. That which states goal, purpose, aim or design.
INTERNET OR ELECTRONIC GAMING OPERATIONS. Any for-profit business enterprise, whether principal or accessory, where persons utilize electronic machines or devices, including but not limited to, computers and gaming terminals, to conduct games of odds or 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. Such business or enterprises have as a part of its operation the running of one or more games or processes with any of the following characteristics: (1) payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens or similar items entitling or empowering the customer to enter a sweepstakes, and without which time the customer would be unable to enter the sweepstakes; or (2) payment, directly or as an intended addition to the purchase of a product, whereby the customer can request a “no purchase necessary” free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. The term ELECTRONIC GAMING OPERATIONS includes, but is not limited to cyber-gaming establishments, internet cafes, internet sweepstakes, beach sweepstakes, video sweepstakes or cybercafes, which have a finite pool of winners. This definition does not include any lottery permitted by the State of North Carolina.
INTERNET OR ELECTRONIC MACHINE OR DEVICE. A mechanically, electrically- or electronically-operated machine or device, that is owned, leased, or otherwise possessed by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsor's or promoter's partners, affiliates, subsidiaries or contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a screen or other mechanism. This section is applicable to an electronic machine or device whether or not:
(1) It is server-based.
(2) It uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.
(3) It utilizes software such that the simulated game influences or determines the winning or value of the prize.
(4) It selects prizes from a predetermined finite pool of entries.
(5) It utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
(6) It predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.
(7) It utilizes software to create a game result.
(8) It requires a deposit of any money, coin, or token of the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device.
(9) It requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device.
(10) It requires purchase of a related product.
(11) The related product, if any, has legitimate value.
(12) It reveals the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded.
(13) It determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
(14) It is a slot machine or other form of electrical, mechanical, or computer game.
JUNK. Any material or item, such as but not limited to old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or debris; junked, dismantled or wrecked motor vehicles, or parts thereof; iron, steel and other old or scrap ferrous or nonferrous material; old or salvaged building materials, appliances, dismantled or wrecked boats, machinery and machinery parts or parts thereof; and any item which is either in a wholly or partially rusted, wrecked, dismantled or inoperative condition.
JUNKYARD. Any lot, land or structure or part thereof used for storing, keeping, buying, processing or selling junk.
KENNEL, BOARDING. Any kennel where pets or animals owned by another person are temporarily boarded (overnight) for pay, trade, barter, commission, or remuneration of any sort; however, this definition shall not apply to a veterinary hospital as defined in this chapter.
LAKE or NATURAL WATERCOURSE. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension and which could be damaged by accumulation of sediment.
LAND-DISTURBING ACTIVITY. Any use of the land by any person in residential, industrial, educational, institutional or commercial development or highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation or erosion.
LAND USE AND CONTROL MEASURES. Zoning ordinances, subdivision regulations, building codes, health regulations and other applications and extensions of the normal police power to provide standards and effective enforcement provisions for the prudent use and occupancy in the various zoned areas of the town.
LIGHTING FIXTURE. Any part of a lighting unit, including bulb or lamp, housing, mounting bracket, pole and pole base or foundation.
LIGHT SOURCE. That element which provides uninterrupted light and illuminates a particular object or area.
LOADING SPACE, OFF-STREET. Space conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
LOCAL GOVERNMENT. Any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns and cities, acting through a joint program pursuant to the provisions of the Act.
LOCAL PERMIT OFFICER. The designated CAMA official who administers and enforces the minor development permit program in areas of environmental concern (AEC) as established by the Coastal Area Management Act.
LONG-TERM OCCUPANCY. A residential dwelling that is occupied and used for residency and housekeeping purposes for a period of 31 days or more and has a use agreement recorded with the Register of Deeds that requires 31 or more consecutive days' minimum occupancy by single tenant(s) in perpetuity.
LOT. A plot, tract or parcel of land or any number of contiguous plots, tracts or parcels of land or plots, tracts, or parcels that would be contiguous if not separated by a public right-of-way in single ownership with or without improvements.
LOT AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.
LOT COVERAGE. That portion of the lot area, expressed as a percentage, that is occupied and obstructed by any structure above the ground, including but not limited to building(s), decks, parking areas, accessways, sidewalks, roadways, pools and structures requiring location on or above the ground. Wastewater drainfield and repair area, any area occupied or used by the town or any underground use for utilities with no paved surface are not considered lot coverage.
LOT DEPTH. The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.
LOT, FLAG. A lot fronting on or abutting a public road and where access to the public road is by a narrow strip of land.
LOT LINES. The lines bounding a lot as defined herein:
(1) LOT LINE, FRONT. Boundary of a parcel that adjoins a street or public right-of-way. Where a rectangular lot has two such boundaries, that with the least length shall be the front.
(2) LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 30 feet long and wholly within the lot.
(3) LOT LINE, SIDE. Any lot boundary line not a front lot line or rear lot line.
LOT OF RECORD. A parcel of land whose description has been recorded with the Register of Deeds of Dare County.
LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT WIDTH. The width of a lot at the required building setback line measured at right angles to its depth.
MARINAS. Any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than ten boats and providing permanent or transient docking spaces, dry storage, fueling facilities, haul-out facilities and/or repair service but excluding boat ramp facilities allowing access only temporary docking and none of the preceding services.
MARKET RATE UNIT. The price of a housing unit determined by the value at which a unit would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.
MARQUEE. A canopy or covered structure projecting from and supported by a building.
MEDIAN FAMILY INCOME (MFI). The median family income for Dare County as determined annually by the US Department of Housing and Urban Development.
MEDICAL CLINIC. A building or structure or portion thereof where medical services are provided for out-patients only and where instruction may be provided for medical students.
MOBILE HOME (INCLUDES DOUBLE-WIDE and TRIPLE-WIDE UNIT). A habitable unit with integrated chassis and integrated device to receive a trailer hitch; body width exceeding eight feet or body length exceeding 32 feet; and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
MOBILE HOME LOT. A parcel of land for the placement of a mobile home for the exclusive use of its occupant as may be allowed by zoning.
MOBILE HOME PARK. A parcel, tract or contiguous parcels of land which has been designated and improved for the placement of mobile homes for dwelling purposes.
MODULAR UNIT. A factory-fabricated building, designed to be transported to the site by separate conveyance, to be used by itself or to be joined at a building site with other similar units to form a unified structure. The term does not apply to prefabricated sub-elements such as trusses which are to be incorporated into a structure at the building site.
MOTEL. Any building containing three or more guest rooms which are used, rented, or hired for sleeping purposes by transient guests which is distinguished from a hotel primarily by reason of providing exterior ingress and egress to each unit. Motels shall include a lobby/check-in area, maid’s room, vending area, 24-hour on-site staffing/management and shall provide daily housekeeping services to all guests.
NATURAL EROSION. The wearing away of the earth’s surface by water, wind or other natural agents under natural environmental conditions undisturbed by man.
NEON. Includes lighting and/or signage that contain gas discharge tubing and/or fiber optic tubing of various colors and intensity where the tubing is visible.
NONPROFIT SERVICE ORGANIZATION. Organization or group that exists for community service benefit and which has nonprofit status as defined by the U.S. Internal Revenue Service.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuge,
fill, structure or matter in, along, across or projecting into any channel, water course or floodplain area which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting material carried by such water; or any such structure that is placed where the flow of water might carry the same downstream to the damage of life or property.
OCEAN DUNE PLATFORM. A platform constructed on the frontal dune.
OPEN SPACE. An unimproved space open to the sky.
OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary improvements as are necessary and appropriate.
OUTDOOR DINING ACTIVITY AREA. Unenclosed seasonally-utilized area outside the primary structure, including elevated decks, excluding covered entrances not to exceed 200 square feet used as a dining and recreation area for patrons of the restaurant where food and drink service and courts for outdoor games and/or live music are provided. Game components must be temporary and moveable like those for cornhole, horseshoes, croquet, bocce, etc.
OUTDOOR DISPLAY. Merchandise located outdoors, visible from public rights-of-way.
OUTDOOR STORAGE. Merchandise located outdoors, not visible from public rights-of-way by screening or location within an enclosure.
OUTDOOR WAITING ACTIVITY AREA. Unenclosed seasonally-utilized area outside the primary structure, including elevated decks, excluding covered entrances not to exceed 200 square feet, used as a waiting area for patrons of the restaurant where no food or drink service is provided but where courts for outdoor games and/or live music are provided. Game components must be temporary and moveable like those for cornhole, horseshoes, croquet, bocce, etc.
PARENT. An affiliate that directly, or indirectly through one or more intermediaries, controls another person.
PARKING CIRCULATION AREA. That portion of the vehicle accommodation area, other than dead-end access lanes, used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
PARKING LOT. An area or plot of land used for the temporary placement of motor vehicles.
PARKING SPACE. A vehicular storage space plus the necessary access space located outside any dedicated right-of-way.
PERFORMANCE GUARANTEE. Any security that may be accepted by a municipality as a guarantee that improvements required as part of an application for development will be satisfactorily completed.
PERMEABILITY. The quality of the soil that enables water to move downward through the strata which is measured as the number of inches per hour that water moves downward through the saturated soil.
PERMIT. An official document or certificate issued by the authority having jurisdiction to authorize performance of a specified activity.
PERSON. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit.
PERSON CONDUCTING LAND-DISTURBING ACTIVITY. Any person who may be held responsible for a violation unless expressly provided otherwise by this chapter, the Act or any order adopted pursuant to this chapter or the Act.
PERSON RESPONSIBLE FOR THE VIOLATION. As used in this chapter and G.S. § 113A-64 means:
(1) The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; and/or
(2) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbing activity or has benefitted from it or he has failed to comply with any provision of this chapter, the Act or any order adopted pursuant to this chapter or the Act as imposes a duty upon him.
PHASE OF GRADING. One of the two types of grading, rough or fine.
PLACES OF WORSHIP. Churches, synagogues, temples and the like.
PLAN. An erosion and sedimentation control plan.
PLANNED UNIT DEVELOPMENT (PUD). An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters or planned residential developments and one or more public, quasi-public, or commercial areas in such ranges or ratios of nonresidential uses to residential uses as specified in the zoning regulations.
PLANNING BOARD. The Planning Board of the town.
PLAYGROUND. A place, public or private, especially designed and equipped for children’s games and recreation.
POND. Small body of standing water.
PORCH, ENCLOSED. A deck or porch fully enclosed by materials other than screening, which may or may not be conditioned space.
PRE-EXISTING TOWERS AND ANTENNAS. Any tower or antenna on which a permit has been properly issued prior to the effective date of this chapter.
PRIVATE CLUB. A noncommercial club owned and operated by a nonprofit legal entity composed of and with restricted membership.
PROPERTY OWNERS. Those listed as having title to property as recorded in the Dare County Register of Deeds.
PUBLIC SERVICES DEPARTMENT. The Kill Devil Hills Public Services Department.
RECONSTRUCTION/REPAIR. The rebuilding of a structure in such a manner and to such an extent as to replace all or some portion of the existing structure, within the same dimensions, appearance and similar materials of the existing structure. Reconstruction/repair is not considered an addition by this chapter.
REFRESHMENT STAND. See the definition for RESTAURANT, DRIVE-IN.
RELATED IMPROVEMENTS. Equipment and improvements used or necessary to transmit electrical power through the use of above-ground transmission lines.
REMODEL. Any improvement to the exterior or interior of a building that requires a building permit and that is not a structural alteration, reconstruction or addition.
RESTAURANT. An establishment where meals are served to seated patrons. The word RESTAURANT shall not include drive-in facilities, carry-out facilities, snack bars, refreshment stands or any establishment where food is prepared primarily for consumption off premises.
RESTAURANT, DRIVE-IN. Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
RIGHT-OF-WAY. A parcel of land, typically recorded in the public records of Dare County, over which a road may be built or which provides a legal right of passage.
ROAD. All ways used to provide vehicular access to:
(1) Two or more lots; or
(2) Two or more distinct areas or buildings in unsubdivided developments.
ROOF. The outside top covering of a building.
SAIL SHADE. A flexible fabric membrane tensioned between several anchor points designed to provide shade from the sun's rays. intended for temporary seasonal use at outdoor dining activity area(s).
SALT MARSH. A flat bed of salt-resistant grasses, sedges and/or rushes that is periodically flooded by salt or brackish water.
SEASONAL USE. A periodic use characterized by its major activity being associated with the holiday, vacation or recreation industry.
SEDIMENT. Solid particulate material, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.
SEDIMENTATION. The process by which sediment resulting from erosion has been or is being transported off the site of a land-disturbing activity or into a lake or other natural or man-made watercourse.
SETBACK. The minimum distance by which any portion of a building or structure must be separated from a street right-of-way or lot line. For the purpose of this chapter, setbacks shall be measured from the furthest projection of the structure and shall be open and unobstructed from the lowest level skyward except as outlined in § 153.082.
SETBACK, OCEANFRONT. A portion of oceanfront land whose improvement is limited and regulated by the North Carolina Coastal Resources Commission.
SEWERAGE DISPOSAL SYSTEMS. Any system designed for waste disposal which may be used by an owner for disposition of sewage and waste material as required either by the North Carolina Department of Health or the Department of Air and Water Resources or such other regulatory agency as may have jurisdiction thereof.
SHEAR ZONE. The seaward edge of the forest where effects of salt spray are most severe.
SHOPPING CENTER/OFFICE COMPLEX. A group of retail, office, and other commercial establishments that is planned and managed as a single property.
SHORT-TERM VACATION OCCUPANCY. A residential dwelling that is used and/or advertised through online media or any other means of advertising for occupancy by guest(s) for a period of 30 consecutive days or less.
SIGN. Any device used for displaying advertising which is designed to be visible from the right-of-way to inform or to attract attention or any letter, figure, character, mask, plane, point, marquee sign, design, poster, pictorial, picture, stroke, strip, line, trademark, reading matter, aerial display, kite, balloon or illuminated service which shall be constructed, placed, attached, painted, erected, fastened, established or manufactured in any manner whatsoever so that the same will be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and which is displayed in any manner whatsoever out-of- doors. Every such device shall be classified and shall conform to the requirements of the classifications in accordance with this chapter.
SIGN, ANIMATED OR MOVING. Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
SIGN AREA. The surface area of signs, composed in whole or in part of freestanding letters, devices or sculptured matter not mounted on a measurable surface. The area of said freestanding letters, devices or sculptured matter not mounted on a measurable surface shall be construed to be the least area that will enclose the letters, devices, sculptured matter or logo.
SIGN, BULLETIN BOARD. A sign used to announce meetings or programs to be held on the premises of a place of worship, school, auditorium, library, museum, community recreational facility or similar noncommercial places of public assembly.
SIGN, BUSINESS. An on-premises sign which directs attention to a business, profession or industry as to the type of products sold, manufactured or assembled and/or to service or entertainment offered but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.
SIGN, DIRECTIONAL. Signs which contain only the name of the establishment and directional information.
SIGN, ELECTRONIC MESSAGE BOARDS. A sign or portion of a sign that displays electronically generated text, images, graphics, video, whereby the message is formed using a panel or matrix consisting of fiber optics, light bulbs, LED bulbs or other illumination devices within the display area. Electronic message boards signs include but are not limited to, signs also known as Electronic Reader Boards, Electronic Message Centers Signs, Tri-Panel Message Systems, and Commercial Electronic-Variable Message Signs (CEVMS).
SIGN, FREESTANDING, OFF PREMISES, DIRECTIONAL. Any outdoor advertising display sign which is supported by uprights or braces in or upon the ground which contains only the name of the establishment and directional information.
SIGN, FREESTANDING, ON PREMISES. Any outdoor advertising display sign which is supported by uprights or braces in or upon the ground.
SIGN, IDENTIFICATION. A sign used solely to identify the name of an individual, family, organization or enterprise occupying the premises, the profession of the occupant or the name of the building on which the sign is displayed.
SIGN, LED/LCD. Signs that have alphabetical, pictographic, or symbolic content that can be changed or altered on a display screen using light emitting diodes technology, liquid crystal display technology, or other technology that produces an electronic image on a display screen.
SIGN, MANUAL MESSAGE BOARD. A sign or portion of a sign in which message copy is changed or rearranged manually in the field, through the utilization of attached letters, numbers, symbols and other similar characters or changeable pictorial panels, without altering the face or surface of the sign.
SIGN, MARQUEE. A projecting sign attached to or hung from a marquee.
SIGN, NONCOMMERCIAL. A sign structure designed and intended to promote, support, call attention to or give notice to a cause, nonprofit and noncommercial service or political message of an individual, charitable organization, political group or other entity.
SIGN, OUTDOOR ADVERTISING, WITH STRUCTURE. A sign and structure which directs attention to a business, commodity, service or entertainment conducted, sold or offered either off premises or as a minor or incidental activity upon the premises where the sign is displayed.
SIGN PERMIT. A permit issued by the town that authorizes the recipient to erect, move, enlarge or substantially alter a sign.
SIGN, PORTABLE. An outdoor advertising display sign on wheels or otherwise not affixed to a permanent foundation.
SIGN, PROJECTION. An outdoor advertising display sign which is affixed to any building wall or structure and extends beyond the building wall, structure or building line more than 12 inches.
SIGN, ROOF. An outdoor advertising display sign erected, constructed or maintained above or on the roof of any building.
SIGN, SHINGLE. A projection or wall sign not over six feet in area, constructed of metal or other noncombustible material, attached securely to a building.
SIGN, TEMPORARY. A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a period not to exceed 30 days.
SIGN, VEHICULAR. Any message, symbol or design painted or constructed upon any vehicle, including a trailer, which is parked in the public right-of-way or parked in a manner where an advertising message is understandable from the road or street and which does not have a current license, current inspection sticker or current registration and which such vehicle is not used in normal day-to-day operation of the business for the purpose of delivering goods or services. A VEHICULAR SIGN shall include any vehicle or a trailer that is used primarily for the purpose of displaying advertisement.
SIGN, WALL. An outdoor advertising display sign painted or affixed to the wall of any building that projects not more than 12 inches from the building.
SIGN, WINDOW. A sign that is placed, painted or attached to or within 24 inches of glazing and is visible from the exterior of the building.
SIGNS, TOURIST ORIENTED DIRECTIONAL-GUIDE. Signs that display the business identification of and directional information for tourist oriented businesses and tourist oriented facilities (as defined by G.S. § 136-140.15) or for a class of business or facility that are tourist oriented.
SILL GIRDER. The lowermost structural beam of a building which rests on the foundation wall or pilings and which supports the floor and exterior structure walls.
SILTATION. Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures which has been transported from its point of origin within the site of a land-disturbing activity and which has been deposited into or is in suspension in water.
SITE. The area or parcel of land on which any improvement has been or is about to be located and operated and comprising one or more subdivided lots, unsubdivided parcels, tracts or areas of land which join and are being developed under a common scheme of development.
SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. A site plan and the site plan procedures for approval contained in this chapter shall confer upon the applicant the rights which are provided in Chapter 996 of the 1989 Session Laws, being G.S.§ 160D-108, or amendments thereto relating to vested rights for a site specific development plan.
SITE PLAN, AS-BUILT. The development plan for one or more lots on which is shown the changes made during construction of the lot or lots, including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices and any other information that reasonably may be required so that a determination can be made on whether or not the site was developed in accordance with the approved site plan.
SITE PLAN, NATURAL FEATURES. A site plan and accompanying report detailing existing vegetation, watercourses and topography.
SITE SPECIFIC DEVELOPMENT PLAN. A preliminary subdivision plat or commercial site plan approved by the Board of Commissioners.
SKIRTING AREA. That area beneath a mobile home from the underside of the floor area to the ground.
SPECIAL USE PERMIT. A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board.
STORAGE. The safekeeping of goods.
STORAGE, OPEN. An unroofed storage area, whether fenced or not.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
STORM, TEN-YEAR. The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average once in ten years and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions (usually two hours). Volume of runoff for the design storm will equal 4.3 inches of rainfall as determined by the U.S. Weather Bureau.
STORMWATER COLLECTION SYSTEM. Any pipe, channel, curb or gutter for the primary purpose of transporting (not treating) stormwater runoff.
STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in any form.
STORMWATER SYSTEMS, OFF-SITE. The systems necessary to control stormwater from more than one development. Such systems may be owned and operated as a duly licensed utility or by a local government.
STORMWATER SYSTEMS, ON-SITE. The systems necessary to control stormwater within an individual development project.
STORY, BUILDING. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above. The basement of a building shall be considered a story if it is used for purposes other than storage or heating.
STREET. Any improved and permanently dedicated public right-of-way which has been accepted for maintenance by the North Carolina Department of Transportation or the town.
STREET LINE. That line common to a street and abutting land.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
STRUCTURE, ACCESSORY. A building or other structure, the use of which is clearly incidental to and customarily found in conjunction with the principal structure or use located on the same lot. All setbacks shall be measured from the furthest projection, from the ground upward, of the accessory structure.
STRUCTURE, ACCESSORY EQUIPMENT. A building or cabinet-like structure located adjacent to, or in the immediate vicinity of, a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
STRUCTURE, COMMERCIAL. Includes all development with the exception of single-family dwellings and two-family dwellings as defined in this section.
STRUCTURE, PRINCIPAL. A structure in which the primary use of the lot on which the building is located is conducted. PRINCIPAL STRUCTURE includes all structures greater than six inches above finished grade and less than two feet from the main building. Fencing, poles, post and other ornamental features shall not be considered part of the PRINCIPAL STRUCTURE. All setbacks shall be measured from the furthest projection, from the ground upward, of the PRINCIPAL STRUCTURE.
STRUCTURE VALUATION. The valuation of the structure appearing on the Dare County January 1 tax assessment of the property for the current tax year or an appraisal certified and submitted by a qualified appraiser. Value shall be only on the structure not including any land or other associated site value.
SUBSIDIARY. An affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person.
SUNROOM. A room or a portion of a structure where more than 75% of the roof and walls are composed of glass, plexiglass or other transparent material.
SWALE. A natural or constructed waterway, typically broad and shallow, seeded to grass as protection against erosion, which conducts surface water away from development sites or provides an area for stormwater percolation.
SWEEPSTAKES. Any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.
TOP PLATE. The structural member of a building located at the point where the structural wall framing and the structural roof framing join together at the top of the uppermost habitable floor. If the building is designed having top plates at more than one horizontal level, the uppermost one shall be considered the top plate in so far as usage in this chapter is concerned.
TOURIST HOME. See the definition for GUEST HOUSE.
TOWER, GUY. A tower design that features supporting cables and wires anchored to the ground surrounding the tower.
TOWER, LATTICE. Three- or four-legged steel girdered structures typically supporting multiple communications users and services generally ranging from 60 to 200 feet in height.
TOWER, MONOPOLE. Single pole design, approximately three feet in diameter at the base narrowing to approximately 1½ feet at the top, generally ranging from 25 to 150 feet in height.
TOWER, TELECOMMUNICATIONS. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, personal communications service (PCS) towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.
TOWNHOUSE. A single structure consisting of three or more dwelling units, each with no other dwelling or portion of dwelling directly above or below, each dwelling unit of which having direct ground level access to the outdoors and connecting to the other units by at least one common wall with no openings. For the purposes of this chapter, TOWNHOUSE will be referred to as multi- family dwelling.
TRACT. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
TRAILER. A house car, camper, camp car, house trailer, trailer home, mobile home or other similar vehicle which may or may not be mounted on wheels, skids or rollers, either self-propelled or located by other means, including any such dismounted vehicle or unit, whether prefabricated, prebuilt or otherwise or placed upon a masonry or other stationary foundation which is used or designed to be used for permanent or semipermanent living or sleeping quarters, including bedrooms or kitchens or both. This definition shall not include vehicles designed primarily for the transportation of goods and merchandise, luggage and the like. This definition shall include a single unit or combination of units so defined as trailers.
TRAILER PARK. A parcel or tract of land under single ownership which has been planned and improved for the temporary placement of campers or trailers as a service to the traveling public.
TRAILER, TRAVEL. Any vehicle equipped with an axle which may have been used for sleeping quarters and being either self-propelled or designed to be towed by a motor vehicle.
TRANSMISSION LINE. Above-ground electric transmission lines, connected to a common system of linear towers and other appurtenant structures (collectively, an OVERHEAD TRANSMISSION SYSTEM).
TREE. Any woody plant of single or multiple trunks with a diameter of four inches or more at one foot above the ground.
TREE REMOVAL. Any act which causes a tree to die or cease to exist within a period of two years of that act, including but not limited to felling, girdling, logging, poisoning, burning.
TWENTY-FIVE YEAR STORM. The storm water runoff resulting from precipitation of an intensity expected to be equaled or exceeded on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
UNCOVERING. The removal of ground cover from, on or above the soil surface.
UNDERTAKING. The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.
UNIT. Each apartment within a multi-family structure.
USE. Any purpose for which a building or other structure or a tract of land is or may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
USE, ACCESSORY. A use which is clearly subordinate to, incidental to and customarily found in connection with the principal use and located on the same lot with such principal use.
USE, CHANGE OF. The replacement of an existing use by a new use that is a change in the category of permitted use, but not including change of ownership, tenancy, or management where the previous use, line of business, or other function is substantially unchanged.
USE, COMMERCIAL. Includes all uses with the exception of single-family dwellings and two-family dwellings as defined in this section.
USE, NONCONFORMING. A use of building or land which does not conform to the regulations of the district in which such building or land is situated but which is lawful since it existed before adoption or amendments of this chapter.
USE, PRINCIPAL. The business activity which comprises the primary or majority of the commercial activity that occurs on a site as permitted by the Town of Kill Devil Hills.
USE, SPECIAL. A use described in a list of such special uses in this chapter for specific zoned districts and as may be allowed by the Board of Commissioners.
UTILITY POLE. Pole used to support essential services such as power, telephone or cable TV lines or used to support street or pedestrian way lighting, typically located in public rights-of-way.
VARIANCE. A relaxation of the terms of the zoning code where such variance will not be contrary to the public interest.
VEGETATION. A collection of natural growth species.
VEGETATION LINE. The first line of stable natural vegetation representing the boundary between the normal dry-sand beach and the more stable upland areas being generally located at or immediately oceanward of the seaward toe of the frontal dune and/or erosion escarpment, and where there is no stable natural vegetation present, this line shall be established by connecting or extending the lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either on-ground observation or by aerial photographic interpretation) to establish the line. The VEGETATION LINE shall be established by the local CAMA permit officer on a case-by-case basis.
VEGETATIVE FILTER. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that runoff does not become channelized and which provides for infiltration of runoff and filtering of pollutants. The direction of stormwater flow defines the width of the filter.
VELOCITY. The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.
VETERINARY HOSPITAL/CLINIC. An establishment for the care and treatment of the diseases and injuries of domestic animals and where the animals may be boarded during their convalescence.
WAREHOUSE. Any structure, store, depot or supply dump used for storage of merchandise, commodities, materials for business, stock for the production of any articles and/or any items requiring temporary or permanent shelter where there is no public access and no retail sales.
WAREHOUSE, INDUSTRIAL COMPLEX. A single development site having combined enclosed gross floor area exceeding 50,000 square feet. A WAREHOUSE, INDUSTRIAL COMPLEX must have at least 60% of its enclosed gross floor area used as warehouse, large warehouse and/or industrial warehouse, including office space required for warehouse operation. Warehouse office space shall not exceed 100 square feet or 15% of the gross floor area of the associated business's warehouse space whichever is larger to be included as part of the area of the warehouse industrial complex. The remainder of the gross floor area may be used for additional office space for associated businesses or any other permitted use within the zoning district.
WAREHOUSE, LIGHT INDUSTRIAL. A business use or activity involving manufacturing, fabrication, assembly, warehousing and/or storage including boat manufacturing, cabinet work, stone
or concrete works, machine or blacksmith shops, motor or freight terminals, and similar uses where there is no public access and no retail sales.
WAREHOUSE, RETAIL. A wholesale retail/warehouse establishment offering merchandise to the public and office areas.
WASTE. Surplus materials resulting from on-site construction and disposed of at other locations.
WATER SURFACE ELEVATION. The height in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points in the floodplain.
WET RETENTION POND. A structure that provides for the storage and/or treatment of runoff and includes a permanent pool of water.
WETLAND SWALE. Seasonally flooded or water saturated ground depressions.
WIRELESS TELECOMMUNICATIONS SERVICES (WTS). Licensed or unlicensed wireless telecommunications services, including cellular, digital cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), commercial or private paging services or similar services marketed or provided to the general public. This definition does not include services by noncommercial entities in the Amateur Radio Service, Public Safety Radio Service or licenses assigned to nonprofit organizations, such as the Red Cross, Civil Air Patrol and Military Affiliated Radio Service (MARS), that are licensed by the Federal Communications Commission (FCC).
WORKFORCE MULTI-FAMILY HOUSING. Multi-family development for an eligible household which: rents for a total annual amount at or below 30% of 125% of Median Family Income for Dare County; or, sells at a price no more than three times 125% of Median Family Income for Dare County.
WORKING DAYS. Days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.
YARD. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the ground level of the graded lot upward, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this chapter.
YARD, FRONT. A yard area where the width is measured the entire length of the property line between the side property lines; and its depth is measured as the distance between the street right-of-way line and the required front setback line.
YARD, REAR. A yard extending across the rear of the lot between side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
YARD, SIDE. A yard extending from the rear line of the required front yard to the rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.
ZONING NONCONFORMITY. Any use, facility, building, lot, sign, structure, outdoor lighting, fence, landscaping, impervious surface, off-street parking lot, or other element of this chapter, which lawfully existed at the time it was created and because of revisions to this chapter currently fails to comply with one or more applicable regulations, restrictions or standards of this chapter.
(Ord. 91-08, passed 11-18-91; Am. Ord. 93-06, passed 6-14-93; Am. Ord. 94-01, passed 1-26-94; Am. Ord. 94-06, passed 4-11-94; Am. Ord. 96-12, passed 6-10-96; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-05, passed 6-27-01; Am. Ord. 01-10, passed 8-13-01; Am. Ord. 01-12, passed 11-14-01; Am. Ord. 02-02, passed 1-14-02; Am. Ord. 02-05, passed 2-27-02; Am. Ord. 02-14, passed 7-24-02; Am. Ord. 03-05, passed 4-14-03; Am. Ord. 03-07, passed 6-25-03; Am. Ord. 03-11, passed 6-25-03; Am. Ord. 03-16, passed 10-15-03; Am. Ord. 04-01, passed 2-25-04; Am. Ord. 04-02, passed 4-24-04; Am. Ord. 04-06, passed 4-28-04; Am. Ord. 04-08, passed 5-26-04; Am. Ord. 04-18, passed 10-11-04; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 05-19, passed 10-4-05; Am. Ord. 05-20, passed 11-14-05; Am. Ord. 06-05, passed 4-10-06; Am. Ord. 06-08, passed 5-8-06; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 07-07, passed 5-23-07; Am. Ord. 07-17, passed 10-24-07; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 08-03, passed 1-14-08; Am. Ord. 08-11, passed 3-26-08; Am. Ord. 08-13, passed 4-14-08; Am. Ord. 08-22, passed 8-11-08; Am. Ord. 08-35, passed 12-8-08; Am. Ord. 09-19, passed 10-28-09; Am. Ord. 10-03, passed 4-12-10; Am. Ord. 11-04, passed 4-11-11; Am. Ord. 11-08, passed 5-25-11; Am. Ord. 11-21, passed 10-10-11; Am. Ord. 12-01, passed 1-25-12; Am. Ord. 12-13, passed 5-23-12; Am. Ord. 12-22, passed 11-14-12; Am. Ord. 13-01, passed 1-14-13; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-07, passed 6-17-14; Am. Ord. 14-25, passed 2-9-15; Am. Ord. 15-6, passed 9-21-15; Am. Ord. 16-6, passed 11-15-17; Am. Ord. 16-19, passed 6-27-18; Am. Ord. 16-21, passed 7-19-18; Am. Ord. 16-23, passed 1-14-19; Am. Ord. 17-28, passed 3-8-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-8, passed 3-7-22; Am. Ord. 19-12, passed 7-11-22; Am. Ord. 19-22, passed 8-14-23)