The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Access structure means a uncovered staircase, walkway or handicap access way no greater than four feet in width and constructed above grade at an elevation no greater than reasonably required by topography to connect the principal structure to the street or shoreline.
Accessory building means a detached building subordinate to the principal building on a lot and used for purposes customarily incidental to the principal building and located on the same lot.
Accessory commercial event venue means an event venue that is considered an accessory use for the following primary uses:
(1) Bed and breakfasts (if expressly permitted in the special use permit);
(2) Common amenities (if expressly permitted in the special use permit);
(3) Inns;
(4) Churches;
(5) Conference and meeting facilities;
(6) Restaurants;
(7) Hotels;
(8) Lodges;
(9) Motels;
(10) Outdoor recreational facilities; and
(11) Commercial recreational facilities.
No additional permit is required for this accessory use.
Accessory residential event venue means a single-family home or a residential vacation rental that is leased or operated for profit as an accessory use for special events that are typically private in nature, including, but not limited to, weddings, reunions, corporate retreats, and religious or political gatherings.
Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
Adult entertainment establishment means any business or other activity which, in order to comply with G.S. 14- 190.14 or 14-190.15, and amendments or supplements thereto, is required to limit its patronage or attendance to persons over the age of 18 years.
Apartment means part of a building consisting of a room intended, designed or used as a residence by an individual or single family.
Arterial street means a major roadway serving as a primary street through the town.
Bed and breakfast establishment means a residence which provides temporary lodging and a morning meal to transients for compensation.
Board of adjustment means a committee of citizens appointed by the town council to hear quasi-judicial zoning matters such as variance and special use permit petitions, as well as appeals from a decision of the zoning administrator, or his duly authorized representative, during a evidentiary hearing.
Boardinghouse means any building or portion thereof containing not more than five guest units where rent is paid and guests are transient. The term "boardinghouse" is used interchangeably with the term "roominghouse."
Brewery means a facility that brews and packages beer or other fermented malt beverage for distribution locally and/or regionally. A brewery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Brewpub means a restaurant-brewery that brews small quantities of craft beer, ale, porter or other fermented malt beverages and sells at least 75 percent of it on-site along with food in accordance with state and local laws.
Buffer strip means an area of land, whether landscaped or in its natural state, consisting of evergreen trees and shrubs used to physically separate or screen one use, structure, or property from another so as to visually shield or block noise, light, or other nuisances.
Building means any structure constructed for the shelter, or enclosure of persons, animals, or property of any kind, including, but not limited to, sheds, carports, guest cottages, and other outbuildings, and also including any extension or extrusion of the structure such as balconies, decks, porches, roof overhangs, and foundations. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building.
Building and grading envelope (BGE) means the limits of disturbance affected by the establishment of a building and grounds. All buildings, walls, lawns, driveways, site amenities, septic fields, and associated disturbance from construction activity shall be confined within this zone. The BGE may be sited in one mass or apportioned into several smaller compounds connected by walks or drives. Provided, however, alternative septic systems shall not be included within the BGE where it is demonstrated that any disturbance associated with them is minimal.
Building coverage area means the total area under a building, including any extension or extrusion of the building such as decks, porches, roof overhangs, and foundations.
Building footprint means the total area directly beneath a building as measured from the exterior faces of exterior walls, excluding roofless wooden decks, roof overhangs, and uncovered walkways extending from the building, but including uncovered porches of masonry construction, whether roofed or not, and all porches with roofs.
Building height means the vertical distance measured from the average finished grade at the building foundation line to the highest point of the roof ridgeline.
Building mass means the building height multiplied by the building width and building length.
Building scale means the relationship of a particular building, in terms of building mass, to the building mass of other nearby and adjacent buildings.
Caliper means the diameter measurement of small tree trunks, taken at six inches above the average ground level.
Camp means an establishment which provides simple group lodging accommodations such as cabins, group eating facilities such as a dining hall, accessory buildings, and organized religious, recreational or educational programs for groups of children or adults and families in mostly an open air, out-of-doors setting where the natural environment is used to contribute to the occupants' mental, physical, social, and spiritual growth. The term "camp" shall include, but shall not be limited to, camps with special program emphasis, such as horseback riding, conservation, music, sports, and religious instruction.
Campground means a plot of ground upon which two or more campsites are located, established, and maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.
Campground, tent, means a campground designed for use of tents by persons in vehicles. This shall not include the camping of persons in vehicles not designed for camping purposes. Such campgrounds are dependent upon a service building for toilet and lavatory facilities.
Campground, walk-in, means a camping area designed exclusively for those persons which walk, bicycle, or use some other non-motorized means of access. Such areas shall contain only service roads for maintenance of campground facilities and shall not be used for parking associated with camping. This shall be a tent use area only. Such campgrounds are dependent upon a service building for toilet and lavatory facilities.
Canopy coverage means the area of the subject property that is covered by the foliage of trees.
Child care center means a use of land and buildings to provide group care for children as defined and regulated by the state department of health and human services (NCDHHS). A family child care home, as defined and regulated by the NCDHHS, is not included in this definition.
Clearable area means an area representing the maximum extent of disturbance resulting from construction, including the following:
(1) A zone that extends a maximum of 15 feet from the boundary of any structures (buildings, deck, etc.), defined by an outer clearable area line.
(2) A utility easement zone no more than eight feet in width and no longer than the required length of the easement, defined by an outer clearable area line. Clearable areas may extend into setback areas. See Figure 1.
Clearcutting means the removal of any significant trees in excess of the numbers allowed by the provisions of this chapter, and/or in locations other than those allowed by the provisions of this chapter.
Commercial building means any building or proposed building with a primary use other than a residential use, as defined herein, or any building or proposed building using "Type I" or "Type II" construction, as defined per the state building code, or any building required to have an internal fire suppression system, such as a sprinkler system, per the state building code.
Commercial shopping center means two or more commercial uses planned, constructed, and managed as a single entity, sharing common sidewalks, driveway entrances, and signage; and where customer and employee parking is provided on-site as well as provisions for goods delivery entrances separate from customer access entrances.
Commercial use means activity involving the sale or rental of goods, services, or accommodations such as guest units for compensation.
Common amenities means clubhouses (not to include lodging facilities), gazebos, tennis courts, swimming pools, amphitheaters, parks, or other facilities or structures accessory to one or more residential developments, intended to provide recreational, cultural or social enrichment solely to persons residing within the residential development and their guests and not to the general public.
Community Theatre an establishment owned and operated by a bona fide nonprofit organization that is engaged solely in the business of sponsoring or presenting performing arts events to the public.
Community character means the qualities of the protracted area within the corporate limits such as the natural environment relative to topography, hydrology, flora, open space, and green area; the built environment relative to architectural style, building mass, and type of housing; and the public facilities, infrastructure, and services.
Community development director means the person charged with administration of this chapter. Also, sometimes referred to herein as "director." Unless specified otherwise, the terms "community development director" and "director" include the designee thereof.
Construction boundary means on a site plan the area bounded by the outline of the proposed structure, including the building foundation, decks, septic field and driveway, but not including stairs or walkways associated with paths, boardwalks, ramps, and the like. See Figure 1.
Convention Center a publicly owned or operated establishment that is engaged in the business of sponsoring or hosting conventions and similar large gatherings, including auditoriums, civic centers, convention centers, and coliseums.
Figure 1: Individual Lot Parameters
Dbh means the diameter of a tree trunk measured at breast height, 4½ feet above the average ground level.
Density means the number of dwelling units or guest units per land area.
Design standards means defined parameters to be followed in site development and/or building construction.
Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill; or any use or extension of the use of land.
Development review committee (DRC) means a group consisting of town staff and professional consultants, such as an engineer or landscape architect, selected by the community development director on an as needed basis to review and make recommendations regarding developments such as commercial developments, commercial planned unit developments, residential planned unit developments, subdivisions, land clearing, land disturbance, and/or development of any kind on steep slopes.
Diseased tree means a tree in which fungi, bacteria, mycoplasms, and/or viruses have invaded and infected causing poor growth and weak appearance, disruption of plant processes, distortion of certain tree parts and strain or death of the tree.
Distillery means a facility that manufactures and distributes spirituous beverages. A distillery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Duplex means a building or portion thereof used or designed as two separate dwelling units.
Dwelling means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home, mobile home, or recreational vehicle, which is used solely for a seasonal vacation purpose.
Dwelling unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Dwelling unit density means the number of dwelling units per land area.
Easement means a grant by a property owner of a strip of land for specified purpose and use by the public, a corporation or persons.
Erosion control measures means any measures designed to prevent, retard, or mitigate accelerated erosion and subsequent sedimentation of streams, lakes, and other natural watercourses.
Event venue means a site or facility that is leased or operated for profit for special events that are typically private in nature, including, but not limited to, weddings, reunions, corporate retreats, and religious or political gatherings.
Excavation means a land disturbing activity involving the mechanical removal of earth material.
Excessive removal of trees means the removal, by any means, of all or substantially all the trees and/or woody shrubs from one acre or 25 percent of the acreage of a lot or tract of land, whichever is greater.
Family means one or more persons occupying a dwelling unit, provided that, unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants whose primary employment is on the premises may be housed on the premises without being counted as a family.
Family care home means a home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons.
Fill material means a deposit of earth or other natural or manmade material placed by artificial means.
Filling means a land disturbing activity involving the placement of fill material, including the temporary stockpiling of fill material.
Fire hazard means a condition or set of conditions conducive to the unintended initiation and/or rapid spread of fires. On forested and/or brushy land such conditions include, but are not limited to, the accumulation of woody and other inflammable debris and overgrown underbrush.
Flammable species means any species of tree identified as such in the Lake Lure Tree Management Handbook.
Floor area ratio (FAR) means the gross floor area per gross lot area.
Forest area means a green area consisting of existing forest shown on a site plan and designated either for protection, for thinning, or for removal. When such a forest area is designated on any site plan as protected, all significant trees within it are considered protected trees.
Forest coverage. The forest coverage of a piece of property refers to the extent of forestation on the property. This coverage may be quantified by any of the following means:
(1) By analysis of the canopy coverage as seen in aerial photography;
(2) By calculation of the significant tree density on the property; or
(3) By other means deemed suitable by the tree protection officer. See Appendix B to this chapter.
Forestry activity means logging, timbering, and related forest maintenance activities undertaken on property that is taxed on the basis of its present-use value as forestland under G.S. ch. 105, art. 12 (G.S. 105-274 et seq.). The term "forestry activity" also refers to activity that is conducted in accordance with a forestry plan prepared or approved by a registered forester.
Forestry lands means lands that have been taxed previously on the basis of present-use value as forestry land under G.S. ch. 105, art. 12 (G.S. 105-274 et seq.) or that have been logged under a forestry plan prepared or approved by a registered forester.
Garage apartment means a part of a building in which a garage is located consisting of a room designed or used as a dwelling unit by an individual or single family.
Garden means a plot of ground where herbs, fruits, flowers, ornamentals or vegetables are cultivated.
Gardening means the cultivation of plants in any zoning district on lots solely for the use and/or consumption of the lot owner. No permit is required for this activity if the cultivated area is 2,000 square feet or less and located 50 feet or more from a body of water.
Gatehouses, guardhouses and security gates refers to structures, generally associated with resorts or subdivisions, for the purpose of controlling access to a private property, development, resort or subdivision, usually located in or across a road.
General development plan means a plan showing general land use, all individual uses and associated structures, building sites, land clearing, land disturbance, impacts of uses and structures, vehicular and pedestrian circulation, open space, green area, common areas, natural features, community facilities and utilities, and phasing for the tract of land to be developed.
Girdle means to inflict a cut or other damage to the bark of a tree such that the wound encircles the tree to sufficient depth and extent that the likely result will be the death of that tree.
Grading means any scraping, excavating or filling of the earth's surface or combination thereof.
Green area means an area of land designated on a site plan for conservation, preservation, landscaping, or reforestation.
Gross floor area means the total floor area enclosed within a building as measured from the exterior faces of exterior walls.
Gross lot area means the total area of land before rights-of-way, or any common areas, have been deducted from the overall area of land.
Group care facility means an establishment qualified for a license by the state which provides resident services to individuals of whom one or more are unrelated. The individuals are handicapped, aged or disabled, are undergoing rehabilitation or extended care, and are provided services to meet their needs. The term "group care facility" includes group homes for all ages, half-way houses, and foster homes, but excludes family care homes.
Guest unit means a room in a boardinghouse, hotel, motel, inn, bed and breakfast, tourist court, residence hall, roominghouse, or lodge containing provisions for sleeping and sanitation and occupied, or intended to be occupied, by transients on a rental basis.
Guest unit density means the number of guest units per land area.
Handicapped person means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. 122-58.2(11)b [now see G.S. 122C-3(11)b].
Hazardous tree means a tree that meets one or more of the following criteria:
(1) It has a structural defect which predisposes it to fall or drop limbs (e.g., it is a dead tree, has trunk decay, dead branches, or V-crotches), and it is located dangerously near a target such as a structure, road, walkway, campsite or other area where property exists or people reside.
(2) Though structurally sound, it is of a species prone to flammability in dry weather, and is located within 30 feet of a flammable structure where property exists or people reside. See the Lake Lure Tree Management Handbook.
(3) Though structurally sound, it interferes with the routine activities of people, such as obstructing visibility for motorists or interfering with utilities.
Historic structures means structures listed on an official state or federal register recognizing the structure as historically significant.
Home occupation means any profession or occupation conducted entirely within a dwelling and/or a building which is customarily accessory thereto, by a family member or occupant permanently residing on the premises, that is incidental to the primary use of the dwelling as a residence.
Hospice home means a state-licensed establishment which provides medical services to terminally ill individuals residing therein.
Hotels and motels.
(1) The term "hotels and motels" means a building or group of buildings occupied as a temporary abiding place for individuals in which the rooms are usually occupied singularly for hire and in which rooms no provisions for cooking are made. Hotel or motel may include a restaurant and/or on premise consumption of alcohol, including spirituous liquors with a valid NC ABC license.
(2) A hotel or motel may include structures located on separate parcels so long as:
a. They are contiguous and interconnected by means of one or more viable pedestrian walkways;
b. There are common amenities; and
c. The entire campus functions as a single enterprise.
(3) An on-site management is required for all hotels and motels.
(4) The term "hotels and motels" includes inns, but does not include lodges, bed and breakfast establishments or residential vacation rentals which are otherwise defined herein.
Impact analysis means a study to determine the potential direct or indirect effects of proposed uses and/or structures of a proposed development on utilities, surrounding and adjacent uses, community facilities and services, traffic and pedestrian circulation, and the natural environment of the community or neighborhood in which to be located.
Impervious area means a portion of a lot covered with material that prevents absorption of stormwater into the ground.
Impervious material means any material that prevents absorption of stormwater into the ground.
Improvements means any permanent structure that becomes part of or affixed to real estate, whether placed above or below land or water.
Individual sewer system means any septic tank, ground absorption system, privy or other facility serving a single source or connection and approved by the county health department.
Individual water system means any well, spring, stream or other source used to supply a single connection.
Institution means an organization, establishment, foundation, society, or the like, devoted to the promotion of a particular cause or program of public, educational, or charitable character.
Institutional use means a non-profit, religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.
Junkyard means any land or land and structure in combination used for the storage, baling, packing, sorting, handling, disassembling, purchase or sale of any materials which are used, salvaged, scrapped or reclaimed, but are capable of being reused in some form, including, but not limited to, metals, bones, rags, fibers, paper, cloth, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe, pipe fittings, tires, motor vehicles, and motor vehicle parts.
Lake structure means anything constructed or erected within the lake boundary including any pier, dock, boathouse, slip, ramp, swimming float, sea wall, or similar facility whether fixed or floating or a combination thereof, used primarily as a stationary facility for the mooring or housing of watercraft and associated items; and, used for lake access and related recreational activities. Lake structures shall not be used as living quarters. Lake Structures built within the boundary of the waters of Lake Lure at full pond will be regulated by the Town’s Lake Structure Regulations. Lake Structures built within the boundary of other lakes or navigable waters will be regulated by the Town’s Zoning Regulations.
Land clearing means tree removal, underbrushing, grubbing, or any activity that removes live woody plants such as trees and shrubs.
Land clearing authorization means authorization granted by the tree protection officer allowing a property owner to perform specified land clearing, grading, and/or other related activities which have neither been exempted from regulation nor previously approved under appropriate town regulations.
Land disturbance means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance or other construction or maintenance activity, including chemical applications or other techniques, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
Land disturbing activity means any grading of land, any clearing of vegetation, and any construction or rebuilding of a building or structure. The term "land disturbing activity" shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, the upkeep of yard and grounds, repairs, and the cutting of firewood for personal use.
Live-work unit means a building or space within a building that is used jointly for office/business uses allowed in the applicable zoning district and for residential use.
Lodge.
(1) The term "lodge" means a group of attached or detached buildings containing individual living or sleeping units, designed or used temporarily by automobile tourists or transients. Cooking facilities may be included within living units.
(2) A lodge may include structures located on separate parcels so long as:
a. They are contiguous and interconnected by means of one or more viable pedestrian walkways;
b. There are common amenities; and
c. The entire campus functions as a single enterprise.
(3) An on-site management is required for all lodges.
(4) The term "lodge" includes auto courts and motor lodges, but does not include hotels and motels, bed and breakfast establishments or residential vacation rentals which are otherwise defined herein.
Loft means an upper floor above a dwelling unit or hotel guest room having its only access from within that unit.
Lot means a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate entity for the transfer of title.
Lot depth means the average horizontal distance between front and rear lot lines as measured along the side lot lines.
Lot of record means any lot for which a plat has been recorded in the register of deeds office of the county, or described by metes and bounds, the description of which meets the standards of the town's regulations.
Lot width means the distance between side lot lines measured at and parallel to the front setback line.
Marina means an establishment with a lake front location for the rental of boat slips or dock space; rental, sale or repair of boats, boat motors and accessories; and the sale of marine fuel and lubricants, bait and fishing equipment and the like.
Marine sales and service facility means an establishment for the sales, rental and repair of boats, boat motors and accessories, including fishing equipment and supplies, and open or enclosed storage of boats and boat trailers.
Micro-brewery means an independently owned facility that brews craft beer, ale, porter or other fermented malt beverages in quantities up to 15,000 barrels per year with at least 75 percent of its product sold on-site. A micro- brewery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Micro-distillery means an independently owned artisan facility that produces up to 30,000 gallons of craft spirituous beverages per year. A micro-distillery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Micro-winery means an independently owned artisan facility that produces up to 30,000 gallons of craft wine, cider, or other fermented fruit beverage per year. A micro-winery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Mobile Food Vendor means a readily movable trailer or motorized wheeled vehicle, with a valid DMV license tag, equipped to serve food. It shall not be considered as a restaurant.
Mobile home means a factory-assembled portable housing unit, or a portion thereof, built on a chassis and intended for use as a dwelling unit, and not constructed in accordance with the standards of the state building code for one- and two-family dwellings. A mobile home is designed to be transported on its own chassis and has a measurement of 40 feet or more in length and eight feet or more in width. A mobile home shall be construed to remain a mobile home whether or not wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. All vehicles which are designated mobile homes by the Uniform Standards Code for Mobile Homes Act shall be considered mobile homes. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.
Mobile home park means any premises where two or more mobile homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for two or more mobile homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of such mobile home park.
Modular housing means a form of manufactured housing that meets the construction standards of the state building codes for one- and two-family dwellings regardless of how the unit or its components are transported to the site.
Multifamily dwelling means a building, or portion thereof, containing three or more dwelling units used or designed so that each unit is a separate residence for one family.
Nano-brewery means an independently owned facility that brews craft beer, ale, porter, or other fermented malt beverages in quantities up to 1,000 barrels per year in accordance with state and local laws for on-site consumption and where food is not necessarily provided.
Natural ground surface means the ground surface in its original state before any land disturbing activity.
Neighborhood character means the qualities of the zoning district and all adjoining zoning districts such as the natural environment relative to topography, hydrology, flora, open space, and green area; the built environment relative to architectural style, building mass, historic structures, and type of housing; and the public facilities, infrastructure, and services.
Net density means the maximum number of dwelling units or guest units permitted on a lot after access areas such as road rights-of-way have been subtracted from the land area.
Net floor area means the total floor area enclosed within a building, including interior balconies and mezzanines, exclusive, however, of stairways, elevator shafts, and enclosed parking areas, as measured from the exterior faces of exterior walls.
Nonconforming use means any parcel of land, or use of land, building or structure existing at the time of adoption of the ordinance from which this chapter is derived, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located.
Notice means a formal legal notification of either a public hearing on a proposed zoning amendment, whether a map or text amendment, or a quasi-judicial hearing on a variance, special use permit, or appeal petition.
Nursing home means an institution, 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 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 is indicated.
Open space means any area of land or water essentially unimproved and set aside, designated, or reserved for conservation, preservation and/or passive recreation.
Parking area means any public or private area, inside, under, or outside a building or structure, designed and used for temporary or permanent storage of motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
Parking space means an area for parking a vehicle plus the necessary access space located outside the dedicated street right-of-way and providing vehicular access to a street or alley.
Parks means an area developed either for passive or active recreational activities, including, without limitation, walkways, benches, preserved natural areas, open fields, multi-use courts, swimming and wading pools, amphitheaters, etc. The term "park" shall not include zoos, travel trailer parks, amusement parks, or vehicle, equestrian or dog racing facilities.
Passive recreation means recreational activities that have minimal impact to the natural environment, such as hiking, running, biking, wildlife observation, photography, fishing, swimming, picnicking, lake access and other similar uses.
Permitted use means any use allowed in a zoning district by right and subject to the restrictions applicable to that zoning district as specified in the zoning regulations of this chapter as interpreted by the zoning administrator.
Planned unit development means a development where more than one principal residential building is to be constructed on a single tract, or any residential complex containing nine or more dwelling units on a single tract, or any residential building with a gross floor area of 15,000 square feet or more.
Primary event venue means a commercial event venue for which hosting commercial events is not considered an accessory to any other use.
Primary use means the legal predominate activity or function of a structure, or the intended predominate activity or function of a structure.
Principal building means a building in which the principal use of the lot is conducted.
Principal use means the legal predominate use of a lot.
Private Club a club establishment that qualities under Section 501(c) of the Internal Revenue Code, as amended, 26 U.S.C. §501(c).
Private drive (driveway) means a private access not intended to be a public ingress or egress. Private drives are intended to provide direct access from one lot or building site to a publicly or privately dedicated and maintained street. However, a private drive may provide access for up to three residential lots provided it meets the requirements of section 28-72. Private drives shall be excluded from the definition of the term "street." The term "private drive" shall include the term "driveway."
Produce stand means a retail establishment that offers for sale items limited to regionally produced fruits, vegetables, preserves, relishes, jams and/or jellies, handmade crafts, and similar products, but shall not include foods canned in metal containers. Merchandise for sale shall not be displayed outside the building.
Protected forest area means a green area consisting of existing forest designated for protection on a site plan. All significant trees within such an area are protected trees.
Protected tree means any tree marked for protection, or any significant tree not expressly marked for removal in a tree protection plan.
Protective boundary means a substantial visual screen, such as an orange barrier fence, sufficient to clearly identify and set apart a protected tree or protected forest area and the associated root protection zones.
Public hearing means a gathering of elected or duly appointed town officials announced in advance by public notice and open to the public for participation.
Public meeting means a gathering of elected or duly appointed town officials announced by public notice and open to the public.
Published notice means the advertisement of a public hearing or public meeting in a paper of general circulation indicating the time, place, and nature of said hearing or meeting where the application and pertinent documents may be inspected.
Qualified licensed professional means a licensed professional in a discipline relevant to the task at hand, whose knowledge and capability to successfully carry out that task have been amply demonstrated through his certified practical experience in that discipline and in successful completion of previous tasks similar to the one at hand.
Recreation facility means a place designed and equipped for the conduct of sports and leisure time activities.
Recreation vehicle (RV) means a vehicular unit, which is designed as a temporary dwelling for travel, recreational, and vacation use, and which is either self-propelled, mounted on, or pulled by another vehicle. The term "recreation vehicle" includes, but is not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.
Recreational vehicle, dependent, means a recreational vehicle which is dependent upon a service building for toilet and lavatory facilities.
Recreational vehicle, independent, means a recreational vehicle which can operate independently of connections to sewer, water and electric systems. An independent recreational vehicle may contain a water flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage, greywater storage, and sewage holding tanks located within the RV.
Regional brewery means a facility that brews beer, ale, porter, or other fermented malt beverages in quantities up to 60,000 barrels per year.
Residential development means a subdivision or planned unit development. The term "residential development" is provided as a means of grouping the aforementioned uses into a category of uses, and is not intended to define a new use under the zoning regulations. Use of the term "residential development" shall not be deemed to add any uses to a zoning district which are not specifically listed as permitted uses or special uses within said district.
Residential use means the activity that actually takes place or is intended to take place on a lot where the principal use consists of operating and maintaining one or more dwelling units and the associated accessory uses.
Residential vacation rental means the rental of any single-family dwelling, or duplex, or any portion thereof, for occupancy, dwelling, lodging or sleeping purposes for any period of time less than 30 days. For purposes of this chapter, the term "residential vacation rental" does not include multifamily dwellings nor does it apply to duplexes other than those situated within the R-1, R-1A, R-1B, R-1C, R-1D, R-2 and M-1 zoning districts. The term "residential vacation rental" also does not include other transient lodging such as hotels and motels, lodges, and bed and breakfast establishments, which are otherwise authorized under these regulations and which have been duly permitted or which are legal nonconforming uses.
Residential vacation rental operator (operator) means the owner of a residential vacation rental or a responsible party designated by the owner to act for and on behalf of the owner in managing the property. If the operator is not the owner, the actions, undertakings and certifications of the operator shall be binding on the owner.
Residential vacation rental property means real property used or intended to be used for residential vacation rental purposes.
Restaurant means an establishment substantially engaged in the business of preparing and serving meals, and shall have a kitchen and inside dining area with seating for at least ten (10) people. Additional outside serving areas may be permitted on the establishment’s premises, including on lake structures. A restaurant may include on premise consumption of alcohol, including spirituous liquors with a valid NC ABC license. Mobile Food Vendors and/or food trucks shall not be considered as a restaurant.
Retail business means establishments selling commodities directly to the consumer.
Retaining wall means a structure erected between lands of different elevations to protect structures and/or to prevent erosion or land subsidence.
Rock outcropping means the part of a rock formation that appears above the surface of the surrounding land.
Roominghouse means any building or portion thereof containing not more than five guest units where rent is paid and guests are transient. The term "roominghouse" is used interchangeably with the term "boardinghouse."
Root protection zone (RPZ) means the area that encompasses the entire system of a tree's major and minor roots, 24 inches deep and extending from the trunk of the tree a radial distance equal to one foot for each inch of trunk diameter or to the drip line of the tree, whichever is greater. See Figure 2.
Figure 2: Root Protection Zone
Scenic view means an area visible from a specified position that provides vistas over water, across expanses of land, or from mountain tops or ridges.
Screening means a method of visually shielding or obscuring an abutting or nearby structure or use from view by fencing, walls, berms, densely planted vegetation, or a combination of the aforementioned.
Secondary use means a use of a portion of a structure customarily incidental and subordinate to the primary use of the structure and located in the same structure with the primary use.
Sensitive natural area means any area which is sensitive or vulnerable to physical or biological alteration, as identified now or hereafter by the state natural heritage program and which contains one or more of the following:
(1) Habitat, including nesting sites, occupied by rare or endangered species;
(2) Rare or exemplary natural ecological communities;
(3) Significant landforms, hydroforms, or geological features; or
(4) Other areas so designated by the state natural heritage program, which are sensitive or vulnerable to physical or biological alteration.
Setback means the minimum allowable distance measured on the horizontal plane between a property line, water's edge, right-of-way, or street centerline and specified improvements such as a building or parking area. No building or other structure may be placed within the setback area except as provided. (See definition of the term "yard" and section 36-295.) Whenever the front, side, or rear portions of a lot abut a street right-of-way, setback lines shall be measured from said right-of-way. Where no street right-of-way exists, setback lines shall be measured from the center of the traveled way.
Setback area means the area between the property lines and the setback lines (front, back and sides, including all yards) designated by the lot's zoning classification. The setback area is intended to create a buffer zone of natural vegetation between properties. See Figure 1.
Shoreline means the line where the land and water meet, which is the elevation of 990 feet mean sea level.
Shrub means a woody plant, commonly with multiple stems, whose mature growth is smaller than a tree, usually less than four meters (13.12 feet) tall and less than ten centimeters in diameter. See the Lake Lure Tree Management Handbook.
Shrubbery means a collection of shrubs, of one or more species.
Significant tree means any stable, healthy tree with a dbh equal to or greater than the dbh noted as significant for that species in the table shown in Appendix A to this chapter, or a tree of any other species with a dbh of six inches or greater.
Significant tree density means a formula based on the number of significant trees per acre. For example, a one-acre lot with ten significant trees has a significant tree density of ten. A three-acre lot with 30 significant trees also has a significant tree density of ten.
Single-family dwelling means a detached dwelling unit; a building arranged or designed to be occupied by one family.
Site means any plot or parcel of land or combination of contiguous lots or parcels of land.
Sketch plan means a general concept site plan of a proposed development of sufficient accuracy to depict vicinity map; tract boundaries; total acreage; existing and proposed uses of land; building coverage areas for principal buildings and accessory buildings; street layout; water and sewer system location; bodies of water and waterways; drainage channels; areas of environmental concern; neighboring tracts and corresponding zoning classifications; parking areas; common areas; driveway entrances; sign location; and name, address, and telephone number of owner.
Sleeping unit means room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. In this chapter, slopes are generally expressed as a percentage; percentage of slope refers to a given rise in elevation over a given run in distance. A 50 percent slope, for example, refers to a 100-foot rise in elevation over a distance of 200 feet. A 50 percent slope is expressed in engineering terms as a 2:1 slope.
Special use means an activity, structure, or development permitted in a particular zoning district upon providing evidence that such use, structure, or development complies with all requirements and specifications for the zoning district in which it is proposed and authorized by the board of adjustment.
Special use permit means a permit issued by the board of adjustment stating that the specified use meets all requirements and specifications set forth in these regulations. Formerly referred to as a Conditional Use Permit.
Stairway means one or more flights of stairs, either exterior or interior, with the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one level to another in or attached to a building or structure.
Steep slope means a slope exceeding 40 percent, on average.
Steep slope plan means information prepared as part of a site plan by a qualified licensed professional to a scale sufficient to clearly indicate the necessary details, including, without limitation, the following: topographical information on the steepness of the property and the slope providing access to the property; the means by which the property can best be developed for the proposed purposes, for proper management of the property during development, and for stabilizing the property once construction is complete; and any other information the zoning administrator may determine to be necessary in order to determine the specifics of the plan.
Stream buffer means the strip of land, in its natural state or restored to a suitably vegetated state, of specified width, lying adjacent to any stream, river, creek, brook, run, branch, wetland, or waterway, or any reservoir, lake, or pond, natural or impounded. (See also the discussion of buffer zones in section 22-25(1).)
Street (road) means a right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
Street, primary. For the purpose of this chapter, the following streets shall be considered primary streets:
(1) U.S. Highway 64/74A (Memorial Highway);
(2) N.C. Highway 9;
(3) Island Creek Road;
(4) Girls Scout Camp Road;
(5) Buffalo Shoals Road; and
(6) Buffalo Creek Road.
Street, secondary. For the purpose of this chapter, all public streets other than primary streets, and all private streets, shall be considered secondary streets.
Street line means the right-of-way line for a street.
Structure means a combination of materials to form a permanent construction for use, occupancy or ornamentation, whether installed on, above or below the surface of the land or water.
Tall building means any building with a vertical distance greater than 35 feet as measured from the average finished grade at the building foundation line to the highest point of the roof ridgeline.
Telecommunications facility means the equipment and structure designed to support antennae used for transmitting or receiving communications and data transmissions. The term "telecommunication facility" also includes accessory buildings and related equipment required for the telecommunications facility.
Telecommunications tower means a structure on which there are electronic facilities for receiving or transmitting communication signals. Telecommunications towers less than 15 feet above the roofline, when secured to a building, are exempt. Telephone poles carrying telephone and cable TV lines are also exempt from this definition. Examples of telecommunications towers include monopoles, lattice construction and stealth structures.
Tract. The term "tract" is used interchangeably with the term "lot."
Travel trailer means any vehicle, self-propelled or otherwise, which is designed for transient, nonpermanent living, including structures mounted on auto or truck bodies that are referred to as campers.
Traveled way means part of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lands.
Tree means a woody plant with a well-developed main trunk of at least four inches dbh at maturity.
Tree density. See Significant tree density.
Tree protection officer means a duly authorized town official whose function or scope of authority includes enforcing the tree management provisions of this chapter.
Tree protection plan means information provided as part of a site plan regarding protection provided to trees during land clearing, land disturbance, and/or development, as well as the extent and condition of both the pre- development and post-development forest coverage of the property in question.
Tree thinning means the removal of a few selected trees and/or selected minor branches from selected trees for purposes of developing views and/or permitting more sunlight to reach the ground.
Tree topping means the damaging practice of cutting back its main leader stem and/or limbs larger than three inches in diameter within the crown, to such a degree as to remove the normal canopy and disfigure the tree.
Trout buffer means an undisturbed strip of land of specified width as measured in the horizontal plane and as defined and illustrated in the land disturbance regulations, that is required for the protection of waters that have been classified as trout waters by the environmental management commission. Any removal of vegetation, including the removal of living branches, is prohibited within such areas.
Undisturbed means the natural ground surface remains in its natural state; no land disturbing activity occurs; no vegetation is removed except as exempted by this chapter; and no impervious surface is constructed thereon.
Unimproved area means the portion of a lot without improvements.
Unity of title means a document in the official property records of the county stipulating that a lot, lots or parcels of land shall be held under single ownership, shall not be eligible for further subdivision, and shall not be transferred, conveyed, or sold in any unit other than in its entirety.
Use means the activity that actually takes place or is intended to take place on land, water, or a structure thereon.
Vacation rental operating permit means the permit needed to operate a residential vacation rental as defined herein.
Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to special conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. (See section 36- 183(3).)
View protection means requirements to assure that improvements do not interfere with scenic views.
Viewshed means the totality of near, medium, and long-distance views of lakes, streams, forests, ridgelines, mountains, or any combination thereof, as seen from the lakes, roadways, public areas, and homes of the town.
Wholesale business means the sale of goods in large quantities usually for resale.
Winery means a facility where wine, cider or other fermented fruit beverages are produced and distributed. A winery may include areas for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.
Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from 30 inches above the general ground level of the graded lot upward; provided, however, that driveways; walkways; stairs; fences; walls and hedges (subject to section 36-231); poles; posts; children's play equipment; and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to the provisions of section 36-295.
Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way line and the front line of the building, projected to the side lot lines of the lot. The lake side yard of a lake front lot shall be a front yard.
Yard, lake front, means an open, unoccupied space on the same lot with a principal building extending the full width of the lot and situated between the shore of a lake and the line of the building projected to the side lines of the lot.
Yard, rear, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
Yard, side, means an open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
Zoning administrator means an official or designated person of the town charged with enforcing and administering this chapter.
Zoning and planning board means a citizen committee appointed by the town council per chapter 2 to assist as an advisory body in the land use planning and zoning process.
Zoning district means a specifically delineated area on the official zoning map of the town within which uniform regulations and requirements govern the use, placement, spacing and size of lots and structures.
(Code 1989, § 92.005; Ord. of 1-25-1994; Ord. of 11-8-1994; Ord. of 11-26-1996; Ord. of 1-28-1997; Ord. of 2-9- 1999; Ord. of 4-13-1999; Ord. of 12-14-1999; Ord. of 1-9-2001; Ord. of 7-10-2001; Ord. of 4-9-2002; Ord. of 5-11- 2004; Ord. of 7-12-2005; Ord. of 11-15-2005; Ord. of 4-10-2007; Ord. of 6-12-2007; Ord. of 1-8-2008; Ord. of 6-10- 2008; Ord. of 11-18-2008; Ord. of 3-10-2009; Ord. of 10-13-2009; Ord. of 1-1-2010; Ord. of 4-13-2010; Ord. of 12- 14-2010; Ord. of 2-8-2011; Ord. of 6-14-2011; Ord. of 4-10-2012; Ord. of 10-9-2012; Ord. of 6-11-2013; Ord. of 4-8- 2014; Ord. of 10-14-2014; Ord. of 12-9-2014; Ord. of 3-10-2015; Ord. of 7-14-2015; Ord. of 9-13-2016; Ord. No. 21- 05-11, 5-11-2021, Ord. of 12-12-2023)