The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Boardwalk means a structure running parallel to the shoreline and used for pedestrian access along the shoreline of one or more properties.
Boathouse means any roofed structure enclosed with walls containing one or more slips designed principally for permanent or temporary storage and/or housing of watercraft.
Cluster mooring facility means a fixed or floating pier with more than three permanent moorings to provide dock space to owners of condominiums and other dwellings or customers of marinas.
Commercial use means any use of the lake or lake structure in a manner that will generate direct or indirect revenue or by a commercial entity that operates for profit or not for profit. The term "commercial use" can be, but is not limited to, activities that may occur in connection with any type of business, trade or commerce such as boat rentals, marinas, resorts, inns, lodging establishments, camps, ski schools, fishing guides, realtors, house rentals, tour boats, contractors, boat repair companies, real estate development companies or property owners associations.
Covered slip means any roofed structure not enclosed with walls and containing one or more slips designed principally for permanent or temporary storage and/or housing of watercraft.
Cutoff fixture means a fixture, which provides a cutoff (shielding) of the emitted light.
Distance from the shoreline means measured from the contour elevation of 990 feet MSL.
Dock means a platform generally parallel to the shoreline for the reception, loading, unloading and mooring of boats.
Glare means the discomfort or impairment of vision experienced when parts of the visual field are excessively bright in relation to the general surroundings.
Involuntary destruction means destroyed or rendered useless by an act of God or force of nature. This shall not include structures rendered useless due to decay or deterioration as the result of neglect and lack of maintenance.
Lake advisory board means the board appointed by the town council to advise the town council, the marine commission, and staff, on lake-related issues.
Lake boundary means the contour elevation 995 feet MSL. The term "lake boundary" is not synonymous with the term "lake shoreline."
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 structure administrator means the person responsible for administering and enforcing the lake structure regulations.
Lake structure appeals board means the board appointed by the town council to review and rule on applications for lake structure permits and variances.
Lake structure certificate means the document that is issued to property owners following approval by the lake structure administrator that the lake structure adjacent to their property conforms to this article.
Lake structure tag means a metal tag, to be affixed to a lake structure, which indicates that a lake structure certificate has been issued.
Light trespass means light directed or projected beyond a perimeter of 50 feet from any light source on the lake structures or shore.
Living quarters means a room used as overnight housing, designed to be used as overnight housing or equipped with furnishings, appliances and accessories that create a domicile.
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.
Marina, restricted, means a facility with a lakefront location contiguous to a private development or commercial property which provides temporary or permanent watercraft moorings for rent or lease to occupants, guests, clients, or customers of that property only, and not to the general public not doing business with that property.
Marina, unrestricted, means a facility with a lakefront location which provides temporary or permanent watercraft mooring for rent or lease and may also include the rental, sale or repair of boats, boat motors, and accessories, and/or the sale of marine fuel and lubricants, bait and fishing equipment, and the like to the general public.
Markers means floating buoys or fixed signs that give navigational or warning information.
Measurable shoreline means the shoreline length used to determine what type of lakeside structures are permissible, the permissible number of such structures, and the permissible dimensions of such structures. The term "measurable shoreline" is the front footage of any upland lot where it meets the shoreline with the exclusion of creeks, streams or other tributaries, which may be covered with water at the elevation of 990 MSL and is 28 feet or less in width. The span of the tributary shall be included in the measurable shoreline; measured at the narrowest point at either the mouth if narrower than 28 feet at the 990 MSL or where it constricts to 28 feet.
Moored floating platform means a floating platform anchored near the shoreline for the use of swimmers, to include both solid surfaced swimming floats and inflatable water recreational platforms.
Mooring means a location adjacent to the shoreline or any lake structure, equipped with cleats, posts or any other devices intended to secure a boat.
Mooring, permanent, means a mooring that can be occupied at any time.
Mooring, temporary, means a mooring that can only be occupied during the hours between 6:00 a.m. and 12:00 midnight.
MSL means the elevation above mean sea level, North Carolina Geodetic Survey Datum.
Multi-dwelling use means any use of the lake or lake structure in a manner that creates a lake portal for owners or occupants of multiple dwellings. The term "multi-dwelling use" can be, but is not limited to, activities that may occur in connection with any type of operation or association such as boat clubs, real estate development companies or property owners associations.
Permit means documents that are required prior to any construction of a structure on land or in the lake within the lake boundary.
Pier means an uncovered structure extending from land out into the lake for the mooring of boats and to afford convenient passage of passengers and cargo to and from boats.
Ramp means a short slope extending from the shoreline into the lake for the purpose of launching or retrieving a boat.
Reconstruction means full or partial replacement of a lake structure or more than 50 percent of the structure's support base. The support base consists of all components underlying but within the exterior perimeter of the structure.
Repair, internal, external or cosmetic, means actions that affect the general maintenance of a lake structure, but do not alter electrical or plumbing systems, or the outer dimensions of the structure. Examples of the term "repair; internal, external or cosmetic" include painting, staining, or pressure washing; replacing decking inside or outside of a structure; replacing exterior siding; replacing the roof covering, felt or sheeting; removing and replacing rooftop decks; replacing entrance or boat slip doors; replacing windows; or replacing any portion of approved decktop accessory structures. Also included are standard repairs of electrical or plumbing items by licensed professionals.
Repairs, Minor Structural. Structural repair or replace in like kind actions to an existing lake structure costing no more than $4,999.
Repair, structural, means actions that affect sea walls and other shoreline stabilization methods; or the support base, framing, electrical or plumbing systems, or alteration of the outer dimensions of any lake structure. Examples of the term "repair, structural" are support posts, footers, studs, headers, top or bottom wall plates, load-bearing walls, floor joists, rafters, wiring, circuit breakers, or sewer connections; or repairs affecting height, length, width, or relationship of the structure to setbacks.
Sea wall means a structure built along the shoreline to resist the erosion of the land caused by the lake and which may also be used to moor boats and as a structure to receive and discharge a boat's passengers and cargo.
Shoreline means the line where the land or an existing seawall and waters of the lake meet. For the purpose of these regulations, the normal lake level of 990 feet MSL as it exists for the majority of each year shall be used to establish the shoreline. The official benchmark for MSL Datum shall be as marked on the Lake Lure dam. For the purpose of positioning lake structures along an irregular boundary, the term "shoreline" shall be defined as the straight line between the two widest points on the shoreward side of the lake structure, where they meet the shoreline.
Slip means a specific type of mooring, contiguous to a lake structure that is confined by two parallel sides of the lake structure, does not exceed 11 feet in width and that is designed for temporary or permanent mooring. A space confined by one side and one end may be a mooring, but is not a slip.
Upland lot means a lot having a boundary coexistent with the portion of the shoreline where a lake structure exists or is planned.
Usable shoreline means the shoreline length on lots of record that is available for use for lake structures after subtracting the required 30 feet from both 15-foot side yard setbacks from the measurable shoreline.
Water depth means measured from the average lake level of 990 feet above mean sea level, North Carolina Geodetic Survey Datum.
(Code 1989, § 94.02; Ord. of 8-9-1994; Ord. of 10-20-1998; Ord. of 6-18-2001; Ord. of 12-9-2003; Ord. of 4-12- 2005; Ord. of 7-11-2006; Ord. of 8-14-2007; Ord. of 4-12-2011; Ord. of 12-9-2014; Ord. of 4-12-2016)