§ 154.006 DEFINITIONS.

(1) A second dwelling unit either in or added to an existing single-family detached dwelling or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping for use by an extended family member on a noncommercial basis.

(2) The use shall not include manufactured homes as the accessory structure.

ADULT DAY CARE CENTER. Institutions for the care or instruction of non-preschool aged persons.

ADULT ESTABLISHMENTS. Business dealing in any activity which exhibits specified sexual activities or specific anatomical areas. The display of specific of sexual activities or specific anatomical areas are not the primary function of the establishment. Such as, but not limited to, adult cabaret, adult lounge, adult bar, adult nightclub, adult carwash.

ADULT USES.

ADULT BOOKSTORE. An establishment which has a substantial portion of it stock in trade in books, magazines or other periodicals and which excludes minors by reason of age.

ADULT CABARET. An establishment which features go-go-dancers, exotic dancers, strippers, male or female impersonators or similar entertainment and from which minors are excluded by reason of age.

ADULT DRIVE-IN THEATER. A drive-in theater for the showing of movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age.

ADULT MASSAGE PARLOR. An establishment in which body massages are offered as a service and from which minors are excluded by reason of age.

ADULT MINI-PICTURE THEATERS. An enclosed building or part thereof with a capacity of 50 persons or less used for showing movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age.

ADULT PICTURE THEATER. An enclosed building or portion thereof with a capacity of more than 50 persons used for showing movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age.

AGRICULTURE. The use of the land for:

(1) The tilling of the soil;

(2) The growing of crops or plants, including truck farming, field crops, vegetables, fruit, nut, sod, seed or tree production;

(3) Pasturage, including pasture for cattle, horse, sheep or goats and other farm animals;

(4) Forestry and other forms of food and fiber production for human and animal consumption;

(5) Greenhouses, nurseries and ornamental horticulture;

(6) Bee keeping;

(7) Aquiculture; and/or

(8) The raising, breeding, working and use of farm animals excepting hog parlors, broiler houses, laying parlors, turkey houses and feed lot operations.

ALCOHOLIC BEVERAGES. Beverages containing more than 0.5% of alcohol by volume.

ALLEY. A dedicated and publicly maintained right-of-way, 20 feet or less in width, that provides a secondary means of access to abutting property and not intended for general vehicular traffic circulation.

AMUSEMENT DEVICE. Any pool, billiard, bagatelle, pigeon-hole or similar table; pinball machine; or mechanical or electronic amusement device which is or may be operated for or upon the payment of money, trade-token or slug, either directly or indirectly, and which operates or may be operated by retail patrons as a game or contest of skill or amusement of any kind or description, and which contains no automatic payoff device for the return of money, trade-token or slug, or for which no provision whatever is made for the return of money to the player; except any table, alley, machine or other game or device which would otherwise fall within this definition shall not be exempted therefrom by reason of arrangement or provisions whereby a player may from time to time win, earn or be awarded prizes, money, free or reduced cost play of the game or device, or other incentives or renumeration for or by reason of playing the game or device.

AMUSEMENT DEVICE, MECHANICAL or ELECTRONIC.

(1) Any machine which, upon insertion of a coin, trade-token or slug, or upon other activation for payment or promise of payment in money, operates or may be operated by retail patrons as a game or contest of skill or amusement of any kind of description, and which contains no automatic payoff device for the return of money, trade-token or slug, or which make no provision whatsoever for the return of money to the player; except any table, alley, machine or other game or device which would otherwise fall within this definition shall not be exempted therefrom by reason of arrangement or provisions whereby a player may from time to time win, earn or be awarded prizes, money, free or reduced cost play of the game or device, or other incentives or renumeration for or by reason of playing the game or device.

(2) Includes any machine, apparatus or contrivance which is used or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force, action or image generated by, on or in the machine.

ANIMAL HOSPITAL or VETERINARY CLINIC. Any structure and land used (primarily and essentially) for the medical and surgical care of ill, injured or disabled animals other than humans.

ANIMALS, HOUSEHOLD.

(1) Animals which are customarily kept for personal use or enjoyment within the home, not exhibited to the public, nor raised for commercial purposes.

(2) Animals which are dangerous to humans or property when they reach maturity or have cloven or solid hooves are not HOUSEHOLD ANIMALS.

(3) HOUSEHOLD ANIMALS shall include but not be limited to domestic dogs, domestic cats, canaries, parakeets, love birds, parrots, cockatoo, finches, toucans, mynah birds, guinea pigs, hamsters, mice, rats, gerbils, small reptiles, small amphibians and aquarium fish.

AREA OF SPECIAL FLOOD HAZARD. The land area within the zoning jurisdiction of the Town of Liberty which is subject to a 1% chance of flooding annually, i.e., the 100-year flood.

ART GALLERY. The use of a structure or building for the display of sculpture, painting, photographs or other artistic works for public viewing with only incidental sales.

AUCTION SALES. A public sale at which items are sold one by one, each going to the last and highest of a series of competing bidders.

AUTOMOBILE WASHING ESTABLISHMENT. A structure or portion thereof the principal use of which is the washing of automobiles or other motor vehicles.

AWNING. A covering which extends from a structure as a shelter from the weather or as a shading device. This does not include a canopy or marquee.

BAKERY. The use of a structure or building for the production of bakery products including but not limited to breads cakes, pastries and doughnuts. When identified in this chapter as a use under RETAIL, the bakery products produced must be for the direct sale to the consumer with no wholesale production or sales. Wholesale BAKERIES, for the purpose of this chapter, shall be considered manufacturing.

BANK. Financial institution engaged in deposit banking and closely related functions such as the extension of credit by means of loans and investments, and fiduciary activities.

BANQUET FACILITY or RENTAL HALL or RECEPTION HALL or MEETING HALL. A building, facility, room, or portion thereof, which is rented, leased, or otherwise made available to any person or group for private events or functions, such as hosting a party, banquet, or reception, that is not open to the public, whether or not a fee is charged. Food may be prepared or brought in from offsite. Live entertainment may be featured as accessory to the meeting or banquet.

BARRIER. Curbs, walls, fences or similar protective devices designed and located to protect public right-of-way and adjoining properties from damaging effects.

BASE FLOOD ELEVATION. The crest elevation in relation to mean-sea-level expected to be reached by the 1% annual chance flood, i.e., the 100-year flood.

BASEMENT/CELLAR.

(1) A story partly underground but having at least 60% of its height above the average level of the adjoining ground.

(2) A BASEMENT shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than 5 feet.

BED AND BREAKFAST INN. A owner occupied dwelling unit that contains guests rooms where short term lodging rooms and meals are provided for compensation.

BERM. A related system of earth mounds and plantings which taken as a whole, form a visual barrier.

BILLBOARD/OFF PREMISES ADVERTISING SIGN. Any sign used as an outdoor display for the purpose of directing attention to a business, commodity, service or entertainment conducted, sold, manufactured or offered at a location other than the location of the sign.

BOARDING/ROOMING HOUSE. A building that is the primary residence of the owner, and in which rooms are provided by the owner, for compensation, to not more than 3 adult persons not related by blood, marriage or adoption to the owner.

BUFFER. A strip of land together with planting/screening required thereon. Both the amount of land and the type of planting/screening may be specified.

BUILDABLE AREA. The portion of a lot remaining after required yards have been provided and any conservation or preservation areas, submerged lands, easements or road rights-of-way have been subtracted from the lot area.

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.

BUILDING, ACCESSORY. A subordinate building detached from but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building.

BUILDING, HEIGHT OF. The vertical distance from the mean elevation of the finished grade along the front of the building, or from the established grade where the building is within 10 feet of the street line, to the highest point of a flat root or to the deckline of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

BUILDING INSPECTOR. The Town of Liberty Officer or other designated authority charged with the administration and enforcement of the Building Code, or his or her duly authorized representative or agent.

BUILDING LINE. A line which established the minimum allowable horizontal distance between the lot line and the nearest portion of any structure on the lot.

BUILDING PERMIT. Permission granted by the Building Inspector for the erection, relocation, reconstruction or structurally altering any building.

BUILDING, PRINCIPAL. A building or, where the context so indicates, a group of buildings in which is conducted the principal use of the lot on which the building is located.

BUSINESS DISTRICTS. B1 and B2 Districts shall be considered as BUSINESS DISTRICTS.

BUSINESS SERVICES. An establishment offering primarily services to the business community and to individuals. These SERVICES include but are not limited to advertising agencies, blueprinting and photocopying services, cleaning and maintenance of building services, computer and data processing services, detective agencies and security services, insurance agency, management consulting and public relations services, news syndicates, personnel services, art and graphics services and real estate services.

CAMP. Land containing 2 or more campsites which are located, established or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles or cabins, for recreation, education or vacation purposes.

CAMPSITE. Any plot of ground within a camp intended for the exclusive occupancy by a cabin, recreation vehicle or tent.

CANOPY. A structure attached to or cantilevered from a building. This may be a roof type canopy which is supported only by its flush attachment to the building, or it may be supported also by columns, braces or poles which extend to the ground. This does not include an awning.

CAR WASH. An establishment engaged in the business of washing domestic vehicles with self serve, automated or staffed facilities.

CELLAR/BASEMENT. A story partly underground but having at least 60% of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than 5 feet.

CEMETERY, HUMAN. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, columbarium and mortuaries, if operated in connection with and within the boundaries of the cemetery.

CEMETERY, PET. Land used or intended to be used for the burial of animals in individual burial plots or a mausoleum and dedicated for cemetery purposes.

CERTIFICATE OF OCCUPANCY. A document issued by an authorized official setting forth that land, a building or structure legally complies with the Town of Liberty Building Code, this chapter and other pertinent local and state requirements and that the same may be used for the purposes stated therein.

CERTIFICATE OF ZONING COMPLIANCE. A document issued by the Zoning Administrator certifying compliance with all terms of an approved zoning compliance permit, and authorizing occupancy of a building, structure or land. It may either be a separate document or part of the normal documents associated with a certificate of occupancy, occupational license, building permit or the like.

CHAPTER. This chapter, including any amendments. Whenever the effective date of the chapter is referred to, the reference includes the effective date of any amendment to it.

CHILD DAY CARE. Any child care arrangement wherein 3 or more children less than 13 years old receive care away from their own home by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, guardians or full-time custodians, or in the child's own home where other unrelated children are in care.

CHILD DAY CARE HOME.

(1) Any day care program or child care arrangement wherein any person not excluded in the above provides day care on a regular basis of at least once per week for more than 4 hours per day for more than 2 children under 13 years of age and fewer than 6 children at any one time, wherever operated, and whether or not operated for profit.

(2) The 4-hour limit applies regardless of the time of day and regardless of whether the same or different children attend. Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment are not included.

(3) To determine whether a child care arrangement is a child day care home, all children shall be counted except the operator’s own school-aged children and school-aged children who reside at the location of the day care home.

(4) Notwithstanding the limitation to 5 children prescribed above, the day care home operator may care for 3 additional school-aged children.

CHURCH/SYNAGOGUE. Tax exempt buildings used for non-profit purposes by a recognized and legally established sect for purpose of worship, including educational buildings when operated by the church/synagogue.

CODE ENFORCEMENT OFFICER. The Town of Liberty officer or other designated authority charged with administration and enforcement of this Zoning Chapter, or his or her duly authorized representative or agent.

COLLEGE/UNIVERSITY.

(1) A degree-granting establishment, accredited or qualified for accreditation by the Southern Association of Colleges and Schools, providing formal academic education and generally requiring for admission at least a high school diploma or equivalent academic training, including colleges, community colleges, universities, technical institutes, seminaries and professional schools.

(2) Accessory uses under this definition include but are not limited to dormitories, cafeterias, bookstores, libraries, classrooms, administrative offices, research facilities, sports arenas and auditoriums.

COMBUSTIBLE LIQUID.

(1) A liquid having a flash point at or above 100°F (378°C).

(2) COMBUSTIBLE LIQUIDS shall be divided as follows:

(a) Class II liquids shall include those having flash points at or above 100°F (37.8°C) and below 140°F (60 degrees C);

(b) Class IIIA liquids shall include those having flash points at or above 140°F (60°C) and below 200°F (93°C); and

COMMERCIAL DEVELOPMENTS. Developments consisting primarily of commercial uses.

COMMERCIAL USE. Any use permitted within the B1 and B2 districts.

COMMUNICATION FACILITIES, COMMERCIAL. The use of land, buildings or structures for uses such as but not limited to motion picture studios; radio and television receiving antenna and dishes; radio and television studios; and radio and television transmitting and receiving facilities.

COMMUNICATION FACILITIES, NON-COMMERCIAL. The use of land, buildings or structures for uses such as but not limited to radio and television receiving antenna and dishes; and radio and television transmitting and receiving facilities not for commercial gain.

COMMUNITY CENTER. A government or nonprofit facility used for recreational, social, educational, cultural services and activities. Services may be targeted to certain populations but membership is available to the general public. Examples: tax assistance, fitness training, tutoring, food pantries or public assemblies. Use does not include schools, places of worship, banquet halls, social club, or counseling services.

COMMUNITY DEVELOPMENT DEPARTMENT/PLANNING DEPARTMENT. The unit of government of the Town of Liberty that supervises planning and redevelopment activities of the town. Also known as the PLANNING DEPARTMENT.

COMMUNITY DEVELOPMENT DIRECTOR. The individual charged with the supervision of the Community Development Department. Short title: C.D. DIRECTOR.

COMMUNITY RECREATIONAL USES. Parks and playgrounds; community centers, recreation clubs, such as Boys and Girls Clubs; swimming clubs; tennis clubs; and paddle, racquetball and handball courts.

CONGREGATE LIVING FACILITY.

(1) Any building, buildings, section of a building or distinct part of a dwelling unit, home for the aged or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food services and one or more personal care services to persons not related to the owner or operator by blood, marriage or adoption and licensed, certified or approved by the North Carolina Department of Social Services.

(2) PERSONAL SERVICES. For the purpose of this definition, services in addition to housing and food service which include, but are not limited to, personal assistance with bathing, dressing, ambulation, supervision of self-administered medication, transportation, emotional security and other related service.

(3) PERSONAL SERVICE does not include nursing or medical treatment.

(4) These facilities shall contain congregate kitchen, dining and living areas only, with separate sleeping rooms. Further, the facilities shall not be used for those persons in need of a structured environment, as it is defined herein. For purposes of this chapter, congregate living facilities shall not be deemed to include boarding/rooming houses; fraternities/sororities; monasteries; convents; hotels/motels; professional residential facilities; or nursing, convalescent and extended care facilities.

CONTRACTORS OFFICE. An establishment engaged in the provision of construction activities including but not limited to plumbing, electrical work, building, paving, carpentry and other like contracting activities.

CORRECTIONAL FACILITY. A public facility for the housing of persons convicted of a crime.

CREMATORIUM. An establishment for the burning of human or animal remains.

CULTURAL FACILITY. The use of land, buildings or structures to provide educational and informational services to the general public, including but not limited to aquariums, arboreta, botanical and zoological gardens, art galleries, museums and libraries.

DAY CARE FACILITY.

(1) See CHILD CARE.

(2) Any child care center or child care arrangement which provides day care for more than 5 children, under the age of 13 years, on a regular basis of at least once per week for more than 4 hours but less than 24 hours per day, regardless of the time of day and regardless of whether the same or different children attend.

(3) The following are not included: public schools; non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; summer camps having children in full-time residence; Bible Schools conducted during vacation periods; facilities licensed under G.S. Ch. 122C, Article 2; and cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment.

(4) DAY CARE FACILITIES are separated by capacity into the following categories which determine applicable requirements and standards by the Child Day-Care Commission pursuant to G.S. § 110-88: large home, small center, medium center, large center. The Child Day-Care Commission shall establish the maximum capacity for each of the 4 categories of facilities.

DAY CARE FACILITY, ADULT. Institutions for the care or instruction of non-preschool aged persons.

DEVELOPMENT. Any humanmade 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.

DIMENSIONAL NON-CONFORMITY. A non-conforming situation that occurs when the height, size, maximum or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

DORMITORY.

(1) A building used as group living quarters for a student body, religious order or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery or other similar use.

(2) DORMITORIES do not include kitchen facilities except a group kitchen to serve all residents.

DRINKING ESTABLISHMENT.

(1) An establishment where alcoholic beverages are obtainable within or thereon and where the beverages are consumed on the premises.

(2) If the facility also sells food and the sale of food products represent more than 50% of the facility's total sales, the facility shall be considered an EATING ESTABLISHMENT.

DRINKING ESTABLISHMENT; ADULT. An establishment where alcoholic beverages are obtainable within or thereon and where the beverages are consumed on the premises and where any activity displaying specified anatomical areas or specified sexual activities occurs. If the facility also sells food and the sale of food products represent more than 50% of the facility's total sales, the facility shall be considered an EATING ESTABLISHMENT.

DRIVE-IN THEATER. A facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile.

DRIVE-IN WINDOW. A window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for the customers to exit their motor vehicles.

DRY CLEANERS. An establishment engaged in providing laundry, dyeing and dry cleaning services to individual customers.

DRY CLEANERS, SMALL. An establishment engaged on a small scale in providing laundry, dyeing and dry cleaning services to individual customers.

DRY CLEANING PLANT. An establishment engaged in providing laundry, dyeing and dry cleaning services on a large scale for institutions, businesses or other such establishments.

DWELLING/RESIDENCE. A building designed for, or used by, 1 or more families for residential purposes.

DWELLING/RESIDENCE, 2-FAMILY. A structure containing 2 dwelling units.

DWELLING/RESIDENCE, ATTACHED SINGLE-FAMILY. Two or more 1-family dwellings connected by common walls or floors, where each unit is intended for separate ownership.

DWELLING/RESIDENCE, DETACHED SINGLE-FAMILY. An individual dwelling unit for 1 family located on an independent lot containing no other dwelling units.

DWELLING/RESIDENCE, MODULAR. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of 2 or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

DWELLING/RESIDENCE, MULTIPLE-FAMILY. A structure containing 3 or more dwelling units.

DWELLING/RESIDENCE, PREFAB. A dwelling constructed from standardized sections fabricated beforehand for shipment and quick assembly.

DWELLING/RESIDENCE, SINGLE-FAMILY. A structure containing a single dwelling unit.

DWELLING/RESIDENCE UNIT. A room or group of rooms forming a single independent habitable unit used for, or intended to be used for living, sleeping, sanitation, cooking and eating purposes by 1 family only; for owner occupancy or for rental, lease or other occupancy.

EATING ESTABLISHMENT. An establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready to consume state.

DRIVE-IN EATING ESTABLISHMENTS. Those at which food or beverages are served for consumption by customers in parked motor vehicles.

SIT-DOWN EATING ESTABLISHMENTS. Those at which food and/or beverages are served by waitresses or waiters to patrons seated at booths or tables.

WALK-IN/CARRY OUT EATING ESTABLISHMENTS. Those at which the customers receive but do not consume the food and/or beverages at a counter, bar or from a drive-in window.

EATING ESTABLISHMENT, ADULT. An establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready to consume state and where any activity displaying specified anatomical areas or specified sexual activities occurs.

ELECTRICAL and ELECTRONIC REPAIR, LARGE. An establishment engaged in the repair of electrically powered equipment or electronic equipment such as but not limited to large appliances, large computers, radio and television broadcasting equipment and similar items.

ELECTRICAL and ELECTRONIC REPAIR, SMALL. An establishment engaged in the repair of electrically powered equipment or electronic equipment such as but not limited to small appliances, televisions, radios, non-commercial stereo equipment, personal or mini computers and similar equipment. As a general rule, if the item is too large to be hand carried by 1 or 2 people, it is not considered SMALL EQUIPMENT.

EMERGENCY SHELTER. A transitional housing facility designed to temporarily feed and shelter individuals.

EQUIPMENT, HEAVY. Large equipment including but not limited to earth moving equipment, forklifts, tractors, large generators and like items.

EQUIPMENT, LIGHT. Equipment including but not limited to wedding supplies, party supplies, small appliances, hand tools, furniture and like items.

ESTABLISHED GRADE. The elevation of the street grade as fixed by the town.

EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. Whenever the term is used hereafter, it also includes binding, contractual commitments to make future expenditures as well as any other substantial changes in position.

EXTRATERRITORIAL AREA. The land beyond the corporate limits extending for a distance of up to 1 mile in all directions as delineated on the official zoning map of the Town of Liberty.

FAMILY.

(1) Any number of people related by blood, marriage or adoption or not more than 5 unrelated persons living together as a single housekeeping unit, using a single facility in a dwelling unit for culinary purposes.

(2) The term FAMILY shall not be construed to include a fraternity or sorority, club, rooming house, institutional group or the like.

FAMILY DAY CARE HOME. A residence within which child care and supervision is provided for no more than 5 children, unrelated to the caregiver, for less than a 24-hour period.

FARMERS MARKET. A structure or structures erected for the display and sale of agricultural products and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell the products. This is not an accessory use to an existing principal use.

FIRE ESCAPE. A fireproof stairway down an outside wall, to help people escape from a burning building.

FLAMMABLE LIQUIDS.

(1) A liquid having a flash point below 100°F (37.8°C) and having a vapor pressure not exceeding 40 pounds per square inch (absolute) (2,068 mm Hg) at 1,000°F (37.8°C) shall be known as a Class I liquid.

(2) Class I liquids shall be subdivided as follows:

(a) Class IA liquids shall include those having flash points below 73°F (22.8°C) and having a boiling point below 100°F (37.8°C);

(b) Class IB liquids shall include those having flash points below 73°F (22.8°C) and having a boiling point at or above 100°F (37.8°C); and

FLEA MARKETS, OPEN AIR SALES. A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. This use shall be considered a principal use of a lot.

FLEA MARKETS, OPEN AIR SALES; TEMPORARY. A temporary use of a building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique. Sales of this type are not generally considered to be part of or accessory to the principal use on the lot.

FLEX PARKING SPACES. Parking spaces provided for a use that has not been stated.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD CONTROL WORKS. Any humanmade construction, such as a dam, levee, groin or jetty designed to alter the flood potential of the body of water on or adjacent to which it is built.

FLOOD FRINGE AREA. That area of the flood plain lying outside the floodway but still lying within the area of special flood hazard, i.e., within the 100-year flood plain.

FLOOD INSURANCE STUDY.

(1) The official report provided by the Federal Insurance Administration.

(2) The report may contain flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

FLOOD PLAIN. Any normally dry land area that is susceptible to being inundated by waters of the 1% chance flood, i.e., the 100-year flood.

FLOOD-PROOFING. Structural additions, changes or adjustments to structures subject to flooding which will reduce or eliminate flood damages to water and sewer facilities, structures and contents of buildings.

FLOODWAY. The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the velocity waters of the regulatory flood.

FLOOR AREA, GROSS.

(1) The sum of enclosed areas on all floors of a building or buildings measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and any below-grade floor area used for habitation, access and storage.

(2) Not countable as FLOOR AREA are open terraces, patios, atriums, balconies and breezeways.

FLOOR AREA RATIO. The ratio of permitted floor area to the area of the lot.

FRATERNITY or SORORITY HOUSES. A dwelling or combination of dwellings on a single lot occupied by and maintained exclusively for college students who are affiliated with a social, honorary or professional organization recognized by the college or university.

FUNERAL PARLOR. An establishment engaged in preparing human remains for burial and conducting funerals.

FURNITURE REFINISHING AND REPAIR. An establishment engaged in the stripping, cleaning, painting, staining, sealing, varnishing or other like refinishing of the wood or metal components of furniture or the replacement or repair of broken or missing portions of a piece of furniture.

GAME ROOMS. Any establishment offering the operation of 1 or more amusement devices, and/or mechanical or electronic amusement devices including machines and software that requires skill to manipulate the outcome of winning. Included in this definition is SWEEPSTAKES BUSINESS/INTERNET CAFÉ.

GARAGE, PRIVATE. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

GAS STATION.

(1) An establishment where gasoline or diesel fuel is supplied and dispensed at retail and where no servicing or repair of vehicles is permitted.

(2) Convenience goods may be sold at the facilities but the sales shall be accessory to the sale of gasoline or diesel fuel.

HEALTH PRACTITIONER'S OFFICE. An establishment offering diagnostic and routine health care on an outpatient basis by licensed practitioners such as but not limited to physicians, dentists and chiropractors.

HEALTH SERVICES. The use of land, buildings and structures for uses such as but not limited to hospitals, medical clinics, medical and dental laboratories and rehabilitation centers.

HEIGHT.

(1) The vertical distance between the lowest proposed finished grade of the structure and the highest point of the structure.

(2) Finished grade shall be determined using all applicable regulations of the town, state and federal governments.

HELIPORT. Any landing area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service, storage, tie-down areas, hangars and other necessary buildings and open spaces.

HELISTOP. Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo. No fueling, refueling or service facilities.

HELISTOP, EMERGENCY MEDICAL. Any landing area used for the taking off or landing of helicopters for the purpose of picking up and discharging of emergency medical patients, personnel or equipment and the like.

HOME OCCUPATION. An accessory use of a dwelling unit which constitutes, either entirely or partly, the livelihood of the person(s) living in the dwelling unit.

HOSPITAL. An institution providing physical and mental health services primarily for human in-patient medical or surgical care for the sick or injured, including related facilities such as laboratories, out-patient services, training facilities, central service facilities, emergency services and staff offices.

HOTEL or MOTEL. A building or group of buildings containing lodging units intended primarily for rental or lease to transients by the day or week, and providing additional services such as restaurants, meeting rooms and recreation facilities.

INDUSTRIAL DISTRICTS. I and IP Districts shall be considered as Industrial Districts.

JUNK. Includes but is not limited to old, or dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, tires, motor vehicles and parts thereof.

JUNKED MOTOR VEHICLES. A vehicle that does not display a current license plate and that:

(1) Is partially dismantled or wrecked;

(2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

(3) Is more than 5 years old and appears to be worth less than $100.

JUNKYARD. Land used for the storage or keeping or handling or display of junk.

KENNEL. An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming breeding, boarding, training or selling of animals is conducted as a business.

LAND EXCAVATION. Removal of 500 cubic yards or more of sand, soil, peat, muck, clay, stone, shell and the like, for disposal off-site.

LANDFILL.

(1) Land used for the disposal of waste excluding hazardous waste.

(2) LANDFILLS are classified into 2 different types based upon the type of wastes received at the landfill:

CLEAN MATERIAL LANDFILLS. Land used for the disposal of only non-water-soluble, non-decomposable, inert material, consisting of concrete, brick, steel, clean fill dirt and other similar material; and

SANITARY LANDFILLS. A facility used for the disposal of solid waste. SANITARY LANDFILLS are divided into 2 classes based on the amount of wastes received:

1. Class I sanitary landfills are those which receive solid waste at a monthly average of 20 tons or more of solid waste per day or 50 cubic yards or more of solid waste per day; and

2. Class II sanitary landfills are those which receive solid waste at a monthly average of 20 tons or less of solid waste per day or less than 50 cubic yards of solid waste per day.

LEAST DIMENSIONS.

(1) The least dimension of a yard is the least of the horizontal dimensions of the yards.

(2) If 2 opposite sides of a yard are not parallel, the LEAST DIMENSION shall be deemed to be the mean distance between them.

LIBRARY. A building in which literary, musical, artistic or reference materials are kept for use but not generally for sale.

LIQUOR STORE. An establishment engaged in the retail sale of packaged alcoholic beverages for consumption off-premises.

LIMITED DURATION. An activity carried out for a period of not less than 1 day nor more than 21 days.

LOADING, OFF-STREET. Space located outside of any street right-of-way easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.

LOT. Land bounded by lines legally established for the purpose of property division. As used in this chapter, unless the context indicates otherwise, the term refers to a ZONING LOT.

LOT, CORNER. A lot at the junction of and abutting upon 2 or more streets.

LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.

LOT, FRONT OF. The front of a lot shall be considered to be that side(s) of the lot which fronts on a street. In the case of a corner lot, the narrower side fronting on the street shall be considered to be the front of the lot. If the lot has equal frontage on two or more streets, frontage shall be determined by the Zoning Administrator in accordance with the prevailing building pattern, or the prevailing lotting pattern. If a pattern has not been established frontage shall be determined at the option of the owner.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. A line that marks the boundary of a lot.

LOT LINE, INTERIOR. Any lot line that is not a street lot line; a lot line separating a lot from another lot.

LOT LINE, STREET. Any lot line separating a lot from a street rights-of-way or general access easement. Where a lot line is located within the street right-of-way or easement, the right-of-way or easement boundary adjacent to the lot shall be considered the street lot line.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Randolph County, or any parcel of land, whether or not part of a subdivision, that has been officially and legally recorded by a deed in the office, provided the lot was of a size which met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.

LOT WIDTH. The horizontal distance measured along a straight line connecting the points where the minimum front yard line meets the interior lot lines or, if on a corner, the other front yard line.

LOWEST HABITABLE FLOOR. Any floor, including a basement, used for living, which includes working, sleeping, eating, cooking or recreation facilities, or any combination thereof.

LUMBER and OTHER BUILDING MATERIALS SALES. An establishment engaged in the retail sale of finished lumber, packaged roofing materials, doors and other materials used by individuals or builders.

LUMBERYARD. An establishment engaged in the cutting, dressing, finishing and wholesale sale of lumber.

MAJOR THOROUGHFARE. A major thoroughfare as identified by the Thoroughfare Plan for the Town of Liberty.

MANUFACTURED/MOBILE HOME. A dwelling unit that is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and is composed of 1 or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis and exceeds 32 feet in length and 8 feet in width.

(1) Class A: A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction and also meet Town of Liberty appearance criteria.

(2) Class B: A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction but which do not meet Town of Liberty appearance criteria.

(3) Class C: Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

MANUFACTURED/MOBILE HOME PARK. A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes.

MANUFACTURING, PROCESSING and ASSEMBLING, LIGHT. Activities described in manufacturing, processing and assembling, heavy conducted wholly within an enclosed structure and not employing more than 15 persons and utilizing no more than a total of 25 horsepower in power driven machines and material handling equipment.

MANUFACTURING, PROCESSING and ASSEMBLING, HEAVY. The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition, if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins or liquors.

MARQUEE. An ornamental structure projecting over an entrance attached to or cantilevered from a building. This does not include an awning.

MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing varying elevations within the flood plain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).

MEDICAL and DENTAL LABORATORY. An establishment engaged in the testing and analysis of material for medical or dental services or for the patient on prescription of a health practitioner.

MEETING HALL. See BANQUET FACILITY.

MEMBERSHIP ORGANIZATIONS. A membership establishment operated by a corporation or association of persons for activities which include but are not limited to business, professional, social, literary, political, educational, fraternal, charitable or labor activities, but which are not operated for profit or to render a service which is customarily conducted as a business.

MENTAL INSTITUTIONS/SANITARIUMS. An institution providing mental health and physical care services for inpatient medical or surgical care for the mentally ill who are dangerous to others as defined in G.S. § 122C-3 or the physically sick.

MINILUBE. The use of a structure for the express purpose of changing fluids, filters and grease in a motor vehicle.

MINOR THOROUGHFARE. A minor thoroughfare as identified by the Thoroughfare Plan for the Town of Liberty.

MIXED USE RESIDENTIAL IN B1 DISTRICTS. A residential conversion of any existing structure within the B 1. The conversion shall maintain the ground floor for commercial use, thus creating a mixed-use structure.

MIXED USE STRUCTURE. A structure, where permitted, that houses multiple uses. See Note 16 of §§ 154.060 through 154.068.

MOBILE HOME/MANUFACTURED HOME. A dwelling unit that is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and is composed of 1 or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis and exceeds 32 feet in length and 8 feet in width.

(3) Class C: Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

MOBILE/MANUFACTURED HOME PARK. A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes.

MOTOR VEHICLE REPAIR, MAJOR.

(1) Any automotive repairs or servicing not listed under “Motor Vehicle Repair, Minor.”

(2) Further, it is determined to be any structure in which machinery operated by mechanical power is installed which is designed for making major repairs to motor vehicles, or where in making repairs to motor vehicles the mechanical power employed in the operation of any machine or tool exceeds 3-HP or the total mechanical power provided or employed exceeds 15-HP.

MOTOR VEHICLE REPAIR, MINOR.

(1) Sale and service of spark plugs, batteries and distributor and ignition system parts;

(2) Sales, service and repair of tires, but not recapping or regrooving;

(3) Replacement of mufflers, tail pipes, water hose, fan belts, brake fluids, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearing, mirrors and the like;

(4) Radiator cleaning, flushing and fluid replacement;

(5) Greasing and lubrication;

(6) Providing and repairing fuel pumps, oil pumps and lines;

(7) Minor adjustment and repair of carburetor;

(8) Emergency repair of wiring;

(9) Adjusting brakes and installing exchange brake shoes;

(10) Minor motor adjustment not involving removal of the head or crankcase and grinding valves;

(11) Wheel balancing;

(12) Battery recharging;

(13) Warranty maintenance and safety inspections; and/or

(14) Other minor servicing of a similar intensity to those listed above.

MULCH. A natural or artificial layer of plant residue or other materials (i.e., leaves, straw, peat moss, rock brick rubble, stone, bark, wood chips) covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover and minimizes temperature fluctuations.

MUSEUM. An establishment engaged in the procurement, care, study and display of objects of historical, educational and cultural value and interest.

NATIONAL GEODETIC VERTICAL DATUM (NGVD). A vertical control, corrected in 1929, used as a reference for establishing varying elevations within the flood plain.

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this chapter.

NONCONFORMITY.

(1) Lots, uses of land, uses of structures, structures or characteristics of uses, which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter.

(2) The following constitute types of nonconformities:

(a) Lots;

(b) Uses of land without structures or with minor structures only;

(d) Structures; and

(e) Characteristics of use which were lawful but would be prohibited, regulated or restricted by the enactment of this chapter or a subsequent amendment thereto.

(3) Nonconformity may also be created where lawful public taking or actions pursuant to a court order have the same effect as violations of this chapter, if undertaken privately.

NON-RESIDENTIAL DISTRICTS. B1, B2, I and IP Districts shall be considered as NON-RESIDENTIAL DISTRICTS.

NUISANCE VEHICLE. A junked motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance or unlawful, including a vehicle found to be:

(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;

(2) A point of heavy growth of weeds or other noxious vegetation over 8 inches in height;

(3) A point of collection of pools or ponds of water;

(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;

(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods and the like;

(6) So situated or located that there is a danger of it falling or turning over;

(7) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Town Council;

(8) Offensive to the sight as to damage the community, neighborhood or area appearance, upon a finding that the aesthetic regulation is necessary and desirable for the protection of property values, promotion of tourism, indirect protection of health and safety, preservation of the character and integrity of the community, or promotion of the comfort, happiness and emotional stability of area residents; or

(9) Used by children in play activities.

NURSING, CONVALESCENT and EXTENDED CARE FACILITY.

(1) Any facility which provides nursing services as defined in the North Carolina Statutes Annotated.

(2) FACILITY means any institution, building, residence, private home or other place, whether operated for profit or not, including those places operated by a county or municipality, which undertakes through its ownership or management to provide nursing care, personal care or custodial care for persons not related to the owner or manager by blood or marriage, who for reason of illness, physical infirmity, or advanced age require those services, but shall not include any place providing care and treatment primarily for the acutely ill.

OBSTRUCTION. Any dam, wall, embankment, levee, dike, pile, abutment, spoil material, bridge conduit, culvert, building, wire, fence, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

OFF-PREMISES. Not located on the zoning lot with the principal use or structure.

OFF-PREMISES ADVERTISING SIGN/BILLBOARD. Any sign used as an outdoor display for the purpose of directing attention to a business, commodity, service or entertainment conducted, sold, manufactured or offered at a location other than the location of the sign.

OFF-STREET LOADING. Loading space located on the same lot as the principal use.

OFF-STREET PARKING. Parking spaces located on the same lot as the principal use.

OPAQUE (DENSE).

(1) Difficult to get through, penetrate, having parts crowded together packed tightly together, compact.

(2) Not allowing light to pass through.

OPEN SPACE.

(1) That area of a zoning lot not encumbered by buildings, parking or other required improvements.

(2) OPEN SPACE may contain required buffers, screens, lawn and the required recreation space.

(3) Included within this OPEN SPACE may be open balconies, open courtyards, open atriums.

OPEN SPACE RATIO. The open space ration is used to establish minimum open space requirements. The minimum of open space required shall not be less than the number of square feet in the zoning lot multiplied by the open space ratio.

OVEN STORAGE. The storage outside of a building, or within buildings with less than 3 sides, of materials, supplies, merchandise, equipment, commercial vehicles and like items, but excluding junk.

PARKING AREA, GROSS.

(1) The total area provided for the off-street parking of automobiles, including parking stalls and the necessary driveway access space thereto.

(2) Walkways, planting strips and other landscaped areas shall not be counted as GROSS PARKING SPACE.

PARKING, OFF-STREET. Space located outside of any street right-of-way or easement and designed to accommodate the parking of domestic vehicles.

PARKING SPACE.

(1) The off-street storage space available for the parking of motor vehicles.

(2) The minimum dimensions of a PARKING SPACE shall be 9 feet in width and 18 feet in length, with a total area of 162 square feet exclusive of passageways and driveways appurtenant thereto and giving passage thereto.

PARKING SPACE, HANDICAPPED. A parking space as defined by the North Carolina Building Code.

PERSON. Any natural person, firm, partnership, association, corporation or governmental unit.

PERSONAL CARE SERVICES.

(1) The furnishing of services to residents including but not limited to individual assistance with, or supervision of, essential activities of daily living, such as eating, bathing, grooming, dressing and ambulating; the supervision of self-administered medication and other similar services.

(2) PERSONAL CARE SERVICES shall not be construed to mean the provision of medical, nursing, dental or mental health services.

PERSONAL SERVICES. Services generally involving the care of a person or a person's apparel, including but not limited to barber shops, beauty salons, tattoo/body piercing studios, seamstress shops, shoe repair and shining shops, dry cleaning and laundry pickup facilities, and coin-operated laundry facilities.

PLACE OF ASSEMBLY. A place designed to accommodate the assembly of persons attending athletic events, musical performances, dramatic or dance performances, speeches or ceremonies and other entertainment events, and including but not limited to coliseums, athletic centers, concert halls and auditoriums.

PLANNED DEVELOPMENT.

(1) Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations.

(2) A PLANNED DEVELOPMENT includes principal and accessory structures and uses substantially related to the character and purposes of the planned development.

(3) A PLANNED DEVELOPMENT is built according to general and detailed plans which include not only streets, utilities, lots and building location and the like, but also site plans for all buildings as are intended to be located, constructed, used and related to each other, and plans for other uses and improvements on the land as related to the buildings.

(4) A planned development includes a program for the provision, operation and maintenance of those areas, facilities and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated or maintained at general public expense.

PLANNING/CD DEPARTMENT. The unit of government of the Town of Liberty that supervises planning and redevelopment activities of the town. Also known as the COMMUNITY DEVELOPMENT DEPARTMENT.

PLANNING DIRECTOR. The individual charged with the supervision of the Planning Department.

PRINCIPAL BUILDING. A building in which is conducted the principal use of the parcel on which it is situated.

PRINCIPAL USE. The primary purpose of function that a parcel serves or is intended to serve.

PRODUCE SALES. The display and sale of agricultural products that is not an accessory use to an existing principal use, on an undeveloped or developed lot. Not to include flea market and open air sales or produce/farmers market.

PROFESSIONAL RESIDENTIAL FACILITY. Any residential establishment, other than a hospital or nursing home, providing to persons in need of a structured environment board, lodging, supervision, medication, counseling or other diagnostic or therapeutic services and licensed by the North Carolina Department of Social Services.

PROFESSIONAL SERVICES. Services generally involves practitioners of a calling or vocation in which a knowledge of some department of science or learning is used in its application to the affairs of others. These activities would include but not be limited to accounting, auditing and bookkeeping services, architectural services, engineering and surveying services, interior design services and legal services. Physicians and dentists are classified as health practitioners. See HEALTH SERVICES and HEALTH PRACTITIONERS.

PUBLIC NOTICE. Public notice of a hearing means notice of the time and place thereof published in a newspaper.

PUBLIC USE FACILITY. The use of land, buildings, or structures by a public utility, railroad, or a unit of government, to provide public services, governmental or proprietary, directly to the general public. This definition includes, but is not limited to, water treatment plants or pumping stations, sewage treatment plants or pumping stations, substations, telephone exchanges, and other similar public service structures. This definition also includes police and fire stations, municipal buildings, bus terminals or similar facilities for public transportation, community centers, emergency response facilities and any other public facility providing the above services but not including land, buildings, or structures devoted solely to the storage and maintenance of equipment and materials.

PUBLISHING and PRINTING. An establishment primarily engaged in preparing, publishing and printing of newspapers, periodicals, books and pamphlets, reports, advertisements and the like.

RADIO and TELEVISION RECEIVING ANTENNA and DISH, ACCESSORY. An antenna or dish designed for the above-ground reception of airborne radio or television signals and serving only the needs of the occupants of a single building or of a single residential development.

RADIO and TELEVISION STUDIO. A facility for the production and broadcast of radio and television shows, including things such as offices, dressing rooms, broadcast and taping studios, file rooms, set storage and related installations, but not including radio and television transmitting and receiving facilities, as defined in this chapter.

RECEPTION HALL. See BANQUET FACILITY.

RECREATION. Any form of play, amusement or relaxation.

RECREATION and AMUSEMENT SERVICES. A commercial facility providing recreational activities including but not limited to swimming pools, tennis clubs, public gymnasiums, discotheques, bowling alleys, shuffleboard courts, baseball hitting ranges, miniature golf, golf driving ranges, dance schools or classes, skating rinks, zoos and indoor movie theaters.

RECREATION, COMMERCIAL INDOOR.

(1) Any form of play, amusement or relaxation used for monetary gain conducted within an enclosed structure.

(2) Does not include amusement arcades, gamerooms or billiards or pool halls. See GAMEROOMS.

RECREATION, COMMERCIAL OUTDOOR. Any form of play, amusement or relaxation used for monetary gain not conducted within an enclosed structure.

RECREATION SPACE.

(1) Recreation space is part of the total open space requirement, and is an exterior area for common passive or active recreation use; i.e. play areas for children, outdoor seating areas and the like where the facilities are available for common use by tenants and visitors.

(2) Active RECREATION SPACE shall be at least 20 feet from any residential unit.

RECREATION SPACE RATIO.

(1) The recreation space ratio is used to establish minimum recreation space requirements.

(2) The minimum recreation space required shall not be less than the number of square feet in the required open space multiplied by the RECREATION SPACE RATIO.

RECREATIONAL VEHICLE.

(1) A vehicular type portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use and includes but is not limited to travel trailers, motor homes, camping trailers, campers, auto truck and recreational vans.

(2) RECREATIONAL VEHICLES are considered domestic vehicles.

RECREATIONAL VEHICLE PARK. The provision of 2 or more recreational vehicle spaces on a single zoning lot.

RECREATIONAL VEHICLE SPACE. An area of land designated for the location of a recreational vehicle while the recreational vehicle is in use as a dwelling unit.

RECYCLING CENTER. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled, essentially by hand within a completely enclosed building.

RECYCLING COLLECTION POINT. An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of these items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

RECYCLING PLANT. A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products, are recycled, reprocessed and treated to return the products to a condition in which they may again be used for production.

REGULATORY FLOOD. For purposes of this chapter, a flood event having a 1% chance of occurring in any given year, i.e., the 100-year flood.

REGULATORY FLOOD ELEVATION. The crest elevation in relation to mean sea level expected to be reached by the regulatory flood at any given point in an area of special flood hazard.

REHABILITATION CENTERS. An establishment engaged exclusively in the provision of outpatient services to correct, cure or assist an individual in adjusting to a physical disability. These services include but are not limited to physical therapy, occupational therapy, speech therapy, audiology, radiology and respiratory therapy, but excluding therapy for mental illness, drug or alcohol dependency, or rehabilitation of criminals.

RENTAL HALL. See BANQUET FACILITY.

REPAIR SERVICES.

(1) The use of land, structures or buildings for the purposes of mending or restoring items after decay, damage, dilapidation or partial destruction.

(2) Services include but are not limited to bicycle repair, electrical and electronic repairs, gunsmiths, locksmiths, re-upholstery services, furniture, refinishing and repair, small motor repair and watch, clock and jewelry repair.

(3) Construction activities and motor vehicle repair shall not be included in REPAIR SERVICES.

RESEARCH ACTIVITY. Research, development and prototype testing related to fields such as chemical, pharmaceutical, medical, electrical, transportation and engineering, provided those activities are conducted within entirely enclosed buildings and produce no noise, smoke, glare, vibration or odor detectable outside the buildings.

RESIDENCE/DWELLING. A building designed for, or used by, 1 or more families for residential purposes.

RESIDENCE/DWELLING, 2-FAMILY. A structure containing 2 dwelling units.

RESIDENCE/DWELLING, ATTACHED SINGLE-FAMILY. Two or more 1-family dwellings connected by common walls or floors, where each unit is intended for separate ownership.

RESIDENCE/DWELLING, DETACHED SINGLE-FAMILY. An individual dwelling unit for 1 family located on an independent lot containing 1 other dwelling unit.

RESIDENCE/DWELLING, MODULAR. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of 2 or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

RESIDENCE/DWELLING, MULTIPLE-FAMILY. A structure containing 3 or more dwelling units.

RESIDENCE/DWELLING, PREFAB. A dwelling constructed from standardized sections fabricated beforehand for shipment and quick assembly.

RESIDENCE/DWELLING, SINGLE-FAMILY. A structure containing a single dwelling unit.

RESIDENCE/DWELLING UNIT. A room or group of rooms forming a single independent habitable unit used for, or intended to be used for living, sleeping, sanitation, cooking and eating purposes by 1 family only; for owner occupancy or for rental, lease or other occupancy.

RESIDENTIAL CONVERSION WITHIN A B1 DISTRICT. A residential conversion of any existing structure within the B1 District. A conversion shall maintain the ground floor for commercial uses, thus creating a mixed use structure. Conversions of this type shall be permitted only upon the issuance of a special use permit.

RESIDENTIAL DISTRICTS. R40, R12, R6, and RMF Districts shall be considered as residential districts.

RETAIL. The use of land, buildings or structures for the sale of merchandise, new or used.

RETAIL SALES, CONVENIENCE GOODS. Commercial establishments that generally service day-to-day commercial needs of a residential neighborhood, including, but not limited to, convenience stores, tobacco shops, newsstands, bakeries, candy, nut and confectionery stores, delicatessens, dairy products, meat and seafood markets, produce markets, food stores with less than 10,000 square feet in floor area.

RETAIL SALES, SHOPPERS’ GOODS. Commercial establishments that, supply the more durable and permanent needs of a community, including but not limited to, apparel and footwear stores; appliance stores; art supplies stores; automotive supply stores; book and stationery stores; camera and photography supplies stores; department stores; discount stores; drug stores; drinking establishments; farm supplies stores; florists; furniture and home furnishing stores; gift shops; gun and ammunition sales; hardware stores; hobby, toy and crafts stores; jewelry stores; lawn and garden supply stores; liquor stores, mail order pickup facilities; novelty and souvenir shops; office equipment stores; optician and optical supplies stores; paint and wallpaper stores; pet shop; radio and television sales stores; sporting goods stores; supermarkets; trading stamps redemption stores; and variety stores.

ROLLOFF TRAILER BODY. A container without motive power designed for carrying property or persons wholly within its own structure and is carried on the chassis or undercarriage of a motor vehicle.

SCHOOL. A facility which is in compliance with the North Carolina Compulsory School Attendance Law and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

SCHOOL, BUSINESS. An establishment offering to the public, for a consideration, instruction in administration, accounting, bookkeeping, computer use, typewriting and other skills for use in commercial or service activities.

SCREEN. A dense, evergreen hedge or solid fence or wall used to enclose, screen or separate certain uses as specified in this chapter. The design, composition, height and location of these facilities are established in §§ 154.080 through 154.097 below.

SEASONAL SALES; TEMPORARY. The display and sale of pumpkins, Christmas trees and the like, that is not an accessory use to an existing principal use, on an undeveloped or developed lot. Not to include flea market and open air sales or produce/farmers market.

SERVICE STATION.

(1) An attended or unattended establishment where gasoline and/or diesel fuel is supplied and dispensed at retail and where, in addition, the following services only may be rendered and sales made accessory to the sale of gasoline and/or diesel fuel:

(a) Sales and service of spark plugs, batteries and distributor and ignition system parts;

(b) Sales, service and repair of tires, but not recapping or regrooving;

(c) Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;

(d) Radiator cleaning, flushing and fluid replacement;

(e) Washing and polishing, and sale of automotive washing and polishing supplies;

(f) Greasing and lubrication;

(g) Providing and repairing fuel pumps, oil pumps and lines;

(h) Minor adjustment and repair of carburetors;

(i) Emergency repair of wiring;

(j) Minor motor adjustment not involving removal of the head or crankcase;

(k) Sale of beverages, packaged food, tobacco products and similar convenience goods for customers, as accessory and incidental to principal uses;

(l) Provision of road maps and other travel information to customers;

(m) Provision of restroom facilities;

(n) Warranty maintenance and safety inspections.

(2) Uses permissible at a SERVICE STATION do not include major mechanical and body work, straightening of body parts; painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.

SEXUALLY EXPLICIT MATERIALS OR ACTIVITIES. Those materials or activities showing specified anatomical areas or specified sexual activities.

SIGHT DISTANCES. The triangular area formed by the intersecting streets pavement edges and a straight line connecting points on the street pavement edges, each of which is 35 feet in distance from the point or intersection. (Where 2 state maintained streets intersect, regulations of N.C. DOT shall apply.)

SIGN. Any structure designed to inform or attract the attention of persons not on the premises on which the device is located.

SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment conducted, sold manufactured or offered.

SIGN, AWNING ADVERTISING. A sign designated on a canopy or awning permanently extended over a sidewalk or walkway advertising the business of a building or an establishment contained therein.

SIGN, AWNING IDENTIFICATION. A sign designated on a canopy or awning and identifying the name or address of a building or an establishment contained therein.

SIGN, BANNER; TEMPORARY. A banner to be used only for messages of a public service nature, such as announcements of charity fund campaigns, conventions and the like, for no more than 30 days.

SIGN, CHANGEABLE COPY.

(1) A sign such as an electronically or electrically controlled public service such as time, temperature and date sign, message center or readerboard, where different copy changes of a public service or commercial nature are shown on the same lampbank.

(2) CHANGEABLE COPY SIGNS are not classified as flashing signs.

SIGN, CHURCH DIRECTORY OR IDENTIFICATION. A sign used to announce meetings or programs to be held on the premises of a church. The sign shall not exceed 25 square feet.

SIGN, ENTRANCE and EXIT. Signs directing and guiding traffic on private property, but which bear no advertising matter and do not exceed 2 square feet in area. These signs shall be limited to 2 per entrance.

SIGN, FLASHING, BLINKING, PULSATING, ROTATING, OCCULTING. Signs which contain, include or are illuminated by any flashing, intermittent or moving light or lights, including beacons, rotating discs and other devices which resemble traffic lights, traffic signs, emergency vehicle flashing lights. Changeable copy signs are not classified as FLASHING SIGNS.

SIGN, FREESTANDING (POLE). A sign erected which is wholly independent of any building for support. All like signs must be permanently affixed to or constructed upon the lot where they are located.

SIGN, GROUND. A sign supported by 1 or more upright braces or posts placed directly upon or in the ground, and not attached to any part of a building.

SIGN, IDENTIFICATION. A sign which carries no advertising message, and is used to identify the name of an institution, organization, title and/or occupation or profession, the name of a building and the firms located within.

SIGN, INCIDENTAL. A sign carrying no advertising message, but giving information for the convenience and necessity of the public such as entrance, exit, no admittance, telephone, parking and the like.

SIGN, MARQUEE. A sign affixed to a permanent roof-like structure of rigid materials supported by and extending from the facade of a building.

SIGN, NONCONFORMING. A sign not in compliance with any provision of this chapter, specifically §§ 154.080 through 154.097 as of the effective date of its adoption; or any sign located on the premises of land annexed by the town which does not comply with all of its provisions.

SIGN, OBSOLETE. Signs identifying business establishment's no longer in existence, products no longer being sold, and/or services no longer being rendered.

SIGN, OFF-PREMISE (ADVERTISING/BILLBOARD). A commercial sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located.

SIGN, OFF-PREMISE CHURCH DIRECTIONAL. A sign which provides directions to a church not located on the premises where the sign is located.

SIGN, OFF-PREMISE DIRECTIONAL. A sign which bears no advertising message providing directions to an establishment or establishments not located on the premises where the sign is located.

SIGN, POLITICAL. A sign conveying an advertising message for a political candidate or organization.

SIGN, PORTABLE. A sign which rests on the ground and which is designed or constructed in such a manner so that it can be moved or relocated without involving any substantial structural or support changes. This definition includes, but is not limited to, A-shaped, T-shaped and mobile-type portable signs.

SIGN, PROJECTING. A sign projecting out from, and attached to, the exterior wall of a building and forming an angle of 30 degrees or more with the wall.

SIGN, REAL ESTATE. A sign located on the premises and offering the premises for sale, rent, lease or development.

SIGN, ROOF. A sign erected, constructed or maintained upon the roof of any building.

SIGN, SUBDIVISION NAME MARKERS. A sign identifying the name of a subdivision provided the location of the marker is outside the intersection sight triangle and the normal maintenance limits. In non-residential districts these markers may include a listing of the occupants of the subdivision.

SIGN, SUSPENDED. A sign which is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and is supported by the surfaces.

SIGN, TEMPORARY. A sign displayed for a period of not more than 30 days.

SIGN, TEMPORARY CIVIC. A temporary sign displaying the civic organization's current activities, programs and the like.

SIGN, WALL. A sign affixed to the surface of, and whose plane is parallel to the plane of, the exterior wall of the building; or which forms an angle of less than 30 degrees.

SIGN, WINDOW. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

SIGNS, AREA.

(1) The surface area of a sign shall be computed as including the entire area within a parallelogram, triangle, circle, semi-circle or other regular geometric figure, including all of the elements of the display, but not including frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter.

(2) When 2 identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and when the sign faces are part of the same sign structure and are not more than 42 inches apart, the sign areas shall be computed by the measurement of one of the faces. In the case of cylindrical signs, signs in the shape of cubes or other signs which are substantially 3-dimensional with respect to their display surfaces, the entire display surface or surfaces shall be included in computations of area.

(3) In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area and bearing advertising material shall be computed separately as part of the total surface area of the sign.

SIGNS, NUMBER OF.

(1) For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.

(2) Where matter is displayed in a random manner without organized relationship of units, or where there is a reasonable doubt about relationship of elements, each element or light shall be considered to be a single sign.

(3) When 2 identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and when the sign faces are part of these same sign structure, then this shall be considered to be a single sign.

SLAUGHTERHOUSE. An establishment where animals are killed, butchered and prepared for further processing.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR FARM. A utility-scale commercial facility that uses solar energy, specifically for the conversion of sunlight into electricity by photovoltaics, concentrating solar thermal devices or various experimental technologies, for the primary purpose of wholesale or retail sales of generated electricity. The use of solar collectors for personal or business consumption that occurs on-site is not considered a SOLAR FARM.

SOLID WASTE. Garbage, rubbish, refuse or other discarded solid or semi-solid material resulting from domestic, commercial, industrial, agricultural activities or governmental operations, excluding solids or dissolved materials in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

SPECIAL PURPOSE LOT. A lot legally created to accommodate a unique nonresidential use, that upon approval by the Zoning Administrator in accordance with this chapter, is not required to possess the typical lot size, area, width, and road frontage mandated by the underlying zoning district.

SPECIAL EVENT. Any public or private occurrence, elsewhere permitted by ordinance, which generates at least 1,000 vehicles trips within a 24-hour period.

SPECIAL USE. A use which would not be appropriate generally or without special study throughout the zoning district but which, if controlled as to number, size, location or relation to the neighborhood, would promote the public health, safety and general welfare.

SPECIAL USE PERMIT. The grant of permission by the Town Council for certain property uses.

SPECIFIED ANATOMICAL AREAS.

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic region;

(b) Buttock; and/or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy; and/or

(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STABLE. A building in which horses or cattle are sheltered and fed.

START OF CONSTRUCTION.

(1) The first placement or permanent construction of a structure on a site, such as pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation such as clearing, grading or filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the principal structure.

(2) For a structure without a basement or poured footings, the START OF CONSTRUCTION shall be the first permanent framing or assembly of the structure or any part thereof on its piling or foundation for sites other than mobile home parks, or the affixing of any prefabricated structure to its permanent site.

(3) For mobile home parks, which are equipped with concrete pads on which mobile homes are to be placed, START OF CONSTRUCTION means the date on which the pouring of the pads commences.

(4) For mobile home parks which are not equipped with concrete pads, START OF CONSTRUCTION means the date on which installation of utilities and final site grading are completed.

STORY. The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

STREET. A thoroughfare which affords the principal means of access to abutting property.

STREET LINE. The street line is the dividing line between the street and the lot, as established by the Town of Liberty; also called the RIGHTS-OF-WAY LINE.

STREET, PRIVATE. A roadway, not dedicated to the public, providing primary access to adjacent properties and meeting the regulations of the Town of Liberty for private street development.

STREET, PUBLIC. A dedicated and accepted right-of-way maintained by the Town of Liberty or the State of North Carolina and providing access to adjacent property.

STRUCTURAL ALTERATION. Any change, except for repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams or girders.

STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a fixed location on the ground, including but not limited to principal accessory buildings, signs, fences, walls, bridges, monuments, flagpoles, antennas, transmission poles, towers and cables.

STRUCTURE, ACCESSORY. A subordinate structure detached from, but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

STRUCTURE, PRINCIPAL. A structure or, where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which a structure is located.

STRUCTURE, PORTABLE ACCESSORY. A structure used only for storage and not habitation which is placed on a zoning lot and is designed or constructed in a manner so that it can be moved or relocated without involving any substantial structural or support changes. PORTABLE ACCESSORY STRUCTURES shall include tractor-trailer bodies and rolloffs and exclude mobile homes.

STRUCTURE, TEMPORARY. A structure which is placed on a zoning lot for a specific time period which is not intended to be a permanent structure; neither principal nor accessory.

STRUCTURE, TEMPORARY ACCESSORY. A structure used only for storage and not habitation which is placed on a zoning lot for a specific time period which is not intended to be a permanent structure.

STRUCTURED ENVIRONMENT. A residential setting within which persons, progressing from relatively intensive treatment for crime, delinquency, mental or emotional illness, alcoholism, drug addiction or similar conditions to full participation in community life, are provided professional staff services, as well as board, lodging, supervision, medication and other treatment.

SWEEPSTAKES BUSINESS / INTERNET CAFÉ. Any business that uses computer terminals or machines equipped with legal sweepstakes software to promote the sale of Internet usage by revealing sweepstakes winnings or machines and software that requires skill to manipulate the outcome of winning. Excluded are the operation of illegal video gaming machines and other such devices as described by the State of North Carolina. Also excluded is business services space where sweepstakes software is not utilized.

TATTOO/BODY PIERCING STUDIO. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Body piercing does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.

TECHNICAL SCHOOLS. The use of land, structures or buildings for the provision of training in various skills and may include but not limited to business schools, trade schools and vocational schools.

TELECOMMUNICATION TOWER. Any structure which is designed for the support of 1 or more antennas, including monopole towers, self-supporting lattice towers and guy towers. Towers included in this definition are television and radio transmission towers, microwave towers, common-carrier towers, personal communications service towers, cellular towers and the like.

TRACTOR-TRAILER BODY. A container without motive power designed for carrying property or persons wholly within its own structure and is drawn by a motor vehicle.

TRANSFER STATION. A use of land where nonhazardous or toxic waste such as residential, commercial or industrial is temporarily deposited for the purpose of a break in bulk and further shipment to a landfill or other appropriate destination.

TRAVEL PARK. An area intended and equipped for the temporary parking of vehicles and tents designed for travel, recreational and vacation dwellings.

TRAVEL TRAILER. A structure that is intended to be transported over the streets and highways (either as a motor vehicle or attached, to or hauled by a motor vehicle), and is designed for temporary use as sleeping quarters, but does not satisfy one or more of the definitional criteria of a manufactured home.

TRUCK TERMINAL. Uses primarily devoted to the storage, sorting or breaking of bulk products or distributing or delivery of parcels, post or other goods.

USE. The specific activity or function for which land, a building or a structure is designated, arranged, occupied or maintained.

USE, ACCESSORY. A use on the same lot or in the same structure with, and of a nature and extent customarily incidental and subordinate to, the principal use of the lot or structure.

USE, PRINCIPAL. The primary use and chief purpose of a lot or structure.

USED MERCHANDISE. An establishment engaged in the sale of previously owned goods, except the sale of used motor vehicles.

VARIANCE. A relaxation by the Board of Adjustment of the dimensional regulations of this chapter where an action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

VEHICLE, COMMERCIAL. Any vehicle, licensed by any state of the United States or Mexico or province or territory of Canada, other than domestic vehicles, as defined in this chapter, or over 1 ton in weight or 20 feet in length.

VEHICLE, DOMESTIC. Any vehicle, licensed by any state of the United States or Mexico or province or territory of Canada, as a private vehicle for operation on streets and may include but not be limited to automobiles, private pickup trucks and vans.

VEHICLE, NUISANCE. A junked motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance or unlawful, including a vehicle found to be:

(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;

(2) A point of heavy growth of weeds or other noxious vegetation over 8 inches in height;

(3) A point of collection of pools or ponds of water;

(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;

(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods and the like;

(6) So situated or located that there is a danger of it falling or turning over;

(7) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Town Council;

(9) Used by children in play activities.

VEHICLES, JUNKED MOTOR. A vehicle that does not display a current license plate and that:

(1) Is partially dismantled or wrecked;

(2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

(3) Is more than 5 years old and appears to be worth less than $100.

VOCATIONAL SCHOOL. An establishment in which is offered, for compensation, instruction in a vocation such as but not limited to barbering, cosmetology, hair styling, bartending and interior decorating.

WAREHOUSE. A building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one or more lessees of space in the facility or both.

WAREHOUSE, MINI. A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of goods belonging to the individual lessees of the stalls and accessible to the lessees through individual doors.

WHOLESALE DISTRIBUTION. Establishments engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

YARD. An open space unoccupied and unobstructed by any structure or portion of a structure.

YARD, FRONT. A yard extending between the side lot lines across the entire portion of a lot adjacent to a street.

YARD, REAR. A yard extending across the rear of a lot between the side yard lines. The rear yard shall be at the opposite end of the lot from the front yard, excepting in the case of through lots and corner lots.

YARD SALE. The sale of residential household items or personal possessions which have been incidentally accumulated during normal residential use of the property by a person residing on the premises where the sale is conducted, but not including items purchased for resale, or items transported to the premises solely for sale. The term includes, but is not limited to sales commonly known as GARAGE, PATIO, DRIVEWAY, LAWN, ATTIC or other general sale of like nature.

YARD, SIDE. A yard extending along the side of a lot between the front yard and the rear yard except on corner lots where the side yard is the yard along any interior lot line which intersects with a street lot line.

ZONING COMPLIANCE PERMIT. A permit issued by the Zoning Administrator authorizing the recipient to make use of property in accord with the requirements of this chapter. This PERMIT may either be a separate document or part of the normal permits associated with certificates of occupancy, occupational license applications, building permits or the like.

ZONING DISTRICTS. Areas of land or water, whose boundaries are indicated on the official zoning atlas, within which all properties are regulated by the general regulations of this chapter and the specific regulations of the individual district.

ZONING LOT. A lot or combination of lots shown on an application for a zoning compliance permit.

(1981 Code, § 1202) (Ord. passed 6-28-2004; Am. Ord. passed 11-23-2009; Am. Ord. passed 7-6-2015; Am. Ord. passed - - ; Am. Ord. passed - - ; Am. Ord. passed 3-25-2019; Am. Ord. passed 3-23-2020; Am. Ord. passed 1-9-2023; Am. Ord. passed 8-8-2023)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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