As used in the UDO, the following terms shall have the meanings assigned to them in this section. When one or more defined terms are used together, their meanings shall also be combined as the context shall require or permit. All terms not specifically defined shall carry their usual and customary meanings. Undefined terms indigenous to a trade, industry or profession shall be defined when used in such context in accordance with their usual and customary understanding in the trade, industry or profession to which they apply.
ABUTTING. Having property or district lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street or alley.
ACCESS. A way of approaching or entering a property. Access also includes ingress, the right to enter and egress, the right to leave.
ACTIVE CONSTRUCTION. Activities that contribute directly to the building of facilities including land-disturbing activities for roads, parking lots, footings, etc.
ADMINISTRATOR. The person designated to carry out the responsibilities established in this UDO or their designee.
ADULT BOOKSTORE. An establishment having as a substantial or Significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Area”, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ESTABLISHMENT. Any establishment having a substantial portion of materials or entertainment characterized by an emphasis on sexual activities, anatomical genital areas, or the female breast as listed and defined in G.S. § 14.210.10 (or any successor thereto).
ADULT MOTELS AND HOTELS. A place where motion pictures not previously submitted to or not rated by the Motion Picture Association of America are shown in rooms designed primarily for lodging, which said motion pictures have as the dominator primary theme matters depicting, describing or relating to Specified Sexual Activities.
ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, for observation by patrons therein.
AIRSTRIP. A surface used for take-off and landing of aircraft.
ALCOHOLIC BEVERAGE SALES STORE. The retail sales of beer, wine, and/or other alcoholic beverages for off-premise consumption as a primary use.
APPLICANT. A person, including any governmental entity, seeking development approval.
AMUSEMENTS, INDOOR. Establishments that provide commercial recreation activities completely within an enclosed structure such as video arcades, skating rinks, roller rinks, shooting ranges, bowling alleys, and billiards/pool halls.
AMUSEMENTS, OUTDOOR. Establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments; go-cart facility; theme parks, carnivals, fairgrounds, and midways; paintball parks; and water rides.
ANIMAL PRODUCTION. Industries in the Animal Production subsector raise or fatten animals for the sale of animals or animal products. The subsector comprises establishments, such as ranches, farms, and feedlots primarily engaged in keeping, grazing, breeding, or feeding animals. These animals are kept for the products they produce or for eventual sale. The animals are generally raised in various environments, from total confinement or captivity to feeding on an open range pasture. Establishments primarily engaged in the farm raising and production of aquatic animals or plants in controlled or selected aquatic environments are included in this subsector.
ATM. Computerized, self-service machines used by banking customers for financial institutions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations.
AUTOMOBILE/VEHICLE SALES, RENTAL, SERVICE & REPAIR. Establishments which may have showrooms or open lots for selling, renting or leasing automobiles, light trucks, motorcycles, and ATVs.
BANKS, CREDIT UNIONS, FINANCIAL SERVICES. Establishments that engage in financial transactions that create, liquidate, or change ownership of financial services. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds from these deposits. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, savings and loan institutions, check cashing services, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies.
BAR/TAVERN. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery and other beverage tasting facilities.
BED AND BREAKFAST ESTABLISHMENT. A private home of not more than eight guest rooms that offers bed and breakfast accommodations, and that: 1) No more than eight guest rooms that offers bed and breakfast accommodations may be provided on each private residence; 2) Serves only the breakfast meal, and that meal is served to overnight guests of the business; 3) An owner/manager of a bed and breakfast home shall reside on the property.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
BEST MANAGEMENT PRACTICES (BMP): A structural or non-structural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
BONA FIDE FARM PURPOSES. Includes the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. § 106-581.1 and all other purposes described in G.S. § 153A-340.b.2.
BUFFER. A combination of physical space and vertical elements, such as plantings or fencing, used to separate and screen incompatible land uses from each other.
BUFFERYARD. The area of a required buffer in which plantings or other screening elements are to be located.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING, ACCESSORY OR ACCESSORY STRUCTURE. A building or structure that is located on the same Lot as a Principal Building or Structure, used incidentally to a Principal Building or used for purposes that are secondary the Principal Use of the site. For example, a storage shed is considered an Accessory Building when located on a Lot with a Single-Family dwelling.
BUILDING, PRINCIPAL OR PRINCIPAL STRUCTURE. The building or structure on a Lot that houses the Principal Use. For example, in the example for the previous definition, the Single-Family home would be the Principal Building.
BUILDING FLOOR AREA. The gross floor area of an individual structure built for support, shelter or enclosure for any occupancy or storage.
BUILDING FRONT OR FRONTAGE. The length of that side of the principal building that faces the street. For corner Lots, the front shall be determined by the Administrator based on other development along the faces of the block on which the corner Lot is located.
BUILDING HEIGHT. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest, to the highest point of the building.
BUILDING STORY. A story is a habitable level within a building of no more than 14 feet in height from finished floor to finished ceiling. Unoccupied attics less than seven feet in height and raised basements less than six feet in height (as measured from the average grade of the fronting sidewalk) are not considered stories for the purposes of determining building height. A mezzanine shall be considered a story if it is contiguous with at least 60% of the building’s front façade, is designed to be occupiable, and maintains an average depth of at least 16 feet. The under-roof area with dormers does not count as a story.
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas, recreation facilities, etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
CAMPS & CAMPING ESTABLISHMENTS. Sites where the main operation is to accommodate campers and their equipment, provide overnight recreational camps, may provide cabins, food services, washrooms, trailer parks, etc.
CANOPY TREE. Large-growing, shade-producing trees with an expected mature height of 40 feet or greater and an expected mature crown spread of 30 feet or greater.
CEMETERY. A parcel of land used for internment of the dead in the ground or in mausoleums.
CHEMICAL, MEDALS, MACHINERY & ELECTRONIC MANUFACTURING. Manufacturing facility that transforms or refine chemicals or metals, and manufacture products from chemicals or metals.
CO-LOCATION. The use of an approved telecommunications structure to support antenna for the provision of wireless services.
CHANGE OF USE. For the purposes of this UDO only this term shall mean any alteration in the use of a lot or structure which, in the determination of the Administrator, changes the primary use such lot or property from one use type listed in the Use Table in Article III to another use type.
CHILD/ADULT DAY CARE CENTER (MORE THAN EIGHT PERSONS). An individual, agency, or organization providing supervision or care on a regular basis for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults; and who are not residents in the center; designed and approved to accommodate more than eight children or adults at a time based on state regulations; not an accessory to residential use.
CHILD/ADULT DAY CARE HOME (EIGHT OR LESS PERSONS). Supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for no more than eight children (no more than five of which may be of pre-school age).
CERTIFICATE OF OCCUPANCY. Official certification that a structure conforms to provisions of the UDO (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied or used.
CIRCULATION AREA. That portion of the vehicle use area used for access to parking or loading areas or other facilities on the lot.
CORNER LOT. A lot which abuts the right-of-way of two streets at their intersection.
COLLEGE/UNIVERSITY. Junior colleges, colleges, universities, and professional schools with physical structures (excluding online and remote programs). These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels in a campus setting in more than one building.
COMMUNITY SUPPORT FACILITY. A permanent, stand-alone support facility providing personal assistance to individuals in need; such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services. This definition does not include emergency/hazard shelters or clothing/food collection centers as accessory uses.
COMBINATION USE. A use consisting of a combination on one lot of two or more principal uses separately.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT. No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
COMPATIBLE/COMPATIBILITY. A condition in which land uses or conditions can coexist in a relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility does not require homogeneity, but does consider the relative scale, design and intensity of nearby structures, uses and activities.
CONFERENCE/CONVENTION FACILITY. A commercial facility for public assembly including, but not limited to auditoriums, conference facilities, convention centers, exhibition halls, and the like.
COMMUNITY GARDEN. An exterior area for the small-scale production of vegetables and flowering plants for personal or small commercial use. This definition includes community and private gardens.
CORRECTIONAL INSTITUTION. Government establishments generally designed for the confinement, correction, and rehabilitation of offenders sentenced by a court.
CONSERVATION EASEMENT. The grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall either remain in its natural, scenic, open or wooded state; or be used for agricultural purposes authorized specifically authorized by the easement.
CRITICAL ROOT ZONE. The circular area of ground surrounding a tree extending from the center of tree to the greater of 1.5 feet per caliper inch DBH of the tree or the dripline (furthest extent of tree canopy).
CUTOFF FIXTURE. An outdoor light fixture shielded or constructed in such a manner that no more than 2½% of the total light emitted by the fixture is projected above the horizontal plane of the fixture.
DEDICATION. A gift, by the owner, or a right to use land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.
DEVELOPMENT FLOOR AREA. The total building floor area of any construction projects simultaneously developed by a single developer.
DEVELOPMENT. Process or result of subdivision of land, or the construction, reconstruction, site improvement, installation of improvements, establishment of a temporary or accessory improvement or structure or other modification to land or a body of water.
DEVELOPMENT APPROVAL. Any development approval, whether discretionary or ministerial, approved by the town pursuant to this UDO.
DEVELOPMENT CONDITIONS. The written development program, dimensional standards, special conditions and restrictions on development submitted with the application for zoning approval.
DEVELOPMENT ENVELOPE. Area within which grading, lawns, pavement and buildings will be located.
DEVELOPMENT PATTERN. A type of development described in this UDO or otherwise established that is characterized by a mix of uses, intensities of development or specific design characteristics.
DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts.
DRAINAGE EASEMENT. A 20-foot wide minimum strip of land reserved for conveyance of stormwater required when the total drainage area exceeds four lots or four acres, whichever is less, generally located along rear or side lot lines, but may cross lots at such points that will not pose a hazard to persons or property.
DRAINAGEWAY. A natural or artificial stream or depression that conveys surface water.
DRIVE-THRU/DRIVE-IN FACILITY. A primary or accessory facility where goods or services may be obtained by motorists without leaving their vehicles. These facilities include drive-through bank teller windows, dry cleaners, fast-food restaurants, drive-through coffee, photo stores, pharmacies, etc. Does not include: Automated Teller Machines (ATMs), gas stations or other vehicle services, which are separately defined.
DRIVE-IN THEATER. A specialized outdoor theater for showing movies or motion pictures on a projection screen where patrons view movies from their vehicles.
DRIPLINE. A vertical line extending from the outer edge of a tree canopy to the ground.
DRY CLEANING & LAUNDRY SERVICES. Coin operated laundries, dry cleaning pick-up stores without dry cleaning equipment, or dry cleaning stores that do not provide cleaning services to other collection stations or stores.
DWELLING OR DWELLING UNIT. A unit designed and intended to house a person or family that includes bathroom, cooking and sleeping facilities.
DWELLING, ACCESSORY. A dwelling unit either detached or attached, such as a garage apartment or cottage, located on a lot with an existing single-family dwelling.
DWELLING, MULTI-FAMILY. A building including three or more dwelling Units.
DWELLING, MULTI-FAMILY CONVERSION. A multi-family dwelling containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of Gross Floor Area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOME). A multi-family dwelling in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance and each dwelling unit is conveyed through a subdivision plat.
DWELLING-SINGLE FAMILY DETACHED. A free standing building designed for and/or occupied by one household. These residences may be individually owned as residences or residences owned by rental or management companies. Also includes factory-built, modular housing units that comply with NC State Building Code.
DWELLING, TWO-FAMILY OR DUPLEX. A two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
EASEMENT. A grant of one or more of the property rights by the property owner for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures except when authorized by the town.
ELECTRONIC GAMING OPERATIONS. Any business activity, whether as a principal or accessory use, in which patrons use electronic or mechanical machines, including, but not limited to, computers and gaming terminals, to conduct or stimulate games of chance, including the use of the machines to reveal the pre-determined value of an entry, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether the value is determined by the machines or by pre-determined odds. Gaming Operations do not include any Lottery approved by the State of North Carolina or any nonprofit activity otherwise lawful under state law.
EMERGENCY/HAZARD SHELTERS. A shelter intended to protect occupants from temporary emergencies and hazards.
ENGINEERED (OR STRUCTURAL) STORMWATER CONTROLS. A structural best management practice (BMP) used to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals.
EROSION. The wearing away of land surface by the action of the wind, water, gravity, or any combination thereof.
ESTABLISHED FARM. Means an ongoing agricultural operation including all such operations that qualify for the agricultural use value tax rate.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this ordinance.
EXTRATERRITORIAL PLANNING JURISDICTION (ETJ). That portion of the town’s Planning Jurisdiction that lies outside the corporate limits of the town.
FAÇADE. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation.
FAMILY. One or more persons living together as a single housekeeping unit.
FAMILY CARE HOME (SIX OR FEWER RESIDENTS). A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons and is certified by the State of North Carolina. (G.S. § 168-21)
FINISHED GRADE. The grade after construction, exclusive of any filling, berming, mounting, or excavating.
FLOOR. The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in a frame construction. The term does not include the floor of a garage used solely for parking vehicles.
FRONTAGE. All property abutting a street line measured along the street line.
FUNERAL HOMES/CREMATORIUMS. Establishments for preparing the dead for burial or interment and conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead, and selling caskets and related merchandise).
GROSS FLOOR AREA. The sum of the enclosed area on all floors of a building measured from the outside faces of the exterior walls. It includes any below grade floor areas used for habitation or storage.
GAS / FUELING STATION. Establishment that primarily retails automotive fuels. These establishments may further provide services such as automotive repair, automotive oils, and/or replacement parts and accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. The sale of food and other items as well as car washes shall be incidental to the gas station.
GENERAL COMMERCIAL. A place of business providing the sale and display of goods or sale of services directly to the consumer, with goods available for immediate purchase and removal from the premises by the purchaser.
GENERAL COMMERCIAL – GREATER THAN 25,000 SF. A use category allowing general commercial premises greater than 25,000 square feet in gross leasable area to be available for the commercial sale of merchandise and prepared foods, but excluding manufacturing.
GREENWAY. A linear natural preserve available for free and unstructured recreation to the general public. This term is not meant to be inclusive of required pedestrian/bicycle connections from adjacent development to greenways.
GROSS FLOOR AREA. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
GROSS LEASABLE FLOOR AREA. The total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors. It is measured from the center line of joint partitions and from outside wall faces.
GROUND COVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
HALFWAY HOUSE. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. § 122C-3(14), or anti-social or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.
HEAVY EQUIPMENT/MANUFACTURED HOME RENTAL/SALES. Establishments which may have showrooms or open lots for selling, renting or leasing heavy equipment such as buses, trucks, manufactured homes, construction equipment, or boats or marine craft.
HOME OCCUPATION. Any occupation or profession carried on entirely within a dwelling by one or more occupants thereof, provided that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
HOSPITAL. A health care facility and related facilities the purpose of which is to provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis; but not including group homes.
HOTEL/MOTEL/INN. Establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including, overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are included in this category.
ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES OR IESNA). The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.
IMPERVIOUS SURFACE. Impervious surface area includes any material which reduces and/or prevents absorption of storm water. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc.
INDUSTRY, HEAVY. A non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge; or that involves the use or storage of any hazardous materials or substances; or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity; or that involves the mining or extraction of any minerals, ore, fossil fuels, or other materials from beneath the surface of the earth. Typically, the largest facilities in a community, these structures house complex operations, some of which might be continuous (operated 24 hours a day, seven days a week).
INDUSTRY, LIGHT. A non-residential use that involves the manufacturing, assembling, finishing, cleaning or developing any product or commodity. Facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical. This includes medical and testing laboratories. This definition also includes facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Also included are laundry/dry cleaning plants as principal uses engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry-cleaning and garment pressing; and commercial laundries.
KENNELS, OUTDOOR. A use or structure intended and used for the breeding or accommodation of small domestic animals for sale or for the training or overnight boarding of animals for persons other than the owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals.
LAND-DISTURBING ACTIVITY. Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
LANDFILL. A disposal facility for hazardous or nonhazardous solid waste. These establishments also manage recycling and resource recovery facilities that operate in conjunction with landfills.
LANDSCAPE PLAN. A plan illustrating the design and specifications for the preservation of existing vegetation; the placement of any live plant materials such as trees, shrubs, grasses, ground covers, etc.; and the location and design of built features such as berms, fencing, walls, etc.
LIGHT MANUFACTURING WORKSHOPS. The assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and are visually undifferentiated from an office building or a residentially-scaled garage. These typically involve the work of artisans or craftsman. May also include beer brewing or other similar facilities as part of a microbrewery and other beverage tasting facilities.
LIGHT POLLUTION. Any adverse effect of manmade light including, but not limited to, Light Trespass, up-lighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky; often used to denote urban sky glow.
LIVE-WORK UNITS. An attached residential building type with a small commercial enterprise on the ground floor and a residential unit above or behind with a common tenant in both spaces (no dual occupancy is permitted).
LOT. A parcel of land having frontage on a public street or other officially approved means of access.
LOT FRONTAGE. The lot width measured at the street right-of-way line from which the lot obtains access.
LOW IMPACT DEVELOPMENT. A method of site development and stormwater management that mimics the natural hydrologic functions of infiltration, runoff, and evapotranspiration on a site before development occurs.
MANUFACTURED HOME. A dwelling unit that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site.
MANUFACTURED HOME, CLASS A. A dwelling unit constructed with one or more components which are pre-fabricated and hauled to the site that are capable of producing a dwelling which is indistinguishable from conventionally built homes and which meets the construction requirements of the North Carolina Residential Building Code as amended.
MANUFACTURED HOME, CLASS B. A dwelling unit that: (1) is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code as amended; and (2) is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site; and (3) meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development.
MANUFACTURED HOME, CLASS C. Any manufactured home that does not meet the definition criteria of a Class A or Class B manufactured home but which, at a minimum, exceeds 32 feet in length and eight feet in width.
MANUFACTURED HOME PARK. A residential use in which more than one Class B or Class C manufactured home is located on a single lot. MAJOR SUBDIVISION. Any subdivision of land into six or more lots, or which requires the dedication of public utilities, public easements and/or public streets.
MASTER-PLANNED COMMUNITY. A large-scale residential neighborhood with uniform design features and a mixture of office, commercial and recreational amenities. Some master-planned communities may have schools, office parks, shopping centers and other such uses.
MATERIALS RECOVERY & WASTE TRANSFER FACILITIES. This industry comprises establishments primarily engaged in a) operating facilities for separating and sorting recyclable materials from nonhazardous waste streams (i.e., garbage) and/or b) operating facilities where commingled recyclable materials, such as paper, plastics, used beverage cans, and metals, are sorted into distinct categories.
MECHANICAL UTILITY. Any piece of machinery or equipment with moving parts, generates noise, or causes any kind of environmental disturbance or creates emission of any kind, including air movement. Said machinery or equipment is generally functional or utilitarian in nature.
MEDICAL CLINIC. Medical service facilities that provide outpatient ambulatory or outpatient health care such as emergency medical clinics; ambulatory surgical centers; dialysis centers; outpatient family planning services; community health centers and clinics; blood and organ banks; and medical services such as physician’s and dentist’s offices.
MINOR SUBDIVISION. Any subdivision of land into three or fewer lots which does not require the dedication of public utilities and/or public streets.
MULTI-USE TRAIL. A trail designed for compatible and safe concurrent use by pedestrians and bicyclists.
MUSEUM/CULTURAL FACILITIES. Facilities designed to promote cultural advancement and serve the community such as occasional live theater, dance, or music establishments; art galleries, studios and museums; non-profit civic or fraternal organizations; museums, exhibition, or similar facility; and libraries.
NEIGHBORHOOD PARKS. Improved space set aside for public use and recreation that is comprised of one or more of the following: Greenway, Green, Square, Playground, or Community Garden.
NIGHT CLUB. A business that operates primarily in the evening hours that principally provides entertainment such as live music, and/or dancing, comedy, etc.
NON-CONFORMING PROJECT. Any structure, development or undertaking that is incomplete at the effective date of this UDO and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
NURSERIES & GARDEN CENTERS. Any establishment that provides activities related to growing crops mainly for commercial food and fiber. Establishments, such as farms, orchards, groves, greenhouses, and nurseries, which are primarily engaged in the commercial production of crops, plants, vines, or trees and their seeds should be included in this category.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Lillington Board of Commissioners as a guide to the development of the Town of Lillington.
OPEN AIR RETAIL. A retail sales establishment operated primarily in the open air including, but not limited to: farmers market, flea markets, sidewalk kiosks and the like. Uses not included are: car sales, equipment sales, boats sales, and home and garden supplies and equipment.
OPEN SPACE. Those areas set aside and protected from development which may be left in a generally unimproved state.
OUTPARCEL. A parcel of real property having access to at least one public street, private roadway or private drive that is part of a larger commercial development, but that may be sold or leased without further subdivision.
OUTSIDE OR DISPLAY SALES. The sale of goods and products outside of a permanent structure that are clearly related to the function contained in that structure. This includes, but is not limited to, landscape materials, lawn and garden supplies, and produce.
OWNER. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. “Owner” shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of “owner” under another description in this definition, such as a management entity.
PARCEL. An area of land not dedicated for public or common use capable of being described with such definiteness that its location and boundaries may be established and includes but is not limited to lots.
PARKING LOT/STRUCTURE – PRINCIPAL USE. A stand-alone parking lot or structure (deck/garage) that is available for public or private use, but that is not accessory to another use.
PARKING AREA AISLES. That portion of the vehicle use area consisting of lanes providing access to parking spaces.
PAWNSHOPS. Premises operated by a pawnbroker who is engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders. (Subject to G.S. Ch. 91A)
PERMIT ISSUING AUTHORITY. A person or entity authorized by this UDO to grant development approval, whether discretionary or ministerial.
PERSONAL CARE SERVICES. Cosmetic services such as hair and nail salons, barber shops, clothing alterations, shoe repair, weight loss centers and non-permanent makeup services.
PERSONAL CARE SERVICES (RESTRICTED). A personal service establishment that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize its adverse impacts, including check-cashing services and tattooing, piercing, and similar services. These uses may also include accessory retail sales of products related to the services provided.
PLANNING JURISDICTION. The area within the town limits as well as the area beyond the town limits within which the town is authorized to plan for and regulate development, as set forth in this UDO.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
POST OFFICE. Establishments conducting operations of the United States Postal Service including permanent, contract, and lease stations.
PROFESSIONAL SERVICES. Services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others such as legal services; accounting, tax, bookkeeping, and payroll services; architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages; and insurance-related services.
PRODUCE STANDS. A temporary open air stand or place for the seasonal selling of agricultural produce by an individual (excludes Open Air Retail).
PUBLIC SAFETY STATION. Facilities for federal, state and local law enforcement and fire protection agencies, and their accessory uses including office space, temporary holding cells, equipment and evidence storage facilities, and vehicle garages. This definition is not intended to be inclusive of vehicle impoundment lots or state prison facilities.
PUBLIC ADMINISTRATION/ CIVIC MEETING FACILITY. Not-for-profit membership organizations such as alumni associations, booster clubs, scouting organizations, ethnic associations, social clubs, fraternal lodge and veterans’ membership organizations primarily engaged in promoting the civic and social interests of their members. The uses often include meeting and storage facilities.
RACETRACK. An outdoor course prepared for horse, dog, automobile, or other vehicle racing. RECREATION FACILITIES, INDOOR. Uses or structures for active recreation including gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive of both non-profit and for-profit operations.
RECREATION FACILITIES, OUTDOOR. Parks and other open space used for active or passive recreation such as ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, and tennis courts and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), pools, restrooms, and picnic shelters.
RECYCLING COLLECTION STATIONS. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.
REDEVELOPMENT. Any rebuilding activity other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development.
RESEARCH & DEVELOPMENT CENTERS. A building or complex of buildings designed or used primarily for research, light manufacturing, development and testing laboratories and their associated uses. Such uses shall not create any odor, dust, smoke, gas, noise, vibration or similar pollution in violation of this ordinance or other local, state or federal regulations.
RESIDENTIAL CARE FACILITIES. A staffed premises (not a single-family dwelling) with paid or volunteer staff that provides full-time care to more than six individuals. Residential care facilities include group homes (G.S. Chapter 131D), nursing homes (G.S. § 131E-101), residential child-care facilities (G.S. § 131D-10.2), assisted living residences (G.S. § 131D-2), adult care homes (G.S. § 131D-2), retirement housing, congregate living services, assisted living services, continuing care retirement centers, skilled nursing services and orphanages. This term excludes family care homes and halfway houses.
RELIGIOUS INSTITUTION. Any facility such as a church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary related uses for education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, etc.) and accessory uses such as cemeteries, mausoleums, offices, soup kitchens, and bookstores.
RESTAURANT. A retail business selling ready-to-eat food and/or beverages for on or off-premise consumption. Customers may be served from an ordering counter (i.e., cafeteria or limited service restaurant); at their tables (full-service restaurant); and, at exclusively pedestrian oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars). To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than 30% of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages.
RETENTION POND. A pond that has a permanent pool and which also collects storm water runoff, filters the water and releases it slowly over a period of days.
RIDING STABLES. An establishment where horses are boarded and cared for, and where instruction in riding, jumping and showing and/or the hiring of horses for riding is offered.
RIGHT-OF-WAY. An interest in land to the town, county or state that provides for the perpetual right and privilege of the town, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, stormwater drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.
ROOMING AND BOARDING HOUSE. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
SCHOOLS – ELEMENTARY & SECONDARY. A public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary and secondary education.
SEDIMENT. The solids particulate matter both mineral and organic that has been or is being transported by water, air, gravity or ice from its site of origin.
SEDIMENTATION. The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
SEEDING. Seed, straw and tack, hydro-seed, sod, or other approved seeding method.
SETBACK (MINIMUM). A line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line.
SHOOTING RANGE, OUTDOOR. A permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range excludes any area for the exclusive use of archery or air guns or enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range’s approved use.
SHOPPING CENTER. A collection of commercial businesses located in one or more buildings on a site that is under common ownership or management. Shopping Centers may include outparcels.
SIGN. Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view, or any structures, including billboard or poster panel, designed to carry visual information. Municipal public works of art are not considered signage.
SIGN, AREA. (1) The surface area of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign including latticework, wall work and individual letters and spaces between letters comprising part(s) of the sign. (2) Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle of greater than 60 degrees, the surface of both sides of the sign shall be included in the computation of area.
SIGN, AWNING/CANOPY. Signs integrated into traditional storefront awnings or canopies that may project over a sidewalk from the building façade.
SIGN, DIRECTIONAL/IDENTIFICATION. Public purpose signs designed to identify parking areas, control traffic, and provide guidance to special areas and to announce one’s arrival into the heart of the community. These signs are solely for the purpose of navigation and do not contain commercial messages.
SIGN, ELECTRONIC MESSAGE BOARD. An electronically generated changeable copy message within a sign frame which does not incorporate any mechanical movement of the sign itself.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and/or color at all times when such is in use. For the purpose of this ordinance, any moving, illuminated sign shall be considered a flashing sign. Such signs shall not be deemed to include time and temperature signs or public message displays using electronic switching.
SIGN, FREESTANDING. (1) A sign that is attached to, erected on or supported by some structure (such as a column, pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. (2) A sign that stands without supporting elements, such as a “sandwich sign,” is also a freestanding sign.
SIGN, IDENTIFICATION. Incidental signs that list tenants, unit numbers, address, contact information, hours of operation, and similar noncommercial characteristics, in a multi-tenant building with common entry.
SIGN, MONUMENT. A freestanding sign where the base of the sign is on the ground and is supported by solid structural features other than support poles. The width of the top of the sign structure can be no more than 120%.
SIGN, NONCONFORMING. A sign legally established prior to the effective date of this ordinance or subsequent amendment thereto, that does not conform to the sign regulations found herein.
SIGN, OFF-PREMISES (BILLBOARDS). A sign that draws attention to or communicates information that is conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, PORTABLE. Any sign not exceeding 32 square feet in area and not permanently attached to the property on which it is located.
SIGN, PROJECTING. A sign attached to a wall and projecting away from that wall more than 12 inches, but not more than five feet.
SIGN, ROOF. A sign which is displayed above the eaves of a building.
SIGN, TEMPORARY. A type of non-permanent sign located on private property that is generally displayed for a limited period of time in conjunction with a specific activity or event occurring at the property.
SIGN, WALL. A sign attached to a wall and not projecting away from the wall more than 12 inches.
SIGN, WINDOW/DOOR. Signs Flat signs or letters which are painted or attached to the window of a building or structure.
SILTATION. Sediment resulting from accelerated erosion which can be settled or removed by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water.
SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
SITE PLAN. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and human-made, and, depending on requirements, the location of proposed utility lines.
SOLAR ENERGY SYSTEM. The following defines a Solar Energy System (also known as a Solar Farm): the components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems.
SPECIAL EVENTS: Temporary, organized events that: 1) Run no longer than two weeks; 2) Are intended to or likely to attract substantial crowds; and 3) Are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SPECIFIED ANATOMICAL AREAS: For the purpose of this UDO, “Specified Anatomical Areas” is defined as: 1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. For the purposes of this UDO, “Specified Sexual Activities” is defined as: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; or 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STABILIZATION. The process of restoring a site with ground cover or armor to resist soil erosion from the forces of air, wind, or water.
STATE MANDATE. The minimum rules adopted by the Environmental Management Commission (EMC) for application to state’s water supply watersheds, as required by the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph is “…to protect and enhance the quality of the state’s surface water supplies by establishing a cooperative program of water supply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC).”
STORMWATER RUNOFF. The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting.
STREAM. An intermittent or perennial surface water subject to US Army Corps of Engineers (Corps) and/or NC Division of Water Resources (DWR) 404/401 jurisdiction. To confirm jurisdictional status, a formal Corps and/or DWQ response is required (e.g. Jurisdictional Determination).
STOP WORK ORDER. A written order to stop work, issued by the Administrator, upon determining that work is being conducted in violation of this ordinance.
STORAGE-OUTDOOR STORAGE YARD. The storage of various materials outside of a structure, as a principal use. This includes salvage yards used for the storage and/or collection of any type of equipment.
STORAGE – SELF-SERVICE. A building containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis.
STORAGE-WAREHOUSE, INDOOR STORAGE. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
STORMWATER BEST MANAGEMENT PRACTICE MANUAL. The Stormwater Best Management Practice Manual approved for use in Phase II jurisdictions by the N.C. Division of Water Resources and certified by this jurisdiction is at least as stringent as the Stormwater Best Management Practice Manual approved for use in Phase II jurisdictions the proper implementation of the requirements of the federal Phase II stormwater program. All references herein to the Stormwater Best Management Practice Manual are to the latest published edition or revision.
STREAM CLASSIFICATION. The existing or contemplated best usage of streams, pursuant to 15A NCAC 02B .0300, and/or subsequent clarifications, modifications, and addenda.
STREAM BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The stream buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
STREET. A dedicated and accepted public right-of-way for vehicular and pedestrian traffic which affords the principal means of access to abutting property:
(1) ALLEY. A minor right-of-way privately or publicly owned, primarily for the service access to the back or side of properties.
(2) ARTERIAL OR MAJOR STREET. A traffic artery designed primarily to carry heavy volumes of local vehicular traffic from the intersecting minor streets.
(3) COLLECTOR STREET. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets.
(4) CUL-DE-SAC. A street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other.
(5) LOCAL OR MINOR STREET. A street, the principal purpose of which is to provide vehicular access to the properties abutting it.
(6) MARGINAL ACCESS STREET. A local or minor (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on land or attachment to something having permanent location on the land.
STUDIO – ART, DANCE, MARTIAL ARTS, MUSIC. Small facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics, yoga, and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment.
SUBDIVIDER. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building sites, or other divisions for the purpose of sale, or building development (whether immediate or future) and shall include all divisions of land involving the dedications of a new street or a change in existing streets.
SUBSTANTIAL PROGRESS. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. “Substantial progress” for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.
THEATER, INDOOR MOVIE OR LIVE PERFORMANCE. A specialized theater for showing movies or motion pictures on a projection screen or a stage for live performances. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance.
THEATER, OUTDOOR. An establishment for the performing arts with open-air seating for audiences.
TOP OF BANK. The points in a cross-section where the stream channel makes a transition to flood plain. Top of bank can be identified by a change in the slope of the land, a transition from terrestrial to riparian vegetation, and/or changes in the composition of substrate materials.
TOWER. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
TRACT. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
TRAFFIC VISIBILITY ZONE. A sight triangle at intersections of two public streets or a public street and private driveway with the triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections.
UNDERSTORY TREE. Small-growing trees with an expected mature height of 20 to 40 feet.
USE, ACCESSORY. A use incidental to and customarily associated with a specific Principal Use located on the same Lot, Tract or Parcel.
USE, PRINCIPAL. The primary or main use of land or structures, as distinguished from a secondary or accessory use.
UTILITIES. Publicly or privately owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection, treatment and disposal of sewage or refuse; the transmission of communications; of similar functions necessary for the provision of public services. Radio transmission facilities less than 180 feet in height for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities. Utilities are divided into three classes:
(1) CLASS 1: Transmission and collection lines (above and below ground) including electrical, natural gas, waste water collection/transmission, and water distribution lines; pumping stations, lift stations, and telephone switching facilities (up to 200 sq. ft.).
(2) CLASS 2: Elevated water storage tanks; water and wastewater package treatment plants, telephone switching facilities (over 200 sq. ft.), substations, or other similar facilities in connection with telephone, electric, steam, and water facilities.
(3) CLASS 3: Generation, production, or treatment facilities such as power plants, water and sewage plants (greater than 0.3 mgd), and landfills.
VEHICLE USE AREA. That portion of a lot or parcel that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas and parking areas (spaces and aisles).
VETERINARY SERVICES. Establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals; boarding services for pets; and grooming.
VEHICLE RENTAL/LEASING/SALES. Establishments which may have showrooms or open lots for selling, renting or leasing automobiles, light trucks, motorcycles, and ATVs.
VEHICLE RENTAL/LEASING – MOVING TRUCKS. Establishments exclusively for renting or leasing trucks, vans, and trailers for moving furniture and other goods.
VEHICLE SERVICES – MAJOR REPAIR/BODY WORK. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, large appliances, commercial and industrial equipment and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes major repair and body work which encompasses towing, collision repair, other body work and painting services, and tire recapping.
VEHICLE SERVICES – MINOR MAINTENANCE/REPAIR. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Minor facilities providing limited repair and maintenance services. Examples include: car washes, attended and self-service; car stereo and alarm system installers; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping).
WETLANDS. Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This definition of wetlands is used by the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) since the 1970s for regulatory purposes in Section 404 of the Clean Water Act.
WHOLESALING AND DISTRIBUTION. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This does not include selling to the public. Examples of these establishments include: 1) Agents, merchandise or commodity brokers, and commission merchants; 2) Assemblers, buyers and associations engaged in the cooperative marketing of farm products; 3) Merchant wholesalers; 4) Stores primarily selling electrical, plumbing, heating, and air conditioning supplies and equipment.
WIRELESS TELECOMMUNICATIONS TOWER. A structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment, including but not limited to cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or any form or type of wireless communications or service, including but not limited to commercial radio, television, cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.
WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER). A Wireless Telecommunication Facility not located on a structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
YARD. The area between a building and the property line.
YARD, FRONT. The area between the Building Front and the front property line.
YARD, SIDE. The area between the side of a building and the side property line that extends from the building front to the rear-most part of the building.
YARD, REAR. The area between the rear of a building and the rear property line.
(Ord. passed 2-14-2017; Ord. 2020-05, passed 8-10-2019; Ord. 2022-06, passed 7-13-2021)