For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except as defined in this section or in other sections of this chapter, all words used in this chapter shall have their customary dictionary definition.
(A) Interpretation of commonly used terms and words.
LOT. Includes the words PLOT, PARCEL and TRACT.
MAP, ZONING MAP or LITTLETON ZONING MAP. The official zoning map of Littleton, North Carolina.
STRUCTURE. Includes the word BUILDING.
USED. As applied to any land or building, shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED.
(B) Definitions of commonly used terms and words.
ABUTTING. The property directly touches another piece of property.
ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure.
ADULT ESTABLISHMENT. Any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing or related to anatomical areas and sexual activities specified in G.S. § 14-202.10, including but not limited to an adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment businesses or massage businesses in which a person performing the massage does so while exhibiting anatomical areas specified in G.S. § 14-202.10 or in which the massage involves the intentional stimulation of those specified anatomical areas.
ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side properties otherwise abutting on a street.
BUFFER STRIP. A strip which shall be a minimum of 16 feet in width, shall be composed of evergreen bushes, shrubs and/or trees so that at least two rows of coverage are provided from the ground to a height of six feet within six years and foliage overlaps, or a barrier constructed of stone, block, brick or other suitable building material, with a minimum height of five feet. The 16 feet required for the BUFFER STRIP shall be in addition to all normal yard requirements this chapter.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.
BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the height level between the eaves and ridge of a gable, hip or gambrel roof.
COMMERCIAL ADULT AMUSEMENT BUILDING. Any building that includes more than two commercial adult game machines, or which offers or provides any prize, money or other thing of value to any commercial adult game machine user.
COMMERCIAL ADULT GAME MACHINE. Any lawful electronic device used for commercial purposes that is designed to simulate gambling or a game of chance and which is marketed primarily for adults. Without limitation, common examples include video poker, blackjack, Texas Hold ‘Em, 7-card Stud, Omaha and craps.
COMMERCIAL CHILD GAME MACHINE. Any lawful electronic device used for commercial purposes that is designed as an amusement game, marketed primarily for children and young adults, involves skill or dexterity, is not a game of chance, and which is commonly found in video arcades. Without limitation, common examples include Pac-Man, Super Mario Brothers, Space Invaders and Donkey Kong. Provided, that no money may be awarded to any user of a COMMERCIAL CHILD GAME MACHINE.
COMMUNITY SHELTER. A building used by a government agency or a nonprofit organization to provide a temporary residence and related services to the homeless, victims of domestic violence and others deprived of safe living quarters. A COMMUNITY SHELTER also may be used for meetings, classes, workshops or similar activities related to the shelter’s mission, and may serve as offices and residence for individuals providing services related to the shelter.
CONDOMINIUM. A project meeting the requirements of G.S. §§ 47A-1 et seq. The type of structure and use rather than condominium form of ownership shall be the determining factor in deciding whether a use is permitted in a district.
DISH ANTENNA (or EARTH STATION). An accessory structure and shall mean a combination of antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; a low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and a coaxial cable whose purpose is to carry the signals into the interior of the building.
DISH ANTENNA (or EARTH STATION) HEIGHT. The distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.
DISH ANTENNA (or EARTH STATION) SETBACK. The distance measured from the center mounting post supporting the antenna.
DWELLING. As defined by G.S. § 160D-102(15).
DWELLING, MULTI-FAMILY. A building arranged to be occupied by more than two families, the building having more than two dwelling units, but excluding mobile homes and town houses.
DWELLING, SINGLE-FAMILY. A building arranged to be occupied by one family, the building housing only one dwelling unit, but excluding mobile homes and town houses.
DWELLING, TWO-FAMILY. A building arranged to be occupied by two families, the building having two dwelling units, but excluding mobile homes and town houses.
DWELLING UNIT. A building or portion thereof designed, arranged and/or used as living quarters for one or more persons as a single family, with cooking facilities, excluding units in rooming, boarding and tourist houses, family or group care homes or hotels or motels or other buildings designed for transient residence.
FAMILY. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding five living together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a FAMILY, as shall a foster care home approved by the state.
FLOOR AREA, GROSS. The number of square feet of total floor area bounded by the exterior faces of a structure, plus the number of square feet of unenclosed space devoted to the conduct of the use, excluding basement and unenclosed porches, balconies and terraces, unless used in conjunction with the use, such as for outdoor eating, merchandising, storage, assembly or similar uses and excluding off-street parking and loading areas.
HOME OCCUPATION. An incidental use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or service. The term HOME OCCUPATION shall not be deemed to include a tourist home.
JUNKYARD. The use of more than 600 square feet of any lot or tract for the outdoor storage and/or sale of waste paper, rags, scrap metal or other junk, including the storage of automobiles or other vehicles or dismantling of vehicles or machinery or parts thereof.
KENNEL. An establishment for the keeping or breeding of dogs for profit.
LOT. A single lot of record, or more than one contiguous lot of record in the same ownership, which lot or lots of record are not divided by any street or public alley, and excluding any part of a lot or lots of record which, when severed from the contiguous land in the same ownership, creates a nonconformity or a lot or parcel which does not meet the dimensional requirements of this chapter.
LOT, CORNER. A lot which occupies the interior angle at the intersection of two or more right-of-way lines. A lot abutting on the right-of-way of a curved street (or street) shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
LOT COVERAGE, MAXIMUM IN PERCENT. The maximum percent of the lot which may be covered with structures. All yard requirements must be met in addition to lot coverage requirements.
LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear. On lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code, the foremost points of the side lot lines shall be measured at the place where the access strip joins the main portion of the lot.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Register of Deeds of the county or lot described by metes and bounds the description of which has been so recorded.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided however, that width between side lot lines at their foremost points (where they intersect the right-of-way line, or for lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code, at the place where the access strip joins the main portion of the lot) shall not be less than 80% of the required lot width, except in the case of the turning circle of cul-de-sacs where the 80% requirement shall not apply.
MOBILE HOME. As defined by G.S. § 143-145(7). A dwelling meeting the above definition shall be considered a MOBILE HOME, even if placed on a permanent foundation. MOBILE HOMES less than 28 feet wide (commonly referred to as single wide mobile homes) are prohibited.
MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for these accommodations.
MODULAR HOME. A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the state’s Residential Building Code, and bears a seal or label as provided in G.S. § 143-139.1.
NET ACREAGE, ACRES, LAND AREA, SQUARE FOOTAGE OF LAND AREA. Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses, and major transmission line easements not included in its measurement.
PRINCIPAL BUILDING, USE OR STRUCTURE. The main use of a lot or the building or structure in or on which the main use of the lot takes place.
PUBLIC USE. A public use is a building owned or operated by a public entity, including but not limited to emergency services, government services and public parks and recreation facilities.
RESTAURANT. An establishment whose primary purpose is serving meals to patrons. In order to qualify as a RESTAURANT, the establishment must provide indoor dining room seating to accommodate at least 20 patrons, and must provide indoor restrooms sufficient to accommodate its patrons.
RESTAURANT, DRIVE-IN or TAKE-OUT. Any restaurant which makes provision for curb service, outdoor service or a drive-in window, or any restaurant more than 10% of whose average daily customers take their food or beverages out of the restaurant.
RESTAURANT, INDOOR. Any restaurant except a drive-in or take-out restaurant.
RIGHT-OF-WAY, STREET. Strip of land owned publicly or privately, which affords the principal means of access to abutting property.
ROOF LINE. The top edge of the roof or the top edge of the parapet, whichever forms the top line of the building silhouette, but not including penthouses or equipment structures.
SHOPPING CENTER. Two or more commercial establishments planned and constructed, as a single unit with off-street parking and loading facilities provided on the property.
SIGN. Any outdoor letter, symbol, number, trademark or other form of publicity or combination of these as well as the surface on which they are painted or to which they are attached, and any background material, coloring, shapes or other trim shall be considered a SIGN, unless entirely enclosed by a fence or wall so that the above items and any structure or lighting attached to or accessory to them cannot be seen off the premises on which they are located. Works of fine art which in no way identify or advertise a product or business shall be excluded from this definition.
SIGN AREA.
(a) The area of the smallest regular polygon composed of eight lines or less, circle, half-circle, ellipse or combination thereof, which will encompass the entire sign, excluding the base or apron, supports or other structural members unless some part of the message appears on them, in which case they shall be included.
(b) Where symbols, letters or numbers are attached separately to a structure, including a sign structure or to separate surfaces, the area between the separate items or letters, whether open or solid, shall be computed as part of the sign area.
(c) The total SIGN AREA for a double-faced sign shall be measured on the largest face of the sign. Where three-dimensional figures are used as signs, the largest dimensions of the figure shall be projected on a vertical plane and measured in the standard manner.
SIGN, HEIGHT. The vertical distance measured from the adjacent street grade or from the ground on which it rests, whichever allows the sign the greatest height, to the top of the sign. Types of signs are as follows:
(a) GROUND SIGN. A sign erected on a freestanding frame, mast and/or pole and not attached to any building, fence or wall.
(b) IDENTIFICATION SIGN. A sign which contains any or all of the following: the name of the occupants, owner or establishment; the type of establishment; the name of the franchise; the hours of operation; and house number, when located on the site of the establishment.
(c) OFF-SITE ADVERTISING SIGN (BILLBOARD). A sign which contains information about an establishment, business, commodity, activity or service not conducted, sold or offered upon the premises where the sign is located and not otherwise allowed in Table of Permitted Signs, § 153.130 of this code and which is not specifically regulated in Table of Permitted Signs as a directional sign to churches, meeting halls, civic clubs or garage sales, or as a temporary sign.
(d) ON-SITE ADVERTISING SIGN. A sign which contains information about an establishment or the products or services that it offers, other than that contained in an identification sign, when located on the same site as the establishment to which it refers.
(e) PROJECTING SIGN. A sign which extends beyond and is attached to a building wall and may extend over a public right-of-way.
(f) ROOF SIGN. A sign attached to and extending upward from the roof of the structure.
(g) TEMPORARY SIGN. A sign which notifies the public of special events, grand openings or other significant, temporary occurrences, not of a recurring nature. A TEMPORARY SIGN may be constructed of any suitable material; however, any sign constructed of other than a self-supporting material (i.e., wood, metal and the like) except as otherwise permitted in this chapter, shall be considered temporary.
(h) WALL SIGN. A sign which is attached flat to the wall or facade of a building, or to a fence or wall.
SOLAR COLLECTION SYSTEM. One or more panels or other solar energy devices principally used as an accessory use, the primary purpose of which is to provide for the non-commercial collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, fences, signs and swimming pools.
TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating the units.
VARIANCE. A relaxation of the terms of this chapter under the specific conditions set forth in § 153.078(B) of this code.
YARD. An open space on the same lot with a principal structure or use unobstructed and unoccupied by any structure or portion thereof or parking or loading area, except as provided in this chapter.
YARD, FRONT. A yard extending the full width of the lot and situated between the right-of-way line and the front line of the principal structure or use projected to the side lines of the lot. Depth of required FRONT YARDS shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines in the case of rounded property corners at street intersections shall be assumed to be the point at which the side and front lines would have met without the rounding. The foremost points of the side lot line in the case of lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 153.015 of this code shall be measured at the place where the access strip joins the main portion of the lot. However, nothing may be placed in the access strip that is not permitted by this chapter to be placed in a FRONT YARD. Front and rear yard lines shall be parallel.
YARD, REAR. A yard extending the full width of the lot and situated between the rear line of the lot and the principal structure or use projected to the side lines of the lot.
YARD, SIDE. A yard extending along either side of a lot measured from front yard line to rear yard line and lying between the side lot line and the principal structure or use on the lot.
ZONING ADMINISTRATOR. The official charged with the enforcement of this chapter.
(Ord. passed 7-12-2004; Ord. passed 8-8-2005; Ord. 2009-05, passed 8-17-2009; Ord. 2009-07, passed 8-17-2009; Ord. 2010-03, passed 7-19-2010; Ord. 2012-01, passed 4-16-2012; Ord. 2013-02, passed 4-15-2013; Ord. 2013-08, passed 9-16-2013; Ord. 21, passed - -)