For the purpose of this chapter, the words have the meanings indicated:
APPLICANT. The legal of the to be developed for a who is responsible for submitting an for a and upon whom final responsibility for ensuring compliance with the terms and conditions of this chapter rests. For purposes of submission and review of an , an agent designated by the legal , in writing, will also be considered an APPLICANT.
APPLICATION. A application form, the and any other supporting documents.
BUILDING. Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of , animals or . Two connected by a common roof be considered as one (1) building, provided that the width of the connecting roof be at least 20% of the principal building width, but in no case less than 6 feet in width. The connection of two (2) by means of an open porch, breeze way or passageway without a roof, or with a roof less than 6 feet in width, not be deemed to make them one (1) building.
BUILDING, ACCESSORY. A detached subordinate to a main or for purposes customarily incidental to the main or principal and located on the same or therewith.
CERTIFICATE OF COMPLETION (COC). A document issued by the to a upon completion of the park, or thereof, which certifies that the park conforms to the requirements of this chapter. A CERTIFICATE OF COMPLETION is required in order to obtain set-up permits or other permits from the Henderson County Inspections Department.
COMMON AREA. Area set aside, dedicated or reserved for the use and enjoyment of residents of a . COMMON AREA include space for community , ponds, gardens, walking paths, outdoor play areas, swimming pools, ball fields, basketball courts, racquet courts, gazebos, picnic shelters, utility , and the like. Areas above subsurface or wells , in some cases, also be used as COMMON AREA. Land within required and areas, , exterior road rights-of-way, , parking spaces, common storage facilities, laundry rooms, mail delivery areas, model homes, solid waste disposal areas and areas needed for aboveground utility facilities, including water supply or , not be considered COMMON AREA.
DRIVEWAY. An area used for ingress or egress of vehicles and allowing access from an to no more than 2 .
DWELLING UNIT. A , or portion thereof, that provides complete and permanent living facilities for 1 . Also known as a UNIT.
EASEMENT. A grant by the of of the use of a strip of land for specified purpose and use by the public, a corporation or . EASEMENTS are typically granted (dedicated) for utility use and for ingress and egress such as a road easement, commonly referred to as a RIGHT-OF-WAY.
FAMILY. One or more living independently as a single housekeeping unit and using cooking facilities and certain rooms in common. A FAMILY not include a group occupying a boarding house, lodging house, club or fraternity house or similar dwelling.
LOT. A piece of land occupied or capable of being occupied by a or group of devoted to a common use, together with the customary accessories and open spaces belonging to same.
MAJOR PARK. Any consisting of 11 or more and/or spaces.
MANUFACTURED HOME. A single- residential dwelling built in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976). For purposes of this chapter, however, the term includes MOBILE HOMES (see definition below).
MANUFACTURED HOME PARK (PARK). A of land designed to accommodate 3 or more manufactured or spaces, 3 or more manufactured or or any combination of such for rent or lease. Notwithstanding the foregoing, parks which consist of no more than 10 and in which all of the provide or are intended to provide migrant housing subject to and in accordance with the Migrant Housing Act of North Carolina (G.S. §§ 95-222 et seq.) are specifically exempted from the terms of this chapter.
MANUFACTURED HOME PARK CONSTRUCTION PERMIT. A permit issued by the to a upon approval of a Permit by which certifies that the begin improvements to the park or site.
MANUFACTURED HOME PARK ORDINANCE ADMINISTRATOR (ADMINISTRATOR). An official or designated (s) of the Town of Mills River authorized to review and approve and plans for under the terms and conditions of this chapter. THE MANUFACTURED HOME PARK ORDINANCE ADMINISTRATOR be the Zoning Administrator.
MINOR PARK. Any consisting of 10 or fewer and/or spaces.
MOBILE HOME. A transportable, factory- built home, designed to be used as a single- residential dwelling and manufactured prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective on June 15, 1976.
OPERATOR. The responsible for the operation of a .
PHASE. A portion of a delineated on the .
PLAN, SITE DEVELOPMENT. A graphic representation or map of the of land to be developed for a indicating all proposed uses of land, improvements and other general and specific information as be required to fully disclose the ’s intentions.
RIGHT-OF-WAY. An for ingress and egress, such as a road . See EASEMENT.
ROADS, INTERNAL. Vehicular travelways located within a . INTERNAL ROADS be of 2 types: collector roads or service roads.
(1) INTERNAL COLLECTOR ROAD. An internal road which serves 25 or more units or spaces and serves as the most probable and convenient route to and from any external road or connected to the .
(2) INTERNAL SERVICE ROAD. An internal road which serves no more than to 24 units or spaces.
SEPARATION. The required minimum horizontal distance which must be reserved between the nearest vertical surface of a and the applicable line, , boundary line or other or structure in which no other structure be erected. However, for the purpose of this chapter, all structures attached to , including storage , carports, covered or open porches, covered or open decks and steps, not be counted when measuring separation requirements from . See also SETBACK, BUILDING.
SETBACK, BUILDING. The distance from an established boundary or other line defined in this chapter that establishes the buildable area on a and/or a . See also SEPARATION.
SEWAGE DISPOSAL SYSTEM. Any facilities for (sewage) collection, treatment and disposal. A SEWAGE DISPOSAL SYSTEM be of the types:
(1) APPROVED PUBLIC OR COMMUNITY SEWAGE SYSTEM. A single system of sewage collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a or municipality or a public utility constructed and operated in compliance with applicable requirements of the North Carolina Division of Environmental Management.
(2) MUNICIPAL SEWAGE DISPOSAL SYSTEM. An approved public or community sewage system which is owned and operated by a or municipality.
(3) SEPTIC TANK. A subsurface system consisting of a settling tank and subsurface disposal field.
SPACE, MANUFACTURED HOME. An area of land within a designed for the exclusive use of 1 manufactured or and associated . A space be defined on the ground by the presence of 2 or more of the :
(1) A service connection;
(2) A service connection; and
(3) Electric service equipment.
SPECIAL USE, MAJOR. A use that is not permitted by right, but is permitted after a review and finding by the that the use will meet all of the required general standards (see § 154.138) and the applicable specific site standards or site conditions.
STATE ROAD STANDARDS. Those standards contained in the NCDOT publication Subdivision Roads - Minimum Construction Standards, dated January 2010, as be amended.
STREET, EXTERNAL. Vehicular travelway located outside of a that abuts the .
STREET, MAJOR. An whose average daily traffic is greater than 4,000 vehicles per day.
STRUCTURE, ACCESSORY. See BUILDING, ACCESSORY.
TRACT. An area, site, piece of land or which is the subject of a development . A TRACT contain 1 or more smaller parcels or all in the same ownership or control.
UNIQUE NATURAL AREAS. An area that contains features sensitive to development and is listed in the publication titled “Natural Areas of Henderson County, A Preliminary Inventory of the Natural Areas of Henderson County, North Carolina,” by L.L. Gaddy, Ph.D., dated January 1994.
WASTEWATER. Any sewage or industrial process wastewater discharged, transmitted or collected from a residence, place of business, place of public assembly or other places into a sewage disposal (wastewater) system.
WATER SUPPLY SYSTEM. A system for the collection, treatment, storage and distribution of potable water from the source of supply to the consumer. A WATER SUPPLY SYSTEM be of the types:
(1) MUNICIPAL WATER SYSTEM. A public water system owned and operated by a local government.
(2) PRIVATE WELL WATER SUPPLY. Any water supply furnishing potable water to less than 15 residences or 25 .
(3) PUBLIC WATER SYSTEM.
(a) A system for the provision to the public of piped water for human consumption which serves 15 or more service connections or which regularly serves 25 or more individuals. The term includes:
1. Any collection, treatment, storage or distribution facility under the control of the of the system and used primarily in connection with the system.
2. Any collection or pretreatment storage facility not under the control of the of the system which is used primarily in connection with the system.
(b) A public water system is either a COMMUNITY WATER SYSTEM or a NONCOMMUNITY WATER SYSTEM as follows:
1. COMMUNITY WATER SYSTEM. A public water system which serves 15 or more service connections or which regularly serves at least 25 -round residents.
2. NONCOMMUNITY WATER SYSTEM. A public water system which is not a community water system.
WATERSHED ADMINISTRATOR. An official or designated of Henderson County responsible for the administration and enforcement of the Water Supply Watershed Protection Ordinance for Henderson County.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2016-04, passed 7-28-2016; Am. Ord. 2021-03, passed 3-25-2021)