For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING AND USE. A subordinate building or use, the use of which is incidental to that of the principal building or use on the same lot with a foundation.
ACCESSORY STRUCTURE. As it pertains to § 151.016, a structure without a foundation which may be moved.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADMINISTRATOR, ZONING. The person or his or her authorized representative, whom the Town Commissioners have designated as its agent for the administration and enforcement of these regulations.
ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ATTACHED STRUCTURES. Structures having a common wall and a continuous roof similar in architectural and aesthetic construction. The roofs need not be on the same plane and the buildings will have open space on two or more sides of each unit.
BANNER. A sign made of wind and weather resistant cloth or other lightweight material, intended to hang either with or without frames or in some manner as not to be wind activated, and possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. Flags shall not be considered banners.
BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
BEDROOM. A habitable room designated as sleeping or bedroom on the plans and permit application.
2024 S-10
BILLBOARD. A sign structure and/or sign utilized to display a commercial message or provide commercial advertising for an establishment, an activity, a product, service, or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign and/or sign structure is located.
BLISTER UNIT. A storage unit attached to the outside of a principal building. This unit forms a part of the principal building when measuring for any required separations or setbacks.
BLOCK. A piece of land bounded on one or more sides by streets or roads.
BOARD OF COMMISSIONERS or TOWN BOARD or TOWN COMMISSIONERS. The Board of Commissioners of the Town of Minnesott Beach, North Carolina.
BOARDING HOUSE. A building dedicated to the lodging or feeding or both of non-transient persons for compensation.
BUFFER STRIP. A planted strip of land which shall be a minimum of 16 feet in width and shall be composed of evergreen bushes, trees and/or shrubs so that at least two rows are provided from the ground to a height of six feet within six years and foliage overlaps within six years.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING LINE. The line beyond which a structure does not extend. Eaves are excluded from this definition.
BUILDING SETBACK LINE. 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.
CAMPS. A parcel or parcels of land with permanent buildings, tents or other structures together with appurtenances thereon, owned and operated by a non-profit or governmental entity as a recreational, learning and/or religious center, where available activities may include, but are not limited to, riding, swimming, tennis, hiking, boating, crafts and the like. CAMPS may provide sleeping and eating quarters or may be intended for day use only. The term CAMP shall not include facilities for manufactured homes or recreational vehicles.
CHURCH, CLUB or PRIVATE LODGE. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a non-profit basis for the benefit of its members.
COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. § 160D-501.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
2024 S-10
CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets 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.
CUL-DE-SAC. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.
CUTOUTS. Part of an outdoor advertising sign which extends beyond the edge or border of the sign; sometimes called a TOP-OUT or EXTENSION.
DECISION MAKING BOARD. A governing board, Planning Board, Board of Adjustment, Historic District Board, or other Board assigned to make quasi-judicial decisions under this chapter.
DEDICATION. A gift, by the owner, or a right to use of 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.
DELTA PRODUCTS. All products containing chemically modified or synthetically derived tetrahydrocannabinol (“THC”) or THC isomers, including, but not limited to, Delta-8 THC, Delta-9 THC, and Delta-10 THC, originating from hemp or products derived from hemp, such as cannabidiol (“CBD”). The term DELTA PRODUCTS shall not include products containing Delta-9 THC concentrations exceeding three-tenths of one percent (0.3%) on a dry weight basis.
DETENTION. Surface collection, storage and distribution of storm water runoff for the purpose of compensating for increased runoff volume and decreased travel time associated with an increase in impervious surfaces, and to allow for the setting-out of pollutants borne by the runoff.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT.
(1) Any of the following:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure;
(b) The excavation, grading, filling, clearing, or alteration of land;
(c) The subdivision of land as defined in G.S. § 160D-802; or
2024 S-10
(d) The initiation or substantial change in the use of land or the intensity of use of land.
(2) This definition does not alter the scope of regulatory authority granted by this chapter.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this chapter, or a local act or charter that regulates land use or development.
DISTRICT, ZONING. A section of the town within which the zoning regulations are uniform.
DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts, also referred to as THROUGH LOTS.
DWELLING. A building that contains a dwelling unit used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
DWELLING, MULTI-FAMILY. A building that contains three to four dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by three or more families.
DWELLING, SINGLE-FAMILY. A building that contains one dwelling unit used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one family only.
DWELLING, TWO-FAMILY. A building that contains two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by two families only.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this chapter.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit; but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a FAMILY or FAMILIES.
FAMILY CARE HOME. 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 disabled persons.
FLAG. Any fabric or bunting containing distinct colors, patterns, or symbols, used as an ornamental flag or as a symbol, or for decorative purposes, that does not contain a commercial message, and that is displayed on a flagpole.
FLAGPOLE. A pole on which to raise or display a flag.
FRONTAGE. The distance between the two side lot lines as measured along the right-of-way line of an adjoining street.
FRONTAGE ROAD. A local street or road that is parallel to a full or partial access control facility and functions to provide access to adjacent land.
GOVERNING BOARD. The City Council or Board of County Commissioners. The term is interchangeable with the terms "Board of Aldermen" and "Boards of Commissioners" and means any governing board without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage.
G.S. § 47-30. The current version of G.S. § 47-30 titled Plats and Subdivisions; Mapping Requirements.
HALF-STREET. A street whose centerline coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat.
HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11).
HEATED LIVING AREA. Areas normally occupied as living quarters and having headroom of at least six feet.
2024 S-10
HEMP. The plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
HOME OCCUPATION. An occupation for gain or support customarily conducted on the premises by a person or family residing thereon.
HOTEL. A commercial structure in which sleeping accommodations are provided and offered to transient visitors for compensation.
INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
JUNK YARD. Use of property for indoor/outdoor storage, abandonment or sale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel, materials and equipment or for the dismantling, demolition or abandonment of automobiles and boats or other vehicles or machinery or parts thereof.
KENNELS. An establishment for the breeding or boarding of dogs.
KRATOM. Any substance containing mitragynine and/or 7-hydroxymitragynine.
LANDOWNER OR OWNER. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LOCAL RESIDENTIAL STREET. Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and do not collect traffic from more than 100 dwelling units.
LOT. A parcel of land which fronts on and has ingress and egress by means of a public right-of-way and which is occupied or intended to be occupied by a building or groups of buildings as provided herein with the customary accessories and open spaces. Also, a portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development, or both.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. A lot, which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of the county, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the building line.
2024 S-10
MANUFACTURED HOME. (As defined in G.S. § 143-145(7)) is a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. MANUFACTURED HOME includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, MANUFACTURED HOME also means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME shall not include a modular home as defined herein/but shall include an on-frame manufactured home as defined herein. See § 151.197(E).
MANUFACTURED HOME PARK. Any tract of land maintained, offered or used for the parking of two or more manufactured homes and the intent is for living or sleeping purposes.
MODULAR HOME. A dwelling unit, constructed in accordance with the standard set forth in the State Building Code, composed of components assembled in a manufacturing plant and meeting the following additional standards:
(1) Assembled on a permanent foundation consisting of continuous perimeter weight-bearing foundation with storm ties embedded;
(2) Permanent underpinning of solid masonry;
(3) Permanent interior foundation support of solid masonry or its equivalent;
(4) Permanent under house vents and egress access;
(5) Permanent steps and/or stoops to all exterior entries;
(6) Roofing surface of materials other than sheet goods; and
(7) An exterior siding of wood, masonry, vinyl or other non-metal construction.
MOTEL. A commercial structure with at least one off-street parking space provided for every unit, in which sleeping accommodations are provided or offered to transient visitors for compensation.
MULTI-FAMILY DWELLING. A building or structure that is designed to house several different families in separate housing units. The most common type of multifamily housing is an apartment building. Duplexes, quadraplexes, condominiums, and town homes also qualify as multifamily housing. The entire building or structure may be owned by an individual, an entity, or, as is the case with condominiums and townhomes, by individuals who have purchased units.
NONCONFORMING USES. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this ordinance, or as a result of subsequent amendments to this ordinance.
NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
OFFICIAL MAP OR PLANS. Any maps or plans officially adopted by the Town Commissioners.
ON-FRAME MANUFACTURED HOME.
(1) A dwelling unit, constructed in accordance with the standard set forth in the State Building Code, composed of components assembled in a manufacturing plant, transported to its site on a permanent chassis and meets the following additional standards:
(a) Assembled on a permanent foundation consisting of a continuous perimeter weight bearing foundation with storm ties embedded;
(b) Permanent underpinning of solid masonry;
(c) Permanent interior foundation support of solid masonry or its equivalent;
(d) Permanent under house vents and egress access;
(e) Permanent steps and/or stoops to all exterior entries;
(f) Roofing surface of materials other than sheet goods; and
(g) An exterior siding of wood, masonry, vinyl or other non-metal construction.
(2) See definitions of manufactured home.
OPEN SPACE. An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment in its unaltered state.
OUTDOOR ADVERTISING SIGN. Any sign, either freestanding or attached to a structure, which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises on which the sign is displayed.
2024 S-10
PENNANT. Any series of small flag-like or streamer-like pieces of cloth, plastic, paper, or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
PERMANENT SIGN. Any sign which, when installed, is intended for permanent use. Any sign with an intended use in excess of 12 months from date of installation shall be deemed a permanent sign.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area defined in Part 2 of Chapter 160D within which a city or county may undertake planning and apply the development regulations authorized by this chapter.
PLANNING BOARD. Any Board or Commission established pursuant to G.S. § 160D-301.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PRINCIPAL USE. The principal purpose for which a lot or the main structure thereon is designed, or intended, and for which it is or may be used, occupied or maintained.
PRINCIPAL USE SIGN. A sign which directs attention to a business commodity, service, entertainment or other activity, conducted, sold or offered on the premises upon which the sign is located.
PROPERTY. All real property subject to land-use regulation by a local government. The term includes any improvements or structures customarily regarded as a part of real property.
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 county or municipality or a public utility.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
RECREATION AREA OR PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various human-made features that accommodate the activities.
RESIDENTIAL COLLECTOR STREET. A local access street, which serves as a connector street between local residential streets and the thoroughfare system. RESIDENTIAL COLLECTOR STREETS typically collect traffic from 100 to 400 dwelling units.
RETENTION. Surface collection, storage and reduction of storm water runoff for the purpose of providing infiltration of runoff into the soil.
REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot, an interior lot or a through lot.
SERVICE STATION. A building or lot dedicated to the rendering of services such as the sale of gasoline, oil, grease and accessories and the minor repairs of automobiles such as tune-ups, brake adjustments and tire changes excluding body working, overhauling and painting.
SETBACK LINE. The line on the front, rear or sides of a lot, set according to the zoning district regulations, which delineates the area upon which a structure may be built and maintained.
SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of this subchapter: artwork, cemetery markets, machinery or equipment signs, lighting used to accommodate architectural or landscaping features, and holiday and seasonal decorations.
SIGN, A-FRAME. A portable sign using an upright, rigid supporting frame in the form of a triangle or an inverted “V” style of framing to support the sign.
SIGN, ANIMATED. A sign that includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
SIGN AREA. The area of signs composed in whole or in part of freestanding letters, devices or sculptured matter not mounted on a measurable surface shall be construed to be the area of the least square, rectangle or circle that will enclose the letters, devices and/or sculptured matter. The area of a double-faced sign shall be the area of one face of the sign, provided that two faces are of the same size and are parallel to one another.
SIGN, CANOPY. A sign that is a part of or attached to a structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy sign.
SIGN, CHANGEABLE COPY. A sign designed so that letters, numbers, symbols and other similar characters attached to the sign can be changed manually in the field to indicate a different message.
SIGN, DIGITAL. A sign capable of displaying words, symbols, or images that can be electronically or mechanically changed by remote, automatic, or electrical means.
SIGN, DISCONTINUED. A sign or sign structure whose owner has failed to operate and maintain said sign or sign structure for a period of 90 days or longer. The following conditions shall be considered the failure to operate or maintain a sign or sign structure:
(1) A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer operating;
(2) A sign which is blank; or
(3) A sign or sign structure which has fallen into disrepair so that the sign or sign structure is illegible or unstable.
SIGN, ELECTRONIC CHANGEABLE MESSAGE. An electronically-activated sign or any portion thereof whose message content of display, either whole or in part, may be changed by means of electrical, electronic or computerized programming; an ELECTRONIC CHANGEABLE MESSAGE SIGN includes a sign or any portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. An ELECTRONIC CHANGEABLE MESSAGE SIGN includes a digital sign. Drive-through lane signs shall not be considered electronic changeable message signs.
SIGN, FEATHER. A sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign is usually shaped like a sail or feather, and attached to the pole support on one vertical side.
SIGN, FLASHING. A sign which permits light to be turned on or off intermittently more frequently than once per minute, or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign.
SIGN, HOLOGRAPHIC DISPLAY. A sign or advertising display that creates a three-dimensional image through projection, OLED (organic light emitting diode), or any similar technology.
SIGN, INTERMITTENT. A sign which permits light to be turned on or off intermittently more frequently that once every 12 hours or which is operated in a way whereby light is turned off or on intermittently or which varies in intensity or color more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity or color at all times when the sign is in use, including but not limited to an LED (light emitting diode) or digital sign.
2024 S-10
SIGN, MACHINERY or EQUIPMENT. A sign incorporated into machinery or equipment by a manufacturer or distributor, that functions only to identify or advertise the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.
SIGN, MOVING. Any sign in which the sign itself or any portion of it physically moves or revolves.
SIGN, NEON. Any electric discharge tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting, or other decorative elements, and filled with various inert gases.
SIGN, OFF-SITE. Any sign that is used to attract attention to an object, person, product, institution organization, business, service, event, or location that is not located on the premises upon which the sign is located. This shall not include traffic, directional, or regulatory signs or notices by a federal, state, county, or municipal government agency.
SIGN, OUTDOOR ADVERTISING. See BILLBOARD.
SIGN, POLE. Any sign which is mounted on a free-standing pole or poles, or other support structure such that the bottom edge of the sign face is 42 inches or more above the adjacent grade or roadway crown height.
SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way.
SIGN, SCROLLING. A sign that, by mechanical or electronic means, displays a message that moves up or down, or across a display screen or surface.
SIGN, SNIPE. A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to or placed on public property such as, but not limited to, a public utility pole, a public street sign, a public utility box, a public fire hydrant, a public right-of-way, public street furniture, or other public property; except for A-frame signs that are temporarily placed on public property under such limitation and constraints as may be set forth in this chapter.
SIGN, SUSPENDED. A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
SIGN, TEMPORARY. A sign intended for use not permanent in nature. For the purposes of this chapter, a sign intended for use of one year or less, unless otherwise allowed in the sub chapter for signs, shall be deemed a temporary sign.
2024 S-10
SIGN, WALL. Any sign painted on or attached to and extending not more than six inches from an exterior wall in a parallel manner.
SIGN, WINDBLOWN. A sign which uses objects or materials fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons; however, the term windblown shall not include flags.
SIGN, WINDOW. Any sign painted on, attached to, or displayed in a window so as to direct attention of persons outside the building to a product or activity on the premises.
SINGLE FAMILY ATTACHED DWELLING. Housing units that share one or more common walls with dwelling(s) on one or more sides. Synonymous with "Townhouse" or "Row House." SINGLE- FAMILY ATTACHED DWELLING is a subset of TWO-FAMILY DWELLING or MULTI-FAMILY DWELLING.
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 scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SPECIAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. These uses may be permitted in the zoning districts as a SPECIAL USE, if specific provision for SPECIAL USES is made in this UDO and only after the Board of Adjustment has granted approval.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
2024 S-10
STABLE. A building in which domestic animals are sheltered and fed.
STREET. A thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley.
STRUCTURE. Anything constructed, placed or erected, the use of which requires location on the land, or attachment to something having a permanent location on the land. The term STRUCTURE includes buildings, manufactured homes, walls, signs, swimming pools and fallout shelters.
2024 S-10
STRUCTURAL ALTERATIONS. Any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION.
(1) The division of land for the purpose of sale or development as specified in G.S. § 160D-802.
(2) For the purposes of this Unified Development Ordinance, SUBDIVISION means all divisions of a tract or parcel of land into two 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 dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to any regulations enacted pursuant to this ordinance:
(a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in this ordinance;
(b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or opening of streets; and
(d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in this ordinance.
(e) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.
SUBDIVISION REGULATION. A subdivision regulation authorized by Article 8 of G.S. Ch. 160D.
TEMPORARY SIGNS. A sign permitted for a period not exceeding 12 months including “for sale,” “for rent,” real estate agent’s name, construction company’s name, subcontractor’s name and architect’s and planner’s name.
VARIANCE. A relaxation of the terms of the this ordinance, where the variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and
undue hardship. As used in this ordinance, a VARIANCE is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
YARD. A required open space unoccupied and unobstructed by any structure or portion of a structure from ground upward, except as provided herein.
YARD, FRONT. A yard extending across the front of a lot measured from side lot line to side lot line and lying between the abutting street right-of-way and the front building setback line.
YARD, REAR. A yard extending across the rear of the lot from side setback line to side setback line and lying between the rear property line and the rear building setback line.
YARD, SIDE. A yard extending along either side of a lot from front setback line to rear property line and lying between the side property line and the side setback line.
ZONING MAP AMENDMENT OR REZONING. An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes: (i) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations; and (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include: (i) the initial adoption of a zoning map by a local government; (ii) the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction; or (iii) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.
ZONING REGULATION. A zoning regulation authorized by Article 7 of G.S. Ch. 160D.