For the purpose of interpreting this article, certain words and terms used in this article are defined as follows. Except as defined herein, all other words used in this article shall have their usual, customary dictionary meaning.
ABANDONED.
(1) A use shall be deemed to be abandoned when:
(a) The use is physically and objectively discontinued [other than in association with the settlement of an estate or for any use which is seasonal in nature];
(b) The premises are devoted to another use; or
(c) The characteristic equipment and furnishings of a non-conforming non-residential use have been physically removed from the premises and have not been replaced by the same or similar equipment within 30 days.
(2) All of the above events are considered abandonment, regardless of the intent of the owner, lessee or occupant and regardless of any circumstances beyond the control of the parties that prevent continuation of the use.
ABATTOIRS. A facility used for slaughtering and processing of animals and the refining of their byproducts.
ABUTTING PROPERTIES. Having common property boundaries or lot lines which are not separated by a street, alley or other vehicular right-of-way such as a railroad.
ACCESSORY DWELLING UNIT. See DWELLING UNIT, ACCESSORY, ATTACHED; DWELLING UNIT, ACCESSORY, DETACHED.
ACCESSORY STRUCTURE. See STRUCTURE, ACCESSORY.
ACCESSORY STRUCTURE OR USE. A use or structure that is customarily or typically subordinate to and serves a principal use or structure; is clearly subordinate in area, extent or purpose to the principal use or structure served; and is located on the same lot as the principal use or structure. The structure must meet State Building Code requirements. This term shall include swimming pools, satellite dishes, and pre-constructed buildings built specifically for storage and/or other accessory uses.
ACCESSORY USE. See USE, ACCESSORY.
ADAPTIVE REUSE. The rehabilitation, reconstruction or renovation of existing buildings or structures for any use other than its current use.
ADJACENT. This term shall mean anything that is contiguous or abutting with the assumption that railroads, roads and other rights-of-way do not exist.
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. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADULT ESTABLISHMENT. Any principal or accessory structure or use of land which meets the definition of adult establishment as set forth in G.S. §§ 14-202.10 et seq. and the Town Code of Ordinances, but excluding massage therapy.
AGRICULTURAL INDUSTRY. Commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial plant production (not retail nurseries) on more than two acres, commercial fish or poultry hatcheries and other similar activities.
AIRPORT. Landing fields, parking and service facilities, passenger and baggage terminals and related facilities for the operation, service, fueling, repair, storage, charter, sales and rental of aircraft. The word "aircraft" shall include fixed-wing as well as rotary-wing craft.
ALLEY. A service way providing a secondary means of public access to abutting property.
ALTERATION. A change in the size, configuration or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing use.
AMATEUR RADIO ANTENNA. Any tower and/or antenna owned and operated by an amateur radio operator for "amateur service," as that term is defined by 47 C.F.R. § 97.3(a)(4). Said towers and antennas must be used only for noncommercial purposes and must be 50 feet tall or less. For the purposes of this chapter, any antenna not meeting this definition shall be deemed a WIRELESS TELECOMMUNICATIONS FACILITY. This use does not include towers and antennas owned or operated by a government agency.
AMENDMENT. Any change by the Town Board to the text of these regulations or the official zoning maps.
AMORTIZATION. A provision requiring a non-conformance to either become conforming or be removed within a set period of time, otherwise known as the amortization period.
AMUSEMENT, COMMERCIAL INDOOR. Any business establishment which is primarily engaged in providing an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal use to the general public, but does not include indoor motion picture theaters.
AMUSEMENT, COMMERCIAL OUTDOOR. Any business establishment which is primarily engaged in providing an amusement activity such as a miniature golf course, skateboard course, water slide, mechanical ride, par 3 golf course, golf driving range or go-cart course, fish ranch or similar activity to the general public, but does not include outdoor motion picture theaters, raceways, drag strips or motorcycle courses.
ANTENNA. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
ANTENNA ELEMENT REPLACEMENT. The replacement of any part or all an antenna or antenna array with a model of the same manufacturer and model type or close specification.
APPLICABLE CODES. The N.C. State Building Code uniform fire, building, electrical, plumbing or mechanical codes adopted by a recognized national code organization together with state, Davie County or Town of Mocksville amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
APPLICANT. Any person seeking approval under these regulations for any form of development or use of land.
ARCHITECT. A person licensed to practice architecture in the state.
ARENA. A structure or facility designed and intended to be used primarily for athletic events and containing seating for spectators of those events, but not including a raceway or drag strip.
ARTIFICIAL OBSTRUCTION. Any object or material which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of a stream.
ARTS AND CRAFTS STUDIO. The creation of objects in a studio, made one at a time, by hand. The creation includes, but is not limited to, woodworking, tinsmithing, silversmithing, pottery throwing, glass blowing, painting, weaving, caning, metal working and sculpting.
ASPHALT AND CONCRETE PLANT AND CONTRACTORS. A facility preparing asphalt and/or concrete mixtures for street and driveway paving, including contractors engaged in asphalt and/or cement work. This definition includes only those uses in the following NAICS group(s):
2357 | Concrete Contractors |
324121 | Asphalt Paving Mixture and Block Manufacturing |
AUTOMATIC TELLER MACHINE. A type of banking and financial services with automated or self-service banking features with no staff or personnel provided.
AUTOMOTIVE REPAIR. See MOTOR VEHICLE REPAIR AND MAINTENANCE.
AWNING. A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
BANKING AND FINANCIAL SERVICES. A facility engaged in deposit banking or extending credit in the form of loans. This definition includes only those uses in the following NAICS group(s):
5221 | Depository Credit Intermediation |
5222 | Non-depository Credit Intermediation |
BASE STATION. A station at a specific site authorized to communicate with mobiles stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.
BED AND BREAKFAST ESTABLISHMENT. An owner-occupied residential building providing rooms for temporary overnight lodging and meal(s) for more than three, but not more than eight, guests on a paying basis.
BEDROOM. A fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window and closet.
BERM. An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
BEST MANAGEMENT PRACTICES (BMPS). (Applies only to the Watershed Overlay District.) A structural or non-structural management-based practice used singularly or in combination to reduce non-point source input to receiving waters in order to achieve water quality protection goals.
BEST MANAGEMENT PRACTICES, NON-STRUCTURAL. Non-structural BMPs are non-engineered methods used to control the amount of non-point source pollution. These may include land-use controls and vegetated buffers.
BEST MANAGEMENT PRACTICES, STRUCTURAL. Structural BMPs are engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from the water supply.
BOARDING OR ROOMING HOUSE. An owner-occupied dwelling or part thereof, in which lodging is provided to more than three, but not more than eight, paying guests on a weekly or longer basis and where the rooms rented neither individually nor collectively constitute separate dwelling units.
BONA FIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-903.
BROADCAST STUDIO. An establishment primarily engaged in providing two-way radio/telephone communication services, telephone voice and data communications, telegraph services, radio and television broadcasting or cable and other pay television services, but excluding those uses classified as utilities. This definition includes only those uses in the following NAICS group(s):
5131 | Radio & Television Broadcasting |
BUFFER. (See also SCREENING.) A strip of land with natural or planted vegetation, located between a structure or use and a side or rear property line, intended to spatially separate and visually obstruct the view of two adjacent land uses or properties from one another. A BUFFER AREA may include any required screening for the site.
BUILD-TO LINE. A line extending through a lot which is generally parallel to the front property line and marks the location from which the principle vertical plane of the front building elevation must be erected; intended to create an even building facade line on a street. The BUILD-TO LINE is established on the record plat (final plat).
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING AREA. The area of a zoning lot remaining after the minimum setback requirements of this article have been satisfied.
BUILDING CONTRACTORS, GENERAL. An establishment providing general contracting and/or building construction services for residential, farm, industrial or commercial uses and which typically does not involve outdoor storage of machinery or equipment. This definition includes only those uses in the following NAICS group(s):
2351 | Plumbing, Heating, Air-Conditioning Contractors |
2352 | Painting and Wall Covering Contractors |
2353 | Electrical Contractors |
2354 | Masonry, Drywall, Insulation and Tile Contractors |
2355 | Carpentry and Floor Contractors |
2356 | Roofing, Siding and Sheet Metal Contractors |
23592 | Glass and Glazing Contractors |
23595 | Building Equipment and Other Machinery Installation Contractors |
23599 | All Other Special Trade Contractors |
BUILDING CONTRACTORS, HEAVY. An establishment providing general contracting and/or building construction services other than for buildings, such as highways and streets, bridges, sewers and flood control projects and which may involve outdoor storage of machinery or equipment. This definition includes only those uses in the following NAICS group(s):
2341 | Highway, Street, Bridge and Tunnel Construction Contractors |
23491 | Water, Sewer, Pipeline Construction Contractors |
23591 | Structural Steel Erection Contractors |
23593 | Excavation Contractors |
23594 | Wrecking and Demolition Contractors |
BUILDING FOOTPRINT. The outline of the total area covered by a building's exterior walls at the ground level.
BUILDING HEIGHT. See HEIGHT, BUILDING.
BUILDING LINES. Lines that are tangent to the exterior surface of buildings or structures or the surfaces of cantilevered projections therefrom, parallel to front, side and rear lot lines and referred to as front, side and rear building lines, respectively.
BUILDING MATERIALS SUPPLY. An establishment engaged in selling lumber and a general line of building materials and hardware to the public. This definition includes only those uses in the following NAICS group(s):
4441 | Building Materials and Supplies Dealer (Retail) |
BUILDING PRESENTATION. The direction of the architectural front facade of a building in relation to the street or public space.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located. In any residential district, any structure containing a dwelling unit shall be deemed to be a PRINCIPAL BUILDING on the lot on which it is located.
BUILDING SITE. (See also DEVELOPMENT.) An area of land or property where development is undertaken.
BUILDING WALL. The entire surface area, including windows and doors, of an exterior wall of a building. For the purposes of this article, the area of a wall will be calculated for only the first three stories or 45 feet in height of a building, whichever is less.
BUILT-UPON AREA. (Applies only to the Watershed Overlay District.) Built-upon areas shall include that portion of a development project and/or lots that are covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g., tennis courts) and the like. (NOTE: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
BULK STORAGE OF PETROLEUM PRODUCTS (TANK FARMS). The storage on a zoning lot of 2,500 gallons water capacity or more of flammable liquid or 2,000 gallons water capacity or more of flammable gas, excluding "storage tanks, above ground" and "fuel dealers", as defined herein. This definition includes all uses listed in the following NAICS group(s):
4227 | Petroleum and Petroleum Products Wholesalers |
BUS/TRANSIT SHELTER. A freestanding structure less than 100 square feet, located on a bus transit route, which is designed to accommodate embarking and disembarking bus transit passengers.
CALIPER. The diameter measurement of a tree-trunk.
CAMPGROUND. See RECREATIONAL VEHICLE PARK.
CANOPY. A structure, either detached from or attached to and extending from the enclosed portion of a building and used principally to provide shelter in connection with activities conducted in the principal building.
CANOPY TREE. A species of tree which normally grows to a mature height of 35 feet or more with a minimum mature crown width of 30 feet and meets the specifications of the American Standards for Nursery Stock, published by the American Association of Nurserymen.
CARPORT. A roofed structure enclosed on not more than two sides and used for the parking of motor vehicles.
CAR WASH, AUTOMATIC. An unattended, automated, mechanical facility for the washing of automobiles, small recreational vehicles and light trucks wherein the customer remains in the vehicle during the service.
CAR WASH, FULL SERVICE. An attended facility wherein the customer pays for the labor, materials and equipment necessary to wash or otherwise clean an automobile, small recreational vehicle or light truck. This type of car wash may or may not be partially automated. Typically, the customer does not remain in the vehicle during the service.
CAR WASH, INDUSTRIAL. Mechanical facilities for the washing, vacuuming and waxing of large automobiles and heavy machinery.
CAR WASH, SELF SERVICE. A car wash wherein the customer provides labor and where no self-propelled wash racks are provided.
CEMETERY. Land and facilities, including offices and chapels, used for the burial of the dead.
CEMETERY, LICENSED. Land and facilities used for burial of the dead meeting the requirements of a perpetual care cemetery under state law. Such a facility includes any burial ground, mausoleum or columbarium operated by a cemetery company and meeting licensing requirements of the state.
CERTIFICATE OF COMPLIANCE. A certificate issued by the Zoning Administrator setting forth that a lot, building, structure or use complies with the zoning ordinance and that the same may be used for the purposes stated therein.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Inspector setting forth that a building, structure or use complies with all State Building Codes in effect within the town's jurisdiction.
CHANGE OF USE. A change in the use of a structure or land for which a certificate of compliance is required.
CHARTER. The entire body of local acts currently in force applicable to the Town of Mocksville, including articles of incorporation issued to the town by an administrative agency of the state.
CHILD CARE INSTITUTION. A facility providing residential and non-residential care for 13 or more children under the age of 21, who are handicapped or who are without the benefit of parents who can provide for those children's basic physical, emotional, educational, spiritual and/or other special needs.
CHURCH or RELIGIOUS INSTITUTION. A facility of a church, temple, synagogue or other non-profit religious organization operated for worship and which may include religious training or study.
CHURCH OR RELIGIOUS INSTITUTION - COMMUNITY SCALE. A church or religious institution in which the seating capacity in the sanctuary or main activity area is greater than 600 persons.
CHURCH OR RELIGIOUS INSTITUTION - NEIGHBORHOOD SCALE. A church or religious institution in which the seating capacity in the sanctuary or main activity area is 600 persons or less.
CLINIC. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers or other medical personnel and are not lodged overnight.
CLINIC, VETERINARY. See VETERINARY SERVICES.
CLOSE FAMILIAL RELATIONSHIP. A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half and in-law relationships.
CLUB OR LODGE, PRIVATE NON-PROFIT. A building or land used for the activities of a non-profit private club or social organization and not adjacent to, operated as or in connection with a public tavern, café or other place open to the public.
CLUB, PRIVATE. A for profit establishment as defined in G.S. § 18B-1000(5) which holds an ABC permit from the state.
CLUSTER DEVELOPMENT. The grouping of buildings and built-upon areas in order to conserve and/or protect natural resources and to provide for innovation in the design of a development project.
CLUSTER HOUSING. A development pattern where the dwelling units are grouped or "clustered" on a density basis for the total land area of the development, rather than spread evenly throughout the site on a lot by lot basis. A CLUSTER HOUSING DEVELOPMENT includes permanent open space and greenways usually owned and maintained by a homeowner's association or developer.
COLLECTOR STREET. See STREET, COLLECTOR.
COLLEGE or UNIVERSITY. An institution of higher education offering undergraduate and/or graduate degrees.
COLLOCATION. The placement, installation, maintenance, modification, operation or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
COMMUNICATION FACILITY. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.
COMMUNICATIONS SERVICE. Cable service as defined in 47 U.S.C. § 522(6) (The one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service), and information service as defined in 47 U.S.C. § 153(24) (The term INFORMATION SERVICE means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service), and telecommunications service as defined in 47 U.S.C. § 153(53) (The term TELECOMMUNICATIONS SERVICE means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.), or wireless services.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in COMMUNICATIONS SERVICE and 47 U.S.C. § 522(5); a provider of information service, as defined in COMMUNICATIONS SERVICE and 47 U.S.C. § 153(24); a telecommunications carrier, as defined in COMMUNICATIONS SERVICE and in 47 U.S.C. § 153(51); or a wireless provider.
COMMUNITY CENTER. A building used for recreational, social, educational and cultural activities, open to the public and usually owned and operated by a public or non-profit group or agency.
COMMERCIAL COMMUNICATION TOWER. See TELECOMMUNICATION TOWER.
COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the Board of Commissioners pursuant to G.S. § 160D-501.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONGREGATE CARE FACILITY. A licensed multi-unit facility which provides housing, part-time medical care, shared food preparation and dining areas and recreational facilities, as well as significant social facilities to meet the needs of the elderly. CONGREGATE CARE FACILITIES do not include nursing care institutions or similar institutions devoted primarily to the care of the chronically ill or incurable.
CONSTRUCTION, START OF. The first placement of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work at the point of placing the foundation or beyond the state of excavation or the placement of a manufactured home on a foundation. This definition does not include the installation of streets or walkways nor does it include the installation of temporary buildings on the property, such as garages, sheds or trailers, not part of the main structure nor occupied as dwelling units.
CONTIGUOUS AREA. Any area which abuts directly on a subject property or is separated from the subject property by a street or the right-of-way of a railroad or other utility or public service corporation.
CONVENIENCE STORE. Any retail establishment offering for sale gasoline, diesel fuel, kerosene, automotive products, prepackaged food products, household items and/or other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
CONVENTIONAL SUBDIVISION. A subdivision which complies with the standard lot dimensions of Section 6 of the Town Zoning Ordinance and the development standards found in Sections 7.000 and 8.000 of the Town Subdivision Ordinance.
CORNER LOT. See LOT, CORNER.
CORRECTIONAL INSTITUTION. A jail or other institutional facility used to confine and provide treatment or rehabilitation to violators of criminal laws, including facilities for persons who are participating in supervised work-release programs, whether the facilities provide confinement for all of each 24-hour period or only a portion thereof; but not including temporary holding facilities that are accessory to a police station.
COUNTY. Any one of the counties listed in G.S. § 153A-10.
CRITICAL ROOT ZONE. The area under a tree, which includes all land within the drip-line of the tree. The drip-line is measured by a vertical line extending from the outermost portion of a tree's canopy to the ground.
CUL-DE-SAC. See STREET, MINOR.
CULTURAL FACILITY. An indoor or outdoor theater, auditorium or other building or structure designed, intended or used primarily for musical, dance, dramatic or other live performances or a museum or gallery operated primarily for the display, rather than the sale, of works of art.
DAY CARE. Any child or adult care arrangement for three or more individuals who receive care away from their primary residence by persons other than their parents, children, grandparents, aunts, uncles, brothers, sisters, first cousins, nieces, nephews, guardians or full-time custodians, where care is provided on a regular basis at least once per week for more than four but less than 24 hours per day.
DAY CARE CENTER. A day care facility in which day care is provided for 13 or more children when any child is preschool-age or sixteen or more other children and/or adults.
DAY CARE HOME, LARGE. A facility in which day care is provided for six to 12 preschool-age children or up to fifteen other children and/or adults.
DAY CARE HOME, SMALL. An operation in which day care is provided for up to five preschool-age children or up to eight other children and/or adults.
DECIDUOUS. A plant or tree with foliage that is shed annually.
DECISION-MAKING BOARD. A governing board, planning board, board of adjustment, watershed review board, or other board assigned to make quasi-judicial decisions under this chapter.
DEED RESTRICTION. A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the County Register of Deeds. Also known as a RESTRICTIVE COVENANT.
DENSITY, GROSS RESIDENTIAL. The number of residential dwelling units per acre of land, determined by dividing the number of dwelling units by the total number of acres in the parcel to be developed.
DENTAL LABORATORY. See MEDICAL OR DENTAL LABORATORY.
DETENTION STRUCTURE. A permanent structure designed for the temporary storage of storm water runoff in order to reduce the peak rate of discharge from a site.
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. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land or the subdividing of land into two or more parcels.
(1) Except as provided in subsection (C) hereof, for the purposes of these regulations, the following activities or uses shall be considered DEVELOPMENT:
(a) The reconstruction, alteration of the size or material change in the external appearance of a structure on land or water;
(b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
(c) Alteration of the shore or bank of a pond, lake, river or other waterway;
(d) Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel of land;
(e) Clearing of land, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation; or
(f) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(2) DEVELOPMENT includes all other activity customarily associated with it. When appropriate to the context, DEVELOPMENT refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition.
(3) For the purposes of these regulations the following operations or uses shall not be considered DEVELOPMENT; some may, however, require a zoning permit:
(a) Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed;
(b) Work involving the maintenance or replacement of existing landscaped areas and existing rights-of-way;
(c) A change in use of land or structure from a use within a specified category of use to another use in the same category;
(d) A change in the ownership or form of ownership of any parcel or structure;
(e) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land unless otherwise specifically required bylaw; or
(f) The clearing of survey cuts or other paths of less than four feet in width.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to G.S. Ch. 160D 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 and variances. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. Ch. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. Any 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 G.S. Ch. 160D, or a local act or charter that regulates land use or development.
DEVELOPMENT SITE. See BUILDING SITE.
DISH ANTENNA (also referred to as an EARTH STATION). An accessory structure that includes the following:
(1) An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;
(2) A low-noise amplifier, which is situated at the focal point of the receiving component and whose purpose is to magnify the transfer signals; and
(3) A coaxial cable whose purpose is to carry the signals into the interior of a building.
DISTURBED AREA. An area subject to erosion due to the removal of vegetative cover and/or earthmoving activities.
DORMITORY. A building containing bathroom facilities available for common use by the residents of the building, which is occupied or intended to be occupied as the dwelling for more than six persons who are not related by blood, marriage or adoption but who are enrolled in, affiliated with or employed by the same educational, religious or health institution and which is co-located with and subordinate to the institution. DORMITORY shall not include a boarding house, motel, hotel, group home or health institution.
DOUBLE FRONTAGE LOT. See LOT, DOUBLE FRONTAGE.
DRIVE-THROUGH SERVICE WINDOW. A customer service facility located within the principal structure as an accessory to an office or retail establishment which is intended to enable the customer to transact business with a sales or service representative located within the principal structure without exiting the motor vehicle.
DRY CLEANING AND LAUNDRY PLANTS. A building, portion of a building or premises used for cleaning fabrics, textiles, wearing apparel or articles of any sort by immersions in volatile solvents including, but not limited to petroleum distillates and/or chlorinated hydrocarbons and any process incidental thereto. This definition includes only those uses in the following NAICS group(s):
8123 | Drycleaning and Laundry Services |
DRY CLEANING AND LAUNDRY SERVICES. A building, portion of a building or premises used for the collection and distribution of dry-cleaning or the cleaning of fabrics, textiles, wearing apparel or articles of any sort without the immersion of the articles in volatile solvents including, but not limited to petroleum distillates and/or chlorinated hydrocarbons and any process incidental thereto. It is intended that uses in this category shall not pose a significant threat to the health and safety of the public or adjacent uses and that such may legally discharge all liquid waste into a public sanitary sewer or private septic system.
DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
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.
DWELLING UNIT, ACCESSORY, ATTACHED. A second dwelling unit connected to or located within three feet of a residential building, which is restricted in area, purpose and occupancy in accordance with this article.
DWELLING UNIT, ACCESSORY, DETACHED. A dwelling unit located within an accessory structure, which is located more than three feet from the principal structure and is restricted in area, purpose and occupancy in accordance with this article.
DWELLING UNIT, EFFICIENCY. A dwelling unit in which the sleeping and living areas are contained in the same room.
EASEMENT. A grant of one or more of the property rights for a specific purpose by the property owner to or for the use by, the public or another person.
EASEMENT, NEGATIVE ACCESS. An easement, which allows no driveway or other vehicles, access to a lot from an adjacent public street.
EASEMENT, SIGHT. An easement, which grants the right to maintain unobstructed view across property, located at a street intersection.
ELECTRONIC GAMING OPERATION. Any business enterprise whether as a primary or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether the value of such distribution is determined by electronic games played or by predetermined odds. ELECTRONIC GAMING OPERATIONS may include but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations, or cyber cafes. This does not include any lottery approved by the State of North Carolina or any nonprofit operation that is otherwise lawful under state law (for example, church or civic organization fundraisers)
ELIGIBLE FACILITIES REQUEST. A request for a modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
EMERGENCY SHELTER. A facility providing temporary housing for one or more individuals who are temporarily or permanently homeless due to disaster, evacuation or other similar civil emergency.
ENGINEER. A person licensed to practice engineering in the state.
EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
EVERGREEN. A plant or tree with foliage that persists year-round.
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 G.S. Chapter 160D. Also called a "quasi-judicial hearing".
EXHIBITION BUILDING. A structure or facility designed, intended or used primarily for public gatherings, indoor exhibitions, galleries or conventions.
EXISTING DEVELOPMENT. (Applies only to the Watershed Overlay District.)
(1) Existing development means projects that are built or projects that at a minimum have established a vested right under state zoning law as of the effective date of the amendment incorporating water supply watershed regulations into the town’s zoning ordinance based on at least one of the following criteria:
(a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(b) Having an outstanding valid building permit; or
(c) Having an approved site specific or phased development plan under the provisions of § 3-2.2.
(2) For projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, existing development shall be defined as those projects that are built or those projects for which a state permit was issued prior to 8-3-1992.
EXISTING LOT OF RECORD. (Applies only to the Watershed Overlay District.) A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to the adoption of this article or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this article.
EXPANSION OF AN EXISTING ANTENNA ARRAY. The addition of an antenna or antenna array with a new manufacturer and/or model type and/or increases the bandwidth of the antenna or antenna array.
EXTERIOR FEATURES. The architectural style, general design and general arrangement of the exterior of a structure, including the kind, texture and color of building materials, the size and scale of the building and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures and including the landscaping and natural features of the parcel containing the structure.
FACADE. The exterior wall of a building extending from grade to the top of the parapet, wall or eaves that is exposed to public view.
FAIRGROUNDS. An area of land use including, but not limited to: agricultural related office buildings, animal judging shows, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage and theaters.
FAMILY. An individual or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit; or a group of not more than six persons not related by blood, marriage or adoption living together as a single housekeeping unit and domestic servants as are employed on the same premises. A FAMILY may include five or fewer foster children placed in a family foster home licensed by the state. The term FAMILY shall not be construed to include any group of persons living together as a fraternal, sororal, social, honorary or professional organization.
FAMILY SUBDIVISION. (Applies only to the Watershed Overlay District.) A division of a tract of land:
(1) To convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative: or
(2) To divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.
FARM PRODUCT SALES. Seasonal sale of farm products raised on the premises where products are sold only as an accessory to an agricultural use.
FARMER'S MARKET. The seasonal selling or offering for sale at retail of vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables.
FARMHOUSE CLUSTER. A rural subdivision for up to six house lots accessed by a private drive.
FEED AND FLOUR MILL. Establishments primarily engaged in milling flour or meal from grains (except rice) or vegetables and/or milling flour and preparing flour mixes or dough.
FEED AND SEED STORE. Establishments primarily engaged in the retail sale of supplies directly related to the day to day activities of agricultural production.
FENCE OR WALL, OPAQUE. A vertical structure constructed of masonry, concrete, metal or wooden material which does not allow light to pass through.
FENESTRATION. The design and positioning of windows and doors in a building or structure.
FLAG. A piece of durable fabric of distinctive design attached to a permanent pole, that is used as a symbol or decorative feature which represents a country, state or other political subdivision.
FLAMMABLE FUEL STORAGE (BELOW GROUND). The storage of flammable or other hazardous liquids at a below grade location in compliance with applicable state laws.
FLEA MARKET. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open facilities or temporary structures.
FLOOD. A temporary rise in stream flow or stage that results in water over topping stream banks and inundating areas adjacent to the watercourse.
FLOOD BOUNDARY AND FLOODWAY MAP. An official map on which the Federal Emergency Management Agency has delineated both the floodway and floodway fringe areas. The maps also contain cross section information relevant to both the floodway and floodway fringe areas with data available in official reports supplied by the Federal Emergency Management Agency.
FLOODPLAIN, 100-YEAR. The channel and area abutting a watercourse, which would be covered with water during a 100-year flood as designated by reports and data provided by the Federal Emergency Management Agency and as shown on the zoning map.
FLOODPLAIN, 500-YEAR. The channel and area abutting a watercourse, which would be covered with water during a 500-year flood as designated by reports and data provided by the Federal Emergency Management Agency.
FLOODWAY. The portion of the channel and floodplain of a stream designated by Federal Emergency Management Agency reports and data as adequate to provide passage for the 100-year flood, without increasing the elevation of that flood at any point by more than one foot.
FLOODWAY FRINGE. An area lying outside the floodway, but within the floodplain.
FLOOR. The top surface of an enclosed area in a building (including the basement) such as the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts and maintenance crawl space.
FLOOR AREA RATIO (FAR). The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.
FOOD AND BEVERAGE STORE. An establishment primarily engaged in selling food or beverages for home preparation and consumption off premises. This definition includes only those uses in the following NAICS group(s):
445 | Food and Beverage Stores |
FREEWAY or EXPRESSWAY. A divided highway with full control of access and grade separation of all intersections.
FRONT LOT LINE. See LOT LINE, FRONT.
FRONT YARD. See YARD, FRONT.
FRONTAGE, LOT. The lot boundary which coincides with a public street or space.
FRONTAGE, BUILDING. The facade of a structure facing the street.
FRONTAGE BUILDOUT. The portion of lot frontage which has a building or wall running parallel to it.
FUEL DEALER. An establishment primarily engaged in the retail sale of fuel oil (excluding retail sale of motor fuels), bottled gas, coal, wood or other fuels. This definition includes only those uses in the following NAICS group(s):
45431 | Direct Selling Establishments, Fuel Dealers |
FUNERAL HOME. An establishment engaged in undertaking services, such as preparing the human dead for burial and in arranging and managing funerals. This definition includes crematories and mortuaries. This definition includes only those uses in the following NAICS group(s):
8122 | Death Care Services |
GARAGE, PRIVATE (RESIDENTIAL). A building housing not more than the number of vehicles in use by the family occupying the main structure to which the private garage is attached or detached, and in which space may be used for an incidental home occupation.
GASOLINE STATION, LARGE. A retail establishment which primarily sells gasoline to the public and which may include a convenience store, garages for passenger vehicle repair with associated vehicle storage areas and an automatic carwash as accessory uses.
GASOLINE STATION, NEIGHBORHOOD. A retail establishment which primarily sells gasoline to non-commercial vehicle operators, having no more than two canopies and eight separate pumping stations and providing only minor passenger vehicle repairs.
GENERAL RETAIL. See RETAIL, GENERAL.
GOLF COURSE. An area designed for golf, including a par 3 golf course, having at least nine holes, each with a tee, fairway and green and may have one or more hazards. A clubhouse, pool and other facilities associated with a country club built around a golf course are considered part of the golf course.
GOLF DRIVING RANGE. An open air golf practice facility.
GOVERNMENT OFFICES. The offices of the executive, legislative, judicial, administrative and regulatory branches of federal, state and local governments. This definition includes only those uses in the following NAICS group(s):
92 | Public Administration |
GOVERNING BOARD. The Board of Commissioners of the Town of Mocksville.
GRADE. The elevation of the land or land which is level at a specific point.
GRADE, EXISTING. The elevation along the ground surface of a site as recorded in topographic mapping at two-foot or four-foot contour intervals, on file in the office of the Planning Department or as surveyed and mapped at a contour interval of not more than four feet, by a licensed surveyor.
GRADE, FINISHED. The elevation at the top of the ground, walk or terrace where the ground, walk or terrace intersects the exterior walls of a structure or the vertical supports of a sign.
GREENWAY. A linear open space along a natural or constructed corridor, which may be used for pedestrian or bicycle passage. GREENWAYS often link areas of activity, such as parks, cultural features or historic sites with each other and with populated areas.
GROUND COVER. Any plant material that reaches an average height of not more than 12 inches.
GROUND LEVEL. For floodway purposes, the existing average elevation of the land.
GROUND SIGN. See SIGN, GROUND MOUNTED.
GROUP CARE FACILITY. A transitional housing facility for more than 20 residents, licensed by the state and operated by a non-profit corporation chartered pursuant to G.S. Ch. 55A, which provides room and board, personal care and rehabilitation services while persons receive therapy and/or counseling for one or more of the following purposes:
(1) To assist them to recuperate from the effects of or refrain from the use of drugs or alcohol;
(2) To provide emergency and temporary shelter for persons in distress such as runaway children and battered individuals; and
(3) To provide shelter and support for older adults and persons who are handicapped. A
GROUP CARE FACILITY shall not serve primarily as an alternative to incarceration. The facilities may have accessory uses conducted on the premises, including, but not limited to,, schooling of residents, training programs in occupational fields and production of goods and crafts to be sold off-premises.
GROUP HOME A. A transitional housing facility with support and supervisory personnel licensed by the state and operated by a non-profit corporation chartered pursuant to G.S. Ch. 55A, which provides room and board, personal care and rehabilitation services in a supportive family environment for not more than six residents, exclusive of supervisory personnel, including, but not limited to, handicapped persons, older adults, foster children and abused individuals. This use shall include family care homes, as defined in G.S. § 168-21. This use shall not serve primarily as an alternative to incarceration, shall not include individuals who are dangerous to others, as defined in G.S. § 122C-3(11)(b) and shall not include persons living together as a fraternal, sororal, social, honorary or professional organization.
GROUP HOME B. A transitional housing facility with support and supervisory personnel licensed by the state and operated by a non-profit corporation chartered pursuant to G.S. Ch. 55A, which provides room and board, personal care and rehabilitation services in a supportive family environment for not more than 12 residents, exclusive of supervisory personnel, including, but not limited to, handicapped persons, older adults, foster children and abused individuals. This unit shall not serve primarily as an alternative to incarceration, shall not include individuals who are dangerous to others, as defined in G.S. § 122C-3(11)(b) and shall not include persons living together as a fraternal, sororal, social, honorary or professional organization.
HABILITATION FACILITY A. Any facility in which one to eight handicapped persons receive habilitation services, rehabilitation services or engage in recreational activities, regardless of whether these services and activities are therapeutic or educational in nature. These facilities are licensed by the state and do not provide room and board. This definition does not include the principal uses schools, elementary or schools, secondary. These facilities are intended to serve handicapped persons as defined in state law, in accordance with rights provided by applicable laws.
HABILITATION FACILITY B. Any facility in which more than eight handicapped persons receive habilitation services, rehabilitation services or engage in recreational activities, regardless of whether these services and activities are therapeutic or educational in nature. These facilities are licensed by the state and do not provide room and board. This definition does not include the principal uses schools, elementary or schools, secondary. These facilities are intended to serve handicapped persons as defined in state law, in accordance with rights provided by applicable laws.
HANDICAPPED PERSON. A person with a physical or mental impairment which substantially limits one or more of the person's life activities; a record of having the impairment; or being regarded as having such an impairment. This definition does not include current illegal use of or addiction to a controlled substance. This definition includes Willie M. children, but does not include persons who are dangerous to others as defined by G.S. § 122C-3(11)(b).
HAZARDOUS MATERIAL. Any substance listed as such in the Superfund Amendments and Reauthorization Act (SARA) § 302, Extremely Hazardous Substances; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Hazardous Substances; § 311 of the Clean Water Act (CWA) (oil and hazardous substances); or any solid waste or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HAZARDOUS MATERIALS TREATMENT FACILITY. A building, structure or use of land devoted or intended to be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical or biological character of any hazardous material so as to neutralize the material or render it non-hazardous, safer for transport, amenable for recovery, amenable for storage or reduced in bulk. Such a use may also contain temporary storage facilities normally associated with these operations and of sufficient size to conduct a commercially feasible operation. However, under no circumstances is a hazardous materials treatment facility to be construed to be any of the following:
(1) A facility which manufactures hazardous materials from component non-hazardous materials;
(2) A facility or location for the long term or perpetual storage of hazardous materials; or
(3) A facility for the treatment of hazardous materials which is clearly subordinate, incidental and related to the principal structure, building or use of land and is located on the same lot as the principal structure, building or use.
HAZARDOUS SUBSTANCE. Any chemical defined as a physical hazard or a health hazard under standards of NCAC 7C.0101(a)(105). Physical hazards include, but are not limited to, chemicals, which are combustible, explosive, flammable and reactive. Health hazards include, but are not limited to, chemical, which are carcinogens, toxins, corrosives or irritants.
HAZARDOUS WASTE MANAGEMENT FACILITY. Any commercial hazardous waste facility which accepts hazardous waste from the general public or from another person for a fee, but does not include any facility owned or operated by a generator of hazardous waste solely for its own use. A HAZARDOUS WASTE FACILITY means a facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste. This definition includes hazardous materials treatment facilities as defined herein.
HEALTH SERVICES, MISCELLANEOUS. This class of use includes outpatient care centers such as kidney dialysis centers, blood banks, birth control clinics, mental health and drug treatment centers and similar uses. This definition includes only those uses in the following NAICS group(s)
6214 | Outpatient Care Centers |
6215 | Medical and Diagnostic Laboratories |
62199 | All Other Ambulatory Health Care Services |
HEIGHT, BUILDING. The vertical distance measured from the average elevation of the finished grade of all sides of a building, measured at the midpoint of each side, to the topmost elevation of the roof or to the topmost projection of the building above any roof, including parapet walls. Enclosed penthouses or equipment rooms are considered a part of the building and included in the calculation of building height.
HELICOPTER LANDING PAD. The designated takeoff and landing area from which helicopter departures and approaches are intended to originate or terminate.
HELIPORT. A helicopter terminal facility for general public transportation with support facilities. The word HELIPORT shall mean an area on the ground used by helicopters, which may include, in addition to the landing pad, passenger and cargo facilities, maintenance, overhaul, fueling, service and storage facilities, tie-down areas, hangars, parking and other necessary buildings and open spaces. The term HELIPORT includes the terms heliports and public-use heliport used in Federal Aviation Administration publications.
HELISTOP. A limited use helicopter terminal facility that is clearly subordinate to a related business, institution or other operation. The word HELISTOP shall mean an area, either on the ground or on a building and shall include the landing pad used by helicopters for the purpose of picking up or discharging passengers or cargo, routine maintenance facilities, parking area, fuel pumping facilities (only if the activity is approved by the appropriate agencies) and storage or hangar facilities, but no other accessory facilities. The term HELISTOP includes the terms private-use heliport and personal-use heliport contained in Federal Aviation Administration publications, except for the limitations on the facility as noted in this definition.
HOME OCCUPATIONS. A business, profession, occupation or trade which is conducted within a residential building or accessory structure for the economic gain or support of a resident of the dwelling and which is incidental and secondary to the residential use of the building.
HOSPITAL. A facility providing medical, psychiatric or surgical services for sick or injured persons, including emergency treatment, diagnostic services, training, research and administration. This definition includes only those uses in the following NAICS group(s)
622 | Hospitals |
HOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals and which has common facilities for reservations and cleaning services, combined utilities and on-site management and reception services. HOTELS may or may not provide on-site parking and access to hotel rooms is generally provided through interior hallways.
IMPERVIOUS SURFACE COVER. Any structure or material which significantly reduces or prevents natural absorption of storm water into the soil. IMPERVIOUS SURFACE COVER includes any built upon area including, but not limited to, buildings or other structures with roofs, sidewalks, driveways, parking lots, streets and any concrete, stone, brick, asphalt or gravel surface. For purposes of calculating impervious surface coverage requirements pursuant to the zoning ordinance, wooden slatted decks and the water area of a swimming pool are considered pervious.
IMPROVEMENT. Any structure or constructed feature not included under the definition of structure.
INDEPENDENT LIVING FACILITY. An unlicensed facility providing living arrangements for the elderly and their spouses in single-family, duplex or multi-family units designed to allow a predominately independent lifestyle within the framework of a larger, unified, health maintenance environment.
INFILL DEVELOPMENT. The construction of a building on a vacant parcel located in a predominately built up area.
JAIL. A building and all accessory uses and structures, used to confine, house and supervise persons who are serving terms of imprisonment for violations of criminal laws or who are awaiting trial for alleged violations of criminal laws, but not including temporary holding facilities that are accessory to a police station and not including any housing or other facilities for persons who are participating in work-release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.
JUNKYARD. The use of more than 600 square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof regardless of whether the material is for sale.
KENNEL. A use or structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot. This definition shall not include 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.
LANDFILL, CONSTRUCTION AND DEMOLITION. A landfill which accepts construction or demolition debris or waste including solid waste from construction, remodeling, repair or demolition operations on pavement, buildings or other structures.
LANDFILL, LAND CLEARING AND INERT DEBRIS (LCID). A landfill that is limited to receiving land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood and yard trash.
LANDFILL, SANITARY. A facility for the disposal of all types of solid wastes, excluding hazardous wastes or toxic substances.
LANDOWNER OR OWNER. The holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the Davie 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.
LANDSCAPING. The installation and maintenance of trees, shrubs, plant materials and/or ground cover, including grass, mulch, decorative stone and similar materials, but excluding bare soil, uncultivated vegetation, impervious pavement materials and gravel.
LARGE MATURING TREE. A tree whose height is greater than 35 feet at maturity and meets the specification of American Standards for Nursery Stock, published by the American Association of Nurserymen. See also CANOPY TREE.
LANDSCAPE ARCHITECT. A person licensed to practice landscape architecture in the state.
LAUNDRY AND LINEN SUPPLY SERVICE. Establishments primarily engaged in supplying laundered items, such as table and bed linens, towels, diapers and types of uniforms.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under G.S. Chapter 160D or an applicable local act that is not an evidentiary hearing.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIBRARY, PUBLIC. A publicly operated facility housing a collection of books, magazines, audio and video tapes or other material for use by the general public.
LINEAR FRONTAGE. The length of a property abutting a public right-of-way from one side lot line to another.
LIVESTOCK SALES AND AUCTIONS. A commercial establishment where livestock are collected for sale or auction.
LOCAL ACT. An act of the General Assembly applying to one or more specific cities by name, or to all cities within one or more specifically named counties.
LOCAL GOVERNMENT. A city or county, including the Town of Mocksville.
LOGO. A business trademark or symbol.
LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and the accessways, parking area, yards and open spaces required in these regulations.
LOT, ADJACENT. See ADJACENT PROPERTY.
LOT, CORNER. A lot located at the intersection of two or more streets or abutting a curved street or streets in such a way that the front building line meets either side lot line at an interior angle of less than 135 degrees.
LOT COVERAGE. The portion of the lot area, expressed as a percent that is covered by impervious surface cover.
LOT, DOUBLE FRONTAGE. A lot having frontage and access on two or more public streets. A corner lot shall not be considered as having DOUBLE FRONTAGE unless it has frontage and access on three or more streets.
LOT, INTERIOR. A lot other than a corner lot with frontage on only one street.
LOT, REVERSE FRONTAGE. A lot having frontage on two or more streets, one of which is a minor or less important street in the community, the access to which is restricted to the minor street.
LOT, THROUGH. See LOT, DOUBLE FRONTAGE.
LOT LINE. A line or series of connected line segments bounding a lot.
LOT LINE, FRONT. The line which separates the lot from a street right-of-way. Corner lots shall have only one FRONT LOT LINE.
LOT LINE, INTERIOR. A side lot line, which separates one lot from another lot.
LOT LINE, REAR. That lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Zoning Administrator shall designate the rear lot line.
LOT LINE, SIDE. A lot line other than a front or rear lot line.
LOT OF RECORD. A lot described by plat or by metes and bounds which has been recorded in the office of the County Register of Deeds.
LOT WIDTH. The horizontal distance between the side lot lines at the building setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.
LOT, ZONING. A parcel or contiguous parcels of land which is indicated by the owner at the time of application for a building or zoning permit as being that land which is proposed for development under a single development plan.
MAINTAINED EASEMENT. A recorded right-of-way made of crushed gravel, pavement or graded and cleared of brush, so as to permit access by vehicles.
MANUFACTURED HOME. A dwelling unit that:
(1) Is not constructed in accordance with the standards of the State Building Code for one- and two-family dwellings;
(2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and
(3) Exceeds 40 feet in length and eight feet in width.
MANUFACTURED HOME, CLASS A. A manufactured home constructed after 7-1-1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria, the intent of which is to ensure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling:
(1) The manufactured home has a length not exceeding four times its width, with the length measured along the longest axis and width measured at the narrowest part of the other axis;
(2) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(3) All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;
(4) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding whose reflectivity does not exceed that of gloss white paint, wood or hardboard comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
(5) The home is placed on a permanent masonry foundation, not to include unfinished concrete block. The foundation wall shall be continuous and unpierced except for ventilation as required by the state regulations for manufactured/mobile homes; and
(6) The towing tongue shall be removed upon final placement of unit.
MANUFACTURED HOME, CLASS B. A manufactured home constructed after 7-1-1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a Class A manufactured home.
MANUFACTURED HOME PARK. A development site, whether a single parcel or multiple contiguous parcels, containing spaces leased or intended to be leased for occupancy by manufactured homes used as residential dwellings regardless of whether the homes are provided as part of the lease and including all uses accessory to the residential use. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sale.
MANUFACTURED HOME SPACE. The land in a manufactured home park allotted to or designated for the accommodation of one manufactured home.
MANUFACTURED HOME SUBDIVISION. Any parcel of land which is subdivided, with utilities extended for the installation or placement of manufactured homes.
MANUFACTURING A. A manufacturing establishment primarily engaged in the fabrication or assembly of products from pre-structured materials or components. Because of the nature of its operations and products, Manufacturing A produces little or no noise, odor, vibration, glare and/or air and water pollution and, therefore, has minimal impact on surrounding properties. This definition may include the uses in the following NAICS group(s):
3149 | Other Textile Product Mills |
315 | Apparel Manufacturing |
335991 | Motorcycle, Bicycle and Parts Manufacturing |
3369 | Other Transportation Equipment |
3399 | Other Miscellaneous Manufacturing |
MANUFACTURING B. A manufacturing establishment primarily engaged in the manufacture of foodstuffs, textiles, electrical components or tobacco products and the fabrication of wood, leather, paper, water or plastic products. Because of the nature of its operations and products, Manufacturing B could impact immediately adjoining properties due to noise, odor, vibration, glare and/or air and water pollution. This definition may include the uses in the following NAICS group(s):
3119 | Other Food Manufacturing |
3122 | Tobacco Manufacturing |
313 | Textile Mills |
3169 | Other Leather and Allied Product Manufacturing |
3219 | Other Wood Product Manufacturing |
322 | Paper Manufacturing |
3231 | Printing and Related Support Activities |
3261 | Plastics Product Manufacturing |
3341 | Computer and Peripheral Equipment Manufacturing |
3342 | Communications Equipment Manufacturing |
3343 | Audio and Video Equipment |
3344 | Semiconductor and other electronic component manufacturing |
3351 | Electric Lighting Equipment Manufacturing |
3353 | Electrical Equipment Manufacturing |
337 | Furniture and Related Products Manufacturing |
3391 | Medical Equipment and Supplies Manufacturing |
MANUFACTURING C. A manufacturing establishment primarily engaged in the processing and manufacturing of materials or products not otherwise classified under Manufacturing A, Manufacturing B or other use defined in this section. Manufacturing C includes the processing and manufacturing of products from extracted or raw materials, the assembly of large or heavy machinery and the storing or using of flammable, explosive, hazardous or toxic materials in the manufacturing processes. Because of the nature of its operations and products, Manufacturing C may impact surrounding properties due to noise, odor, vibration, glare and/or air and water pollution. This definition may include the uses in the following NAICS group(s):
3133 | Textile and Fabric Finishing and Fabric Coating Mills |
3161 | Leather and Hide Tanning and Finishing |
321114 | Wood Preservation |
3212 | Veneer, Plywood and Engineered Wood Product Manufacturing |
3221 | Pulp, Paper and Paper Board |
3241 | Petroleum and Coal Products Manufacturing |
3259 | Other Chemical Product and Preparation Manufacturing |
3262 | Rubber Product Manufacturing |
3271 | Clay Product and Refractory Manufacturing |
3272 | Glass and Glass Product Manufacturing |
3279 | Other Non-metallic Mineral Product Manufacturing |
331 | Primary Metal Manufacturing |
3329 | Other Fabricated Metal Product Manufacturing |
3333 | Commercial and Service Industry Machinery Manufacturing |
3353 | Electrical Equipment Manufacturing |
3359 | Other Equipment and Component Manufacturing |
3369 | Other Transportation Equipment Manufacturing |
MASSAGE AND BODY WORK THERAPY. Any massage or body work therapy as defined by the State Massage and Bodywork Therapy Practice Act, G.S. §§ 90-621 et seq., provided by a person licensed as provided therein to perform the therapy.
MASSING. The shape and form a building or assemblage of buildings assumes through architectural design.
MEAN SEA LEVEL. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Flood Insurance Rate Maps for the county are referenced.
MEAT PACKING PLANT. An establishment primarily engaged in the slaughtering of cattle, hogs, sheep, lambs and calves for meat to be sold or to be used on the same premises in canning, cooking, curing and freezing and in making sausage, lard and other products. The definition includes all uses in the following NAICS group(s):
3116 | Animal Slaughtering and Processing |
MEDICAL OR DENTAL LABORATORY. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession or to the patient, on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth and orthodontic appliances to order for the dental profession. This definition includes only those uses in the following NAICS group(s):
6215 | Medical and Diagnostic Laboratories |
3391 | Medical Equipment and Supplies Manufacturing |
MEDICAL AND SURGICAL OFFICES. An establishment primarily engaged in furnishing medical and surgical services to individuals and licensed for the practice by the state. This definition includes only those uses in the following NAICS group(s):
6211 | Offices of Physicians |
6212 | Offices of Dentists |
6213 | Offices of Other Health Practitioners |
MICRO-BREWERY/MICRO-DISTILLERY/MICRO-WINERY. A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the State of North Carolina Alcoholic Beverage Control Commission, meeting all of the standards of G.S. 18B, and associated tasting rooms, brewpubs, restaurants, and food trucks for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises. Micro-breweries shall not exceed production of 25,000 barrels as defined by G.S. 81A-9. A micro-distillery produces less than 50,000 proof gallons of spirits per year according to the American Distilling Institute. Micro-wineries primarily source fruit from local farms but do not farm fruit on site and do not exceed the equivalent of 50,000 gallons. Any beverage production facility that exceeds the production thresholds established in this definition shall be classified as Beverage Manufacturing under the definition of MANUFACTURING B.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
MIXED USE BUILDING. The combination of both commercial and residential uses within a single building of two or more stories, wherein at least 50% of the heated floor area contains residential dwelling unit(s).
MIXED USE DEVELOPMENT. A planned development where two or more use categories (commercial, residential, industrial, institutional and the like) are incorporated on a single development site.
MOBILE HOME. See MANUFACTURED HOME.
MOBILE HOME PARK. See MANUFACTURED HOME PARK.
MOBILE HOME SUBDIVISION. See MANUFACTURED HOME SUBDIVISION.
MODULAR HOME. A dwelling unit which is constructed in compliance with the State Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation or other acceptable means established by the State Building Code.
MOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals and which has common facilities for reservations and cleaning services, combined utilities and on-site management and reception services. MOTELS provide on-site parking and access to most rooms is provided directly from a parking area.
MOTOR VEHICLE. Any vehicle which is self-propelled and every vehicle designated to run upon the highways which is pulled by a self-propelled vehicle. For purposes of this definition, the term motor vehicle shall not include vehicles or implements used in farming or construction but shall include all forms of motorized watercraft.
MOTOR VEHICLE, INOPERATIVE. A motor vehicle which meets at least one of the following criteria:
(1) Vehicle is presently unable to satisfy the vehicle inspection standards of the state, regardless of whether the vehicle possesses a currently valid inspection certificate;
(2) Vehicle lacks a current inspection certificate or displays an expired certificate;
(3) Vehicle is partially dismantled or wrecked;
(4) Vehicle cannot be self-propelled or move in the manner in which it originally was intended to move; or
(5) Vehicle has expired license plate or is unlicensed.
MOTOR VEHICLE BODY OR PAINT SHOP. An establishment primarily engaged in body work, painting or customizing of automobiles or other motor vehicles. This definition includes only those uses in the following NAICS group(s):
81112 | Automotive Body, Paint, Interior and Glass Repair |
MOTOR VEHICLE DISMANTLING AND WRECKING YARD. Any open area of more than 200 square feet used for storing or dismantling inoperative motor vehicles. This definition includes only those uses in the following NAICS group(s):
4211 | Motor Vehicle and Motor Vehicle Parts and Supplies Wholesaler |
4219 | Miscellaneous Durable Goods Wholesalers |
MOTOR VEHICLE REPAIR AND MAINTENANCE. An establishment engaged in providing mechanical automotive maintenance and repair, such as engine repair, exhaust system replacement and transmission repair and/or providing other related services, such as upholstery or glass replacement. This use includes service stations but does not include body work or painting. This definition includes only those uses in the following NAICS group(s):
8111 | Automotive Repair and Maintenance |
81112 | Automotive Body, Paint, Interior and Glass Repair |
MOTOR VEHICLE SALES, RENTAL AND LEASING. Any use where automobiles, other motor vehicles or manufactured homes are stored and/or displayed for the purpose of sale or lease as an entire or complete unit. This definition includes only those uses in the following NAICS group(s):
4411 | Automobile Dealers |
4412 | Other Motor Vehicle Dealers |
45393 | Manufactured (Mobile) Home Dealers |
5321 | Automotive Equipment Rental and Leasing |
MOTOR VEHICLE STORAGE YARD. An outdoor area for the storage of more than one wrecked, damaged or inoperative motor vehicle awaiting insurance adjustment, major body work or other repair or other disposition. This definition does not include Motor Vehicle Parts, Used, NAICS group 5015 and Waste Materials, NAICS group 5093.
MULTIPLE BUILDING SITE. A group of two or more non-residential buildings established on a single development tract, having unified design of buildings and coordinated organization of open space, parking and service areas.
MULTI-FAMILY. See RESIDENTIAL BUILDING, MULTI-FAMILY.
MUSEUM or ART GALLERY. A structure used for the display and preservation of paintings, sculpture and other constructed or natural objects illustrating human or natural history. This definition includes only those uses in the following NAICS group(s):
7121 | Museums, Historical Sites and Similar Institutions |
NAICS. North American Industry Classification System, 1997.
NATURAL OBSTRUCTION. Any rock, tree, gravel or similar natural matter which is an obstruction and has been located within the floodway by a non-human cause.
NEIGHBORHOOD RECREATION AREA. Public or private tennis, basketball or other courts, swimming pools or similar indoor and/or outdoor uses that are operated on a fee or membership basis primarily for the use of persons who reside in a specific area or neighborhood in which the facility is located. NEIGHBORHOOD RECREATION AREAS may include accessory uses such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
NIT. A unit measure of luminance or brightness equal to one candela per square meter, measured perpendicular to the rays of the source.
NON-CONFORMING LOT. Any lot of record which does not meet the dimensional requirements established in these regulations as adopted or amended.
NON-CONFORMING STRUCTURE. Any structure which does not comply with all of the standards and regulations of this article as adopted or amended.
NON-CONFORMING USE. Any use of land or buildings which does not comply with all of the regulations of this article as adopted or amended.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.
NON-STORE RETAIL. See RETAIL, NON-STORE.
NURSERY, LAWN AND GARDEN SUPPLY STORE, RETAIL. An establishment primarily engaged in the retail sale of trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public. These establishments primarily sell products purchased from others, but may sell some plants, which are grown at the establishment. This definition includes only those uses in the following NAICS group(s):
4442 | Lawn and Garden Equipment and Supplies Store |
NURSING CARE INSTITUTION. A licensed healthcare facility, however named, governmental or non-governmental, which provides in-patient care to six or more non-related persons for whom planned and continued medical or nursing attention or both, are indicated in contrast to the occasional or incidental care provided in congregate care facilities. A NURSING CARE INSTITUTION may be designed and marketed specifically for the elderly, physically handicapped or both, but not specifically for mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)(b).
OFF-STREET PARKING. Parking which occurs on a lot and not on a street or other public right- of-way.
OFFICE. A use or structure in which business or professional services are conducted or rendered.
OFFICE, MISCELLANEOUS. Office uses not specifically listed and defined elsewhere in this article as a principal use.
OFFICES, PROFESSIONAL. See PROFESSIONAL OFFICES.
OPEN SPACE. Land used for recreation, natural resource protection, amenities, protection of important rural and town vistas and/or buffer yards. OPEN SPACE may include, but is not limited to, lawns, walkways, active recreation areas, playgrounds, wooded areas and greenways.
OPEN SPACE, COMMON. Open space within a development not in individually owned lots, which is designated and intended for the common use or enjoyment of the residents of the development or the public at large.
OPTICAL SERVICES. An establishment where health practitioners engage in the practice of optometry by providing patients with eye examinations to determine visual acuity or the presence of visual problems. OPTICAL SERVICES also include the prescription and sale of the products as eye glasses, contacts or other instruments intended to enhance visual perception.
ORTHOPEDIC SUPPLY HOUSES. A place where prosthetic appliances, surgical dressings, crutches, surgical sutures and personal industrial safety devices are prepared and distributed.
OUTDOOR DISPLAY, RETAIL. An establishment primarily engaged in selling motor vehicles, trucks, manufactured homes, recreational vehicles, boats or other large items, which require outdoor display. This definition includes only those uses in the following NAICS group(s):
4539 | Other Miscellaneous Store Retailers |
4411 | Automobile Dealers |
4412 | Other Motor Vehicle Dealers |
OUTDOOR LIGHTING. Any light source that is installed or mounted outside of an enclosed building, but not including street lights installed or maintained along public or private streets.
OUTDOOR STORAGE AREA. Any area which contains trash collection areas or dumpsters, open air docks, outdoor storage of bulk materials and/or parts or areas regularly used for outdoor repair areas or service stations, but excluding temporary construction and related activities and closed bay docks.
OUTPARCEL. A separately leased or owned lot developed apart from, but linked functionally to a larger development site.
PACKAGE SEWER TREATMENT PLANT. A pre-fabricated set of devices used in the storage, treatment and ultimate discharge or reclamation of sanitary sewer or industrial wastes of a liquid nature.
PARAPET WALL. A building wall which extends to or above a flat roofed platform or building roof.
PARCEL. See LOT.
PARK. Any land owned by the public and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.
PARK, NEIGHBORHOOD. A town or county owned park intended to serve the recreational needs of people living or working within a one-half mile radius of the park.
PARK, REGIONAL. A town or county owned park intended to serve the recreational needs of all residents of the town and perhaps a large portion of the county with activities and natural features not included in most other types of parks and often based on a specific natural feature or scenic or recreational opportunity.
PARKING, LOT OR DECK. A principal or accessory use of a zoning lot with or without a parking structure for use as a place for the temporary or long-term parking of motor vehicles.
PAWN OR PAWN TRANSACTION.
A written bailment of personal property as security for debt, redeemable on certain terms within one hundred-eighty days, unless renewed, and with an implied power of sale on default.
PAWNBROKER.
A person 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.
PAWNSHOP.
The location at which, or the premises in which, a pawnbroker regularly conducts business.
PEDESTRIAN ORIENTED DEVELOPMENT. Any development type which accommodates the needs of the pedestrian. The development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option of accomplishing certain trips without automobile use and will provide a variety of interesting and detailed streetscapes which equally balance the need of the pedestrian and car.
PERENNIAL STREAM. A stream or creek containing a continuous natural flow of water throughout the year except possibly under exceptionally dry conditions and identified on 7.5 minute United States Geological Survey Quadrangle Maps by solid blue lines.
PERSON. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
PERSONAL SERVICES. An establishment primarily engaged in providing a service(s) to individuals such as a beauty and/or barber shop, a dry-cleaning establishment, advertising or computer services but shall not include any use which may be defined as adult entertainment. Personal Services include the following list of uses:
81143 | Footwear and Leather Goods Repair |
8121 | Personal Care Services |
8123 | Dry Cleaning and Laundry Services, excluding Dry Cleaning and Laundry Plants |
8129 | Other Professional Services except 81293 |
5617 | Services to Buildings and Dwellings |
5419 | Other Professional, Scientific and Technical Services except 54194 Veterinary Services |
PERVIOUS SURFACE COVER. A surface cover that presents an opportunity for precipitation to infiltrate into the ground.
PHARMACY. A place where drugs and medicines are prepared and dispensed by prescription from a hospital, medical or dental clinic.
PLANTING YARD. Area where required plantings are located.
PLAT. A surveyed map or plan of a parcel of land which is to be or has been subdivided.
PLAZA. An urban open space, constructed entirely or largely of hard-surfaced paving blocks, stone, brick or similar materials, framed on at least two sides by the vertical rise of building walls; occasionally framed by closely planted large maturing trees in lieu of buildings. May be used for occasional parking in front of a civic or public building.
PLANNED DEVELOPMENT. An area of a minimum contiguous size, as specified herein, to be planned, developed, operated and maintained according to approved plans as a single entity and containing one or more structures with appurtenant common areas.
PLANNED COMMERCIAL DEVELOPMENT. A Planned Development consisting primarily of retail, service, commercial or office uses or a combination of the uses and appurtenant common areas and accessory uses incidental to the principle uses within the development.
PLANNED INDUSTRIAL DEVELOPMENT. A planned development consisting primarily of industrial uses, but which may also include retail service and recreational uses to accommodate employees of the principle industrial uses within the development.
PLANNING BOARD. The Planning Board of the Town of Mocksville established pursuant to G.S. § 160D-301.
POST OFFICE. A facility or structure used for the collection, sorting and distribution of mail within several zip code areas, having retail services for the general public, such as stamps, postcards or postal insurance.
POSTAL FACILITY, NEIGHBORHOOD. A facility that has: distribution boxes (cluster boxes) and collection services for the general public; no mail carriers or retail services; and, is located in a neighborhood where most of the users are within walking distance of the facility.
PREMISES. See LOT.
PRINCIPAL BUILDING OR STRUCTURE. A building or structure containing the principal use of the lot.
PRINCIPAL USE. The primary purpose or function that a lot serves or is proposed to serve.
PROCESSING FACILITY. A building or an enclosed space used for the collection and processing of recyclable material or for the purpose of re-preparation of materials for efficient shipment.
PROFESSIONAL OFFICES. An establishment primarily engaged in providing: engineering, architectural and surveying services; accounting, auditing and bookkeeping services; public relations services; legal services; real estate services; the services of insurance agents, brokers and carriers; the services of security and commodity brokers; and the services of bank holding companies. This definition includes only those uses in the following NAICS group(s):
5111 | Newspaper, Periodical, Book and Database Publishers |
5615 | Travel Arrangement and Reservation Services |
5231 | Securities and Commodity Contracts Intermediation and Brokerage |
5241 | Insurance Carriers |
5242 | Agencies, Brokerages and other insurance related activities |
5312 | Offices or Real Estate Agents and Brokers |
5511 | Management of Companies and Enterprises |
5418 | Advertising and Related Services (except 54184 Display Advertising) |
5614 | Credit Reporting and Collection Agencies |
5416 | Management, Scientific and Technical Consulting Services |
5415 | Computer System Design and Related Services |
5112 | Software Publishers |
5415 | Computer System Design and Related Service |
5411 | Legal Services |
5413 | Architectural, Engineering and Related Services |
5412 | Accounting, Tax Preparation, Bookkeeping and Payroll Services |
5418 | Advertising and Related Services |
PROGRESSIVE CARE COMMUNITY. An area of land including one or more buildings under unified management, planned and developed as a unit to provide for the traditional residency and care of the elderly in a full range of living and care arrangements which includes at least two of the following: independent living and care, congregate care or nursing care institutions.
PROJECT AREA. Any area of land and/or water, regardless of the number of individual parcels contained therein, on which development is proposed under these regulations. See DEVELOPMENT.
PROJECTING SIGN. See SIGN, PROJECTING.
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.
PROPOSED RIGHT-OF-WAY LINE. The margin of a thoroughfare's right-of-way at its ultimate intended width, determined by:
(1) The thoroughfare's classification; and
(2) Dimensional requirements or location criteria as established in the subdivision ordinance.
PROTEST PETITION. A petition, authorized by state law, submitted to the City Council by adjacent property owners in opposition to a proposed zoning amendment.
PUBLIC. Under the control or responsibility of the Town Board of Commissioners on behalf of the general population, rather than individual or private control.
PUBLIC WORKS FACILITY. All production, storage, transmission and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the State Utilities Commission.
QUARRY. An operation for the dredging, digging, extraction, mining or quarrying of stone, sand, gravel or minerals for commercial purposes.
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.
REDEVELOPMENT. The demolition and reconstruction of a building or a portion of a building.
REAL ESTATE SIGN. See SIGN, REAL ESTATE.
REAR LOT LINE. See LOT LINE, REAR.
REAR YARD. See YARD, REAR.
RECREATIONAL FACILITY, PUBLIC. An area or facility designed to meet the demand for active recreation, including play fields, ball diamonds, parks with picnic and playground equipment, golf courses, tennis courts, swimming pools, tot lots and similar uses, available to the public and under the management or control of a public agency.
RECREATION SERVICES, INDOOR. Establishments engaged in providing indoor recreation services. Such may include public or private health or exercise clubs, tennis or other racquet courts, swimming pools, YMCAs, YWCAs or similar uses which are enclosed in buildings and are operated on a fee or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. INDOOR RECREATION STRUCTURES may include accessory uses, such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. This definition includes only those uses in the following NAICS group(s):
7139 | Dance Studios, Schools and Halls |
6116 | Other Schools and Institutions |
7111 | Performing Arts Companies |
711 | Performing Arts, Spectator Sports and Related Industries |
71394 | Fitness and Recreational Sports Center |
RECREATION SERVICES, OUTDOOR. Establishments engaged in providing outdoor recreation services such as public or private golf courses, country clubs, swimming pools, tennis courts, ball fields and ball courts which are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. OUTDOOR RECREATION shall include any accessory uses, such as snack bars, pro shops and club houses which are designed and intended primarily for the use of patrons of the principal recreational use. This definition includes only those uses in the following NAICS group(s):
7139 | Other Amusement and Recreation Industries (excluding Sportsman ranges, i.e.: archery, turkey shoots) |
7112 | Spectator Sports |
RECREATIONAL VEHICLE. A vehicle type accommodation, other than a manufactured home, designed as temporary accommodations for travel, vacation or recreational purposes, which is propelled by its own motive power or is mounted on or drawn by another vehicle.
RECREATIONAL VEHICLE PARK AND CAMPGROUND. Any lot or parcel of land used or intended to be used for the accommodation of two or more recreational vehicles or non-vehicle campers for transient dwelling purposes.
RECYCLING CENTER. A facility at which recovered household resources, such as newspapers, glassware and metal and aluminum cans, are collected, stored, flattened, crushed or bundled within a completely enclosed building. This use does not include Motor Vehicle Parts, Used, SIC group 5015, which is listed as a separate use.
RECYCLING AND SALVAGE OPERATION. Places of business or public facilities for the collection or processing of recyclable materials which has been separated at the source, including, but not limited to, metals, glass, plastic, paper, appliances or white metals within a completely enclosed building. Appliances and white metals shall be limited to 25% of the floor area devoted to storage of recyclable materials but not more than 400 square feet. RECYCLING AND SALVAGE OPERATIONS exclude automobile wrecking yards, junk yards and the collection of refuse or hazardous materials, except recyclable batteries, paint, oil or antifreeze limited to 1,000 gallons of each fluid. RECYCLING AND SALVAGE OPERATIONS may process only source separated recyclable materials for efficient shipping or to an end-user's specifications by baling, bunching, crushing, smashing, separation, shredding or similar action.
RESIDENTIAL BUILDING. A building which contains one or more dwelling units.
RESIDENTIAL BUILDING, DUPLEX. A residential building which contains two dwelling units and which occupies one zoning lot.
RESIDENTIAL BUILDING, MULTI-FAMILY. A residential building which contains three or more dwelling units. This definition includes condominiums and apartment complexes, but does not include townhouses.
RESIDENTIAL BUILDING, SINGLE-FAMILY. A residential building which contains one dwelling unit and which occupies its own zoning lot. This term includes modular housing units.
RESIDENTIAL BUILDING, TOWNHOUSE. A residential building which contains three or more dwelling units where each unit occupies a separate lot of record.
RESTAURANT (WITH DRIVE-THROUGH SERVICE). An establishment which delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
RESTAURANT (WITHOUT DRIVE-THROUGH SERVICE). An establishment, which serves prepared food and beverages primarily to customers seated at tables or counters located within the building or designated outdoor seating areas. This includes cafés, tea rooms and outdoor cafés.
RETAIL, GENERAL. An establishment primarily engaged in selling goods to the public. This definition includes only those uses in the following NAICS group(s)
44131 | Automotive Parts and Accessories Stores (indoor sales only) |
442 | Furniture and Home Furnishings Stores |
443 | Electronics and Appliance Stores |
44413 | Hardware stores |
446 | Health and Personal Care Stores |
448 | Clothing and Clothing Accessories Stores |
451 | Sporting Goods, Hobby, Book and Music Stores |
452 | General Merchandise Stores |
453 | Miscellaneous Store Retailers |
RETAIL, NON-STORE. A use that retails merchandise using non-store methods, such as the broadcasting and publishing of direct-response advertising, direct solicitation and electronic shopping. This definition includes only those uses in the following NAICS group(s)
4541 | Electronic Shopping and Mail-Order Houses |
4542 | Vending Machine Operators |
4543 | Direct Selling Establishments (excluding on-site fuel storage) |
RETAIL STORE, LARGE. A single retail or wholesale use which occupies no less than 65,000 square feet of gross floor area, typically requires high parking to building area ratios and has a regional sales market. The stores include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores and department stores.
RETAIL STORE, MEDIUM. A single retail or wholesale use which occupies between 25,000 and 65,000 square feet of gross floor area, typically requires moderate parking to building area ratios and has a local sales market.
RETAIL STORE, SMALL. A single retail or wholesale use which occupies less than 25,000 square feet of gross floor area, typically requires low parking to building area ratios and has a local or neighborhood sales market.
RIDING STABLES. An establishment where horses are boarded and cared for, where instruction in riding, jumping and showing is offered or where horses may be hired for riding.
RIGHT-OF-WAY. The legal right of public passage, especially vehicular, over land.
ROOF LINE. The highest point of a flat roof or mansard roof and the lowest point of a pitched roof, excluding any minor projections or ornamentation.
ROOF PITCH. A comparison of the vertical rise to the horizontal run of a roof structure above a building.
ROOF SIGN. See SIGN, ROOF.
ROOMING HOUSE. See BOARDING OR ROOMING HOUSE.
ROOT PROTECTION ZONE. Generally 18 to 24 inches deep at a distance from the trunk equal to one-half of its height or to its drip line, whichever is greater.
ROUTINE MAINTENANCE. Activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with wireless facilities of the same size.
SANITARY LANDFILL. See LANDFILL, SANITARY.
SATELLITE DISH. A type of receive-only antenna, which is dish-shaped and is used to receive satellite signals, primarily television transmissions.
SAWMILL. A facility where logs are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.
SEARCH RING. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
SENSITIVE AREA. An area not suitable for development which includes the occupancy of animal and plant habitats that are rare and valuable due to their special role in an ecosystem, which could be disturbed by human activities and development. These areas are known to include wetlands, floodplains and geologically hazardous sites.
SERVICE ROAD. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
SCHOOL, ELEMENTARY AND SECONDARY. A public or private school providing instruction to students in kindergarten through grade 12.
SCHOOL, PRIVATE. A structure used primarily by and for any two or more age or grade levels not operated by the public school system, but registered with the State Department of Public Instruction. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this article.
SCHOOL, PUBLIC. A structure used primarily by and for any two or more age or grade levels in grades kindergarten through 12 and operated by the public school system or approved by the State Department of Public Instruction as meeting the requirements of state law. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this article.
SCHOOL, VOCATIONAL OR PROFESSIONAL. A use providing education or training in business, commerce, language or other similar activity or occupational pursuit and not otherwise defined as a home occupation, college or university or elementary or secondary school.
SCREENING. A fence, wall, hedge, landscaping, buffer area or any combination of these provided to visually shield or obscure one abutting or nearby structure or use from another.
SERVICES A, BUSINESS. An establishment primarily engaged in providing a service(s) to businesses and to a lesser extent, individuals. All merchandise and rental equipment is stored inside enclosed buildings. BUSINESS SERVICES A includes the following list of uses (including NAICS groups and all subcategories not elsewhere listed):
5414 | Specialized Design Services |
56141 | Document Prep Services |
5322 | Consumer Goods Rental |
5414 | Computer Systems Design and Related Services |
5614 | Business Support Services |
SERVICES B, BUSINESS. An establishment primarily engaged in providing services to commercial and business establishments. Operations may include large scale facilities and storage of merchandise and equipment outside enclosed buildings. BUSINESS SERVICES B includes the following list of uses (including related NAICS groups and all subcategories not elsewhere listed):
8123 | Dry Cleaning and Laundry Services |
5418 | Advertising and Related Services |
5617 | Services to Buildings and Dwellings |
5323 | General Rental Centers |
8113 | Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance |
8114 | Personal and Household Goods Repair and Maintenance |
SERVICES, PERSONAL. See PERSONAL SERVICES.
SERVICE STATION. See GASOLINE STATION.
SETBACK. The minimum required horizontal distance between a structure and the lot line or street centerline.
SETBACK, ESTABLISHED. The setback established by existing structures along a block front.
SETBACK, REQUIRED. The setback required by this article.
SHADE TREE. Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
SHOOTING RANGE, INDOOR. The use of a completely enclosed structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
SHOOTING RANGE, OUTDOOR. The use of land for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
SHOPPING CENTER. A building or group of buildings with two or more uses, either connected or freestanding, which is designed with common parking, pedestrian movement, ingress and egress and used for the sale of merchandise or services to the public. SHOPPING CENTERS shall be construed to include all out-parcels, whether or not developed and shall permit any permitted within the zoning district in which it is located, except for those uses that require outdoor storage.
SHOPPING CENTER, LARGE. A shopping center totaling 65,000 square feet or more of gross floor area.
SHOPPING CENTER, MEDIUM. A shopping center containing between 25,000 and 65,000 square feet of gross floor area.
SHOPPING CENTER, SMALL. A shopping center totaling 25,000 square feet or less of gross floor area.
SHRUB. A woody, branching plant of relatively low height.
SIGHT DISTANCE TRIANGLE. The triangular area formed by the point of intersection of two street right-of-way lines and a point located along each right-of-way line at a distance of 35 feet from the point of intersection.
SIGHT EASEMENT. See EASEMENT, SIGHT.
SIGN. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.
SIGN AREA. The area of a sign face.
SIGN FACE. That part of the sign that is or can be used to identify, advertise or communicate information or that is used to attract the attention of the public for any purpose. This definition includes any frame, structural member or other part of the sign when such is designed or used, including the use of color or lighting, to attract the attention of the public.
SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign, as detailed in § 8-3.6.
SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign or roof sign and poles or supports used to elevate or support the frame.
SIGN, ANIMATED. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
SIGN, BANNER (OUTDOOR ADVERTISING). A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentation applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational or corporate organizations.
SIGN, BEACON. Any sign with one or more beams directed into the atmosphere or directed at one or more points not on the same zoning lot as the light source; also, any light with one or more beams that rotate or move.
SIGN, BILLBOARD. A type of off-premises sign, generally, but not always, consisting of a rigidly assembled sign, display or devise, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters.
SIGN, CAMPAIGN OR ELECTION. A sign that advertises a candidate or issue to be voted upon on a definite election day.
SIGN, CANOPY (AWNING). Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area, excluding a marquee (see SIGN, MARQUEE).
SIGN, CHANGEABLE COPY. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the remaining face or the surface of the sign.
SIGN, CIVIC. A monument-style sign, including noncommercial information of interest that may or may not be associated with a particular location for municipal and civic club institutions, that is erected and maintained by the town or state, or an agent of such.
SIGN, CONSTRUCTION. A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier or others involved in the development of the project.
SIGN, COPY. Any words, letters, numbers, figures, characters, symbols, logos or insignia that are used on a sign face.
SIGN, DIRECTIONAL OR INSTRUCTIONAL. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance", "Exit", "Parking", "One-Way", "Warning", "No Trespassing" or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
SIGN, DIRECTORY. A sign other than an identification sign, listing the names, uses or locations of the various businesses or activities conducted within a building or group of buildings that is centrally located and intended to provide direction
SIGN, ELECTION. Any sign that advertises a candidate or an issue which is to be voted on in a local, state or federal election process.
SIGN, ELECTRONIC MESSAGE BOARD. A sign, or portion of a sign, that displays an electronic image and/or video, which may or may not include text. Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or messages, or uses electronic means to change the sign message. Electronic message boards include, but are not limited to, signs also known as
electronic reader boards, electronic message center signs, tri-panel message systems, and commercial electronic-variable message signs (CEVMS). Electronic message signs are not considered flashing signs.
SIGN, FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
SIGN, FLASHING. A sign that uses an intermittent or flashing light source to attract attention.
SIGN, FREESTANDING. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
SIGN, GOVERNMENT. Any temporary or permanent sign erected and maintained for any governmental purposes.
SIGN, GROUND MOUNTED. A sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground.
SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the zoning lot on which it is to be located, such as "no parking", "entrance", "loading only", "telephone" and other similar directives which are free of any commercial, advertising or similarly unrelated message.
SIGN, IDENTIFICATION. A sign which displays only the name, address and/or crest, insignia, trademark, occupation or profession of an occupant or the name of any building on the premises.
SIGN, KIOSK. A freestanding sign consisting of three to five sides that lists names of businesses located on a property, in a building or within the immediate area.
SIGN, MARQUEE. Any sign attached to, in any manner, a marquee. For purposes of this definition, a marquee is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
SIGN, MEMORIAL OR PLAQUE. A sign designating the name of a building and/or date of erection and other items such as architect, contractor or others involved in the building's creation, cut into or attached to a building surface.
SIGN, MONUMENT. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles where the base of the sign is on the ground or no more than twelve inches above the adjacent grade.
SIGN, OFF-PREMISES. A sign that directs attention to a business, commodity or service, conducted, sold or offered at a location other than the premises on which the sign is erected.
SIGN, ON-PREMISES. A sign that directs attention to a business, commodity or service, that is conducted, sold or offered on the premises on which the sign is erected.
SIGN, PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
SIGN, PERMANENT BANNER. Any banner constructed of lightweight fabric or similar material that is permanently mounted to a building by a permanent frame, excluding flags. (see SIGN, FLAG.)
SIGN, PLANNED DEVELOPMENT. A directory sign placed at a major entrance to a planned development which may list the name of the development as well as the businesses or locations within the development. A planned development sign shall consist only of monument signs and shall not include pole, pylon or other non-monument freestanding signs.
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 converted to A or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
SIGN, PROJECTING. Any wall sign affixed to a building or wall in a manner that its leading edge extends more than six inches beyond the surface of the building or wall.
SIGN, REAL ESTATE. A sign that is used to offer for sale, lease or rent the premises upon which the sign is placed.
SIGN, RESIDENTIAL. Any sign located in a District zoned for residential uses.
SIGN, ROOF. Any sign erected and constructed wholly or partially on or over the roof or parapet of a building.
SIGN, SUSPENDED. A sign that is suspended from the underside of a horizontal plane surface and is supported by the surface.
SIGN, TEMPORARY. A sign which is not permanently installed in the ground or affixed to any structure or building.
SIGN, WALL. Any sign attached to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure and which is supported by the wall.
SIGN, WINDOW. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
SIGNIFICANT TREE. Any tree other than a pine tree with a caliper of 18 inches or more.
SINGLE-FAMILY DWELLING. See RESIDENTIAL BUILDING, SINGLE-FAMILY.
SITE PLAN. A scaled plan showing uses and structures proposed for a parcel of land as required by this article, which includes lot lines, streets, building sites and buildings, reserved open space, major landscape features (natural and manmade) and the location of proposed utility lines when applicable in addition to other features which may be required by this article.
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.
SMALL MATURING TREES. A tree whose height is less than 35 feet at maturity and meets the specifications of American Standards for Nursery Stock, published by the American Association of Nurserymen.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
SOLAR ENERGY GENERATING FACILITY. A solar collection system that generates electricity from sunlight to a wholesale electricity beneficiary. These solar farms shall consist of a minimum of three individual panels which are an assembly of solar cells that generate electricity. The energy beneficiary(ies) shall not be located on the energy facility site. This definition does not include solar devices for single-family homes or any solar devices which are an accessory to a primary use. Modifications to an existing solar energy generating facility that increase its area by more than 5% of the original footprint, or that change the solar panel type (e.g., photovoltaic to solar thermal) shall be subjected to the requirements of this use. This definition includes only those uses in the following NAIGS group: 221114 Solar Electric Power Generation.
SOLID WASTE. Any hazardous or non-hazardous garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial, agricultural and land clearing operations. This term does not include the following:
(1) Fowl and animal fecal waste;
(2) Solid or dissolved material in any of the following:
(a) Domestic sewage and sludge generated by the treatment thereof, in sanitary sewage disposal systems which have a design capacity of more than 3,000 gallons or which discharge effluents to the surface waters;
(b) Irrigation return flows; or
(c) Wastewater discharges and the sludge incidental thereto and generated by the treatment thereof, which are point sources subject to permits granted under § 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251 et seq.) and permits granted under G.S. § 143-215.1 by the Environmental Management Commission;
(3) Oils and other liquid hydrocarbons controlled under G.S. Art. 21A of Ch. 143;
(4) Any radioactive material, as defined by the State Radiation Protection Act (G.S. §§ 104E-1 through 104E-23); or
(5) Mining refuse covered by the State Mining Act (G.S. §§ 74-46 through 74-68) and regulated by the State Mining Commission (as defined under G.S. § 143B-290).
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.
STEALTH or CONCEALED WIRELESS FACILITY. A wireless support facility due to design or appearance, hides, obscures or conceals the presence of the wireless support facility. Examples include, steeples, bell towers and silos.
STEALTH TELECOMMUNICATIONS ANTENNAS. Telecommunications antennas which are housed within a building or on a structure so that the antennas are disguised as some other permitted structure or use.
STORAGE AND SALVAGE YARD. The use of land for outdoor storage of machinery, construction equipment, construction supplies, used building materials, scrap metal and similar items. This definition does not include motor vehicle storage yard, motor vehicle dismantling operations or junkyards.
STORAGE TANKS, ABOVE GROUND. Storage tanks located above ground which are accessory to industries or businesses in their operations and are used to store chemicals, fuels, water and other liquids and materials.
STORAGE TANK, WATER. A standpipe or elevated tank used to store a supply of water or to maintain equal pressure on a water system.
STORY. The part of a building or structure above ground level between a floor and the floor or roof next above. A mezzanine shall be considered a STORY if it exceeds one-third of the area of the floor immediately below. A penthouse shall be considered a STORY if it exceeds one-third of the area of the roof.
STREAM BUFFER. An area of natural or planted vegetation through which storm water 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 right-of-way for vehicular travel.
STREET, ARTERIAL. A federal and/or state highway designed primarily for the movement of large volumes of vehicular traffic from one area or region to another; a thoroughfare. Also referred to as a MAJOR THOROUGHFARE.
STREET, COLLECTOR. A public way designed primarily to connect minor streets with arterial streets and/or to provide direct connection between two or more arterial streets and which may be designed to carry significant volumes of vehicular traffic having neither origin nor destination on the street.
STREET, MINOR RESIDENTIAL. Those streets whose primary function is to provide direct access to residential property.
STREET, MINOR NON-RESIDENTIAL. Those streets whose primary function is to provide direct access to commercial-industrial property.
STREET, CUL-DE-SAC. A short minor street having one end open to traffic and the other permanently terminated by a vehicular turnaround.
STREET, RURAL. A street designed for and located in non-urban and non-urbanizing areas as classified by the town.
STREET, URBAN. A street designed for and located in urban or urbanizing areas as classified by the town.
STREET, PARALLEL FRONTAGE ROAD. A public or private street adjoining or parallel to an arterial street designed to provide access to abutting property in place of the arterial.
STREET, PRIVATE. An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public.
STREET, PUBLIC. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards and eligible for maintenance by either the town or the state.
STREET LINE. The outer boundary of a street right-of-way.
STREET ORIENTATION. See BUILDING PRESENTATION.
STREET RIGHT-OF-WAY. Street right-of-way shall mean any public right-of-way set aside for public travel which is accepted or eligible to be accepted for maintenance by the state or the town or the county, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the town; or has otherwise been established as a public street prior to the adoption of this article.
STREET VISTA. A view framed by buildings at the termination of the axis of a thoroughfare or large neighborhood street.
STREET PLANTING YARD. The area of land along the front property line parallel to a right-of-way reserved for tree planting and landscaping. Also called STREET TREE PLANTING EASEMENT.
STREETSCAPE. An area within a street's right-of-way that may contain sidewalks, street furniture, landscaping or trees and similar features.
STRUCTURE. Anything constructed, installed or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds and similar accessory construction; however, it does not include landscape features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, at-grade bridges and walkways, at-grade slab patios, driveways, small non-permanent shelters for pets, playhouses, open stairs, recreational equipment, flagpoles, underground fallout shelters, air-conditioning compressors, pump houses, wells, mailboxes, outdoor fireplaces, burial vaults or cemetery marker monuments.
STRUCTURE, ACCESSORY. A structure detached from a principal building on the same zoning lot, the use of which is customarily incidental to the principal building. This includes freestanding satellite dishes, any other devices that access satellites and amateur radio antennas.
STRUCTURE, DETACHED. For purposes of determining setback requirements for accessory structures, a structure, which is separated from an adjacent structure by at least three feet, as measured from any part of the structures.
STUDIOS. A working place or place of study for a painter, sculptor, photographer, dancer or person engaged in a similar artistic pursuit. This definition includes only those uses in the following NAICS group(s):
541430 | Art studios, commercial |
611610 | Dance studios |
541922 | Photography studios, commercial |
541921 | Photography studios, portrait |
SUBDIVIDER. Any person, firm, corporation or entity 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 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; provided, however, that the following shall not be included within this definition:
(1) 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 town's subdivision regulations;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or the location of public utility rights-of-way;
(4) 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 town's subdivision regulations;
(5) The division of land into plots or lots for use as a cemetery; and
(6) Subdivisions resulting from proceedings to partition interests in lots or parcels pursuant to G.S. Ch. 46 (or any successor statute) resulting in the division of a lot or parcel into two or more lots or parcels except where the partition proceeding is brought to circumvent the provisions of this article or the town's subdivision regulations.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion or improvement of a structure, the cost of which exceeds 50% of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. SUBSTANTIAL IMPROVEMENT shall not include, however, any repair or improvement required to bring the structure into compliance with existing state or town code specifications necessary to ensure safe habitation of the structure.
SUBSTANTIAL MODIFICATION. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below:
(1) Increasing the existing vertical height of the structure by the greater of:
(a) More than 10%; or
(b) The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(2) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
(a) More than 20 feet; or
(b) More than the width of the wireless support structure at the level of the appurtenance.
(3) Increasing the square footage of the existing equipment compound by more than 2,500 square feet.
SURVEYOR. A person licensed to practice surveying in the state.
TEMPORARY STRUCTURE. A building placed on a lot for a specific purpose which is to be removed within a specified time period. Examples of temporary structures are monitoring stations, mobile classrooms, construction trailers and guard houses and produce stands.
TERMINAL, BUS OR TAXI. A facility for the storage, maintenance and dispatch of buses or taxi and associated customer ticketing and waiting areas. This definition includes only those uses in the following NAICS group(s):
485 | Transit and Ground Passenger Transportation |
TERMINAL, FREIGHT. Any facility for handling freight, with or without storage and maintenance facilities. This definition includes only those uses in the following NAICS group(s):
492 | Couriers and Messengers |
48849 | Other Support Activities for Road Transportation |
TESTING AND RESEARCH LABORATORY. An establishment primarily engaged in commercial research and providing testing services such as calibration and certification of instruments, food testing services, forensic laboratories, metallurgical testing and industrial X-ray inspection services, etc. This definition includes only those uses in the following NAICS group(s):
5417 | Scientific Research and Development Services |
THEATER, DRIVE-IN. An establishment for the outdoor viewing of motion pictures by patrons while in motor vehicles. This definition includes only those uses in the following NAICS group(s):
512132 | Drive-In Motion Picture Theaters |
THEATER, INDOOR. An establishment for the indoor viewing of motion pictures by patrons. This definition includes only those uses in the following NAICS group(s):
512131 | Motion Picture Theaters (except Drive-Ins) |
THOROUGHFARE. See STREET, ARTERIAL.
THOROUGHFARE PLAN. The most recent map adopted by the Town Board which indicates the system of roads expected to serve major access and travel needs with regard to auto, truck and transit transportation.
TIRE RECAPPING SHOPS. Establishments primarily engaged in repairing, re-treading and rebuilding tires from natural or synthetic rubber. This definition includes only those uses in the following NAICS group(s):
326212 | Tire Retreading |
TOWN. The Town of Mocksville, a municipal corporation organized under the laws of this state for the better government of the people within its jurisdiction and having the powers, duties, privileges, and immunities conferred by law on cities, towns, and villages.
TOWN RIGHT-OF-WAY. A right-of-way owned, leased, or operated by a town, including any public street or alley that is not a part of the state highway system.
TOWN UTILITY POLE. A pole owned by a town in the town right-of-way that provides lighting, traffic control, or a similar function.
TOWNHOUSE. See RESIDENTIAL BUILDING, TOWNHOUSE.
TRADITIONAL NEIGHBORHOOD. A traditional neighborhood is one that incorporates design principles that produce compact, mixed use, pedestrian scaled communities designed to:
(1) Promote independence of movement for the elderly and young by bringing many activities of daily living within walking distance;
(2) Reduce traffic congestion and road construction costs by reducing number and length of car trips;
(3) Use or allow for future use of alternative forms of transportation by organizing appropriate building densities;
(4) Improve security of public spaces organized to stimulate informal surveillance by residents and business operators;
(5) Enhance the sense of community and improve security through the provision of a range of housing types and workplaces in proximity to one another; and
(6) Provide accessible places for public assembly and civic engagement by identification of suitable sites for civic buildings.
TRANSITIONAL SETBACK OR YARD. The area, if any, along a thoroughfare, which lies between:
(1) The minimum setback or yard line for the zoning district measured from the existing street right-of-way line; and
(2) The minimum setback or yard line measured from the proposed right-of-way line.
TRANSITIONAL USE. A permitted use or structure that, by nature, level of activity or physical scale, acts as a transition or intermediate use between two or more incompatible uses.
TREE. A large, woody plant having one or more self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.
UNDERSTORY TREE. A species of tree which normally grows to a mature height of 15 to 35 feet in height and meets the specifications of the American Standards for Nursery Stock, published by the American Association of Nurseryman.
UNIVERSITY, COLLEGE AND JUNIOR COLLEGE. A use, whether privately-owned or publicly-owned, providing academic education beyond the high school level.
USE, ACCESSORY. A use or activity which is customarily incidental to a specific principal use and which is located on the same zoning lot as the associated principal use.
USE, PRINCIPAL. The primary or predominant use of any lot or parcel.
USE, TEMPORARY. A use established for a limited duration with the intent to discontinue the use upon the expiration of the time period.
U.S.G.S. United States Geological Survey.
UTILITIES. Facilities of any agency which, under public franchise or ownership, provides the general public with electricity, gas, oil, water, sewage, electronic sign or rail transportation. The term utility shall not be construed to include the following: corporate or general offices; storage or service buildings or yards; gas or oil processing, manufacturing or storage facilities; transmission towers; or postal facilities.
UTILITIES SERVICE AREA. An area, which contains any surface, mounted heating, ventilation or air conditioning equipment or freestanding above ground devices, such as utility boxes, booster boxes, switch gear and transformers, which are part of an underground utilities system:
(1) PRIVATE UTILITY SERVICE AREA. An area, on private property, which contains privately owned utility structures for the exclusive service of the premises where they are installed; or,
(2) PUBLIC UTILITY SERVICE AREA. An area, on either private or public property, which contains utility structure owned by a utility for the service of one or more premises, but excluding utility substations.
UTILITY POLE. A structure that is designed for and used to carry lines, cables, wires, lighting facilities or small wireless facilities for telephone, cable television, or electricity, or to provide lighting or wireless services.
VARIANCE. Relief from the requirements of this article granted by the Board of Adjustment.
VESTED RIGHT (ZONING). A right established pursuant to the provisions of this article to undertake and complete the development and use of property.
VETERINARY SERVICES. Any facility used for the purpose of giving licensed medical treatment to animals or pets and any other customarily incidental treatment of the animals, such as grooming, boarding or selling of pet supplies. This definition includes only those uses in the following NAICS group(s):
54194 | Veterinary Services |
81291 | Pet Care Services (except Veterinary) |
WALL SIGN. See SIGN, WALL.
WAREHOUSING. Establishments primarily engaged in the warehousing and storage of general merchandise, refrigerated goods and farm products. This definition includes only those uses in the following NAICS group(s):
4931 | Warehousing and Storage |
WAREHOUSING, SELF STORAGE. Establishments primarily engaged in the rental or leasing of mini-warehouses and self-storage units. This definition includes only those uses in the following NAICS group(s):
531130 | Warehousing, self storage |
WASTE INCINERATOR. A site with one or more facilities that use thermal combustion processes to destroy or alter the character or composition of waste products, not including hazardous waste management facilities.
WASTE TRANSFER STATION. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.
WATER DEPENDENT STRUCTURES. Those structures for which the use requires access or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, piers, bulkheads and similar structures. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER DEPENDENT STRUCTURES.
WATER SUPPLY WATERSHED. An area from which water drains to a point of impoundment and the water is then used principally as a source for a public water supply.
WATER TOWER. A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.
WATERSHED. The entire land area contributing surface drainage into a specific stream, creek, lake or other body of water.
WATERSHED BUFFER. A natural or vegetated area through which storm water 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 BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
WATERSHED CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed(whichever comes first); or one-half mile upstream from the intake located directly in the stream or river(run of the river) or the ridge line of the watershed(whichever comes first).
WATERSHED PROTECTED AREA. The area adjoining and upstream of the critical areas and encompassing the remainder of the watershed where risk of water quality degradation from pollution is less than in the critical area.
WHOLESALE TRADE A. An establishment primarily engaged in selling durable and non-durable goods to retailers; to industrial, commercial, institutional, farm, construction contractors; or for professional business uses; or to other wholesalers. Merchandise is stored inside enclosed buildings. Activities including physically assembling, sorting and grading goods in large lots and breaking bulk lots for redistribution in smaller lots are conducted inside enclosed buildings in a way as to have a minimal impact on surrounding properties. Operations with over 25% of sales to retail customers require the appropriate retail zoning district. This definition includes only those uses in the following NAICS group(s):
42112 | Motor Vehicle Supplies and New Parts Wholesalers |
4212 | Furniture and Home Furnishing Wholesalers |
4213 | Lumber and Other Construction Materials Wholesalers |
4214 | Professional and Commercial Equipment and Supplies Wholesaler |
4216 | Electrical Goods Wholesalers |
4217 | Hardware, Plumbing and Heating Equipment and Supplies Wholesalers |
4219 | Miscellaneous Durable Goods Wholesalers |
4221 | Paper and Paper Products Wholesalers |
4222 | Drugs and Druggists Sundries Wholesalers |
4223 | Apparel, Piece Goods and Notions Wholesalers |
4224 | Grocery and Related Products Wholesalers |
4228 | Beer, Wine and Distilled Alcoholic Beverage Wholesalers |
4229 | Miscellaneous Non-durable Goods Wholesalers (except 422910 Farm Supplies Wholesalers) |
WHOLESALE TRADE B. An establishment primarily engaged in selling durable and non-durable goods to retailers; to industrial, commercial, institutional, farm, construction contractors; or to professional business uses; or to other wholesalers. Merchandise may be stored outside or inside enclosed buildings. Activities including physically assembling, sorting and grading goods in large lots and breaking bulk lots for redistribution in smaller lots may be conducted outside enclosed buildings. Operations with over 25% of sales to retail customers require the appropriate retail zoning district. This definition includes only those uses in the following NAICS group(s):
4211 | Motor Vehicle and Motor Vehicle Parts and Supplies Wholesalers (except 42114 Motor Vehicle Parts Used Wholesalers) |
4215 | Metal and Mineral (excluding Petroleum Wholesalers) |
4218 | Machinery, Equipment and Supplies Wholesalers |
4225 | Farm Product Raw Material Wholesalers |
4226 | Chemical and Allied Products Wholesalers |
422910 | Farm Supplies Wholesalers |
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including
(1) Equipment associated with wireless communications; and
(2) Radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:
(a) The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
(b) Wireline backhaul facilities.
(c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or town utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(d) Amateur radio antennas. See also G.S. § 160D-931. See also the definition of AMATEUR RADIO ANTENNA.
WIRELESS INFRASTRUCTURE PROVIDER. Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.
WIRELESS SERVICES. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A new or existing structure, such as a monopole, lattice tower, or guyed tower, that is designed to support or capable of supporting wireless telecommunications facilities. A utility pole is not a wireless support structure.
WORKING DAY. Any day on which the offices of the town are officially open, not including Saturdays, Sundays and other holidays designated by the Town Board.
YARD. Any area of land located between a lot line and a required setback line. The minimum depth of a YARD shall be determined by horizontal measurement at a right angle from the applicable lot line.
YARD, FRONT. The yard extending across the full width of the lot and lying between the front lot line and the front setback line as required in this article.
YARD, INTERIOR SIDE. The yard extending along the length of the lot between the required front yard and the required rear yard and between the side lot line and the side building setback line, as required in this article; provided that, the side lot line is not adjacent to a public street right-of-way.
YARD, REAR. The yard extending across the full width of the lot and lying between the rear lot line and the rear building setback line as required in this article.
YARD, STREET SIDE. The yard extending along the length of the lot between the required front yard and the required rear yard adjacent to a public right-of-way or private access easement and between the side lot line and the side building setback line as required in this article.
ZERO LOT LINE. The location of a building on a lot in a manner that one of the building's sides rests directly on a lot line.
ZONING LOT. See LOT, ZONING.
ZONING MAP AMENDMENT OR REZONING.
(1) 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:
(a) The initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations; and
(b) The application of an overlay zoning district or a conditional zoning district.
(2) The term does not include:
(a) The initial adoption of a zoning map by a local government;
(b) The repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction; or
(c) 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.
(2003 Code, § 8-3.10.3) (Updated 2009) (Amended 3-6-2012; Amended 1-8-2013; Amended 11-5-2013; Amended 8-5-2014; Amended 12-2-2014; Amended 10-3-2017; Amended 5-1-2018; Amended 3-12-2020; Amended 6-2-2020; Amended 6-1-2021)