For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein when not inconsistent with the context; words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The words “used for” shall include the meaning “designed for”.
(A) General definitions.
ABANDONED. A use shall be considered ABANDONED when:
(a) The use is discontinued for a continuous period of at least 180 days, other than in association with the settlement of an estate or for any cause that is seasonal in nature;
(b) The premises are devoted to another use; or
(c) Failure to take all positive action to resume the non-conforming use with reasonable dispatch, including the failure to advertise the property for sale or for lease for a period of at least two years.
ABC STORE. A retail establishment at which liquors are sold to the general public and which is run under the auspices of the local Alcohol and Beverage Control (ABC) Board.
ACCESSORY USE OR ACCESSORY BUILDING (NON-RESIDENTIAL). A subordinate use or building customarily incident to and located on the same lot with the main use building.
ACCESSORY USE OR ACCESSORY BUILDING (RESIDENTIAL). A non-commercial use or building customarily incident and subordinate to, but located on, the same lot with the main residential use or building such as a private garage or carport, family garden, personal storage building or workshop, all of which are totally for personal use.
ACCOUNTING, AUDITING or BOOKKEEPING. Establishments primarily engaged in furnishing accounting, bookkeeping and related auditing services. These establishments may use data processing and tabulating techniques as part of providing their services.
ACTIVE CONSTRUCTION. On-site activities not discontinued for a continuous period of at least 180 days, such as installation, erection, fabrication, alteration, demolition or removal of structures, facilities or additions that contribute directly to the completion of improvements contemplated or shown on construction plans.
ADJACENT PROPERTY(IES). One or more lots or tracts that abut or touch and having a boundary, or portion thereof, which is contiguous to the lot in question. Such determination shall be made by extending the exterior lot lines of the lot in question to adjacent lots and/or adjacent roads, streams, easements or rights-of-way. The terms ADJACENT or ADJACENT PROPERTY shall also mean CONTIGUOUS or CONTIGUOUS PROPERTY, ABUTTING or ABUTTING PROPERTY, ADJACENT or ADJACENT PROPERTY.
ADMINISTRATIVE OR MANAGEMENT SERVICES. Pertaining to the performance of executive duties, or directing the execution, application or conduct of duties of an office, business or institution.
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 G.S. Ch. 160D or this ordinance. These are sometimes referred to as MINISTERIAL DECISIONS or ADMINISTRATIVE DETERMINATIONS.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ADVERTISING AGENCIES OR REPRESENTATIVES. Office-type facilities within a building occupied by businesses that provide professional services to other businesses and/or engaged in the production of intellectual property.
ADULT ESTABLISHMENT. Any establishment open only to the adult public, including, but not limited to: adult arcade; adult bookstores; adult cabaret; adult motel; adult motion picture theater; adult theater; adult video stores; escort agency; nude model studios; sexual encounter centers; or adult live entertainment businesses.
AGRICULTURAL USE.
(a) The commercial production, keeping or maintenance, of plant and animals useful to humans, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts; vegetables; nursery, floral and ornamental products; or lands devoted to a soil conservation or forestry management program.
(b) Uses which shall not be deemed as AGRICULTURAL USES include:
1. Zoos;
2. Kennels; and
3. Riding stables.
ALLEY. A travel way that affords only a secondary means of access to an abutting property and is not intended for general traffic circulation.
AMBULANCE SERVICES. The transportation of patients by emergency or non- emergency ambulance.
AMUSEMENT AND SPORTING FACILITY, INDOOR. A facility providing entertainment or games of skill activities to the general public for a fee and that is wholly enclosed in a building. This shall include, but not be limited to: a bowling alley; skating rink; and movie theater. This definition does not include game rooms.
AMUSEMENT ARCADE. A place of entertainment primarily featuring coin-operated gaming machines.
AMUSEMENT PARK. A commercially operated park that offers rides, games and other forms of entertainment.
ANIMAL GROOMING SERVICE FOR HOUSEHOLD PETS (NO OVERNIGHT BOARDING). A facility where animals are groomed, shampooed, clipped and the like.
ANIMAL HOSPITAL, TOTALLY ENCLOSED. A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. All facilities associated with an ANIMAL HOSPITAL shall be located indoors.
ANTENNA. Any system of wires, poles, rods or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
ANTENNA, AMATEUR RADIO. An antenna owned and utilized by a FCC-licensed amateur radio operator.
APARTMENT. A room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family and is located in a building that contains two or more such rooms or suites.
APPEAL. A request to a higher authority as a result of a decision determined by the Administrator or governing body, elected or appointed.
ART GALLERY. A commercial establishment where individual pieces of art are sold to the general public on a retail basis. Works of art may also occasionally be sold on an auction basis at such an establishment.
ARTICULATION. A building’s detailing and ornamentation, which includes windows, balconies, porches, entries and the like. It divides large buildings into smaller identifiable pieces.
ATM (INCIDENTAL TO BANK) (STAND ALONE). An automated device that performs banking or financial functions at a location outside of or remote from the controlling financial institution.
ASSISTED LIVING CENTER. An institution licensed by the state as an “assisted living residence” and which provides, at a minimum, one meal a day, housekeeping service and personal care services to seven or more aged or disabled residents.
ASSOCIATIONS OR ORGANIZATIONS, SOCIAL AND FRATERNAL. Associations or organizations which are restricted to members and guests of members of a non-profit association or corporation, including accessory uses, such as recreational facilities, banquet facilities and overnight lodging for members, but not including the sale of goods or services to the general public on the premises on a regular basis, or commercial outdoor recreational or entertainment activities.
AUCTION HOUSE. A public or private sale in which property or items of merchandise are sold to the highest bidder.
AUDITORIUM/ASSEMBLY HALL/AMPHITHEATER. A structure or facility designed, intended or used primarily for outside and/or inside performing art events or other spectator events and contains seating for spectators of those events. The sale of beverages, snack foods and sundries geared to on-premise consumption or usage by spectators shall be permitted.
AUTOMOBILE BODY SHOP. Any building, premises and land in which or upon which a business is conducted that primarily involves the painting or external repairing or damaged vehicles. This use is not to be construed as a junkyard and salvage yard. The storage of wreck or damaged vehicles that no work is being performed on is prohibited.
AUTOMOBILE PARKING LOTS AND FACILITIES FOR PERMITTED USES IN THE DISTRICT. A lot or facility in which automobiles are stored for long periods of time with intentions to be sold or for long-term storage.
AUTOMOBILE PARKING (COMMERCIAL). Establishments primarily engaged in providing parking spaces for motor vehicles, usually on an hourly, daily or monthly basis and/or valet parking services.
AUTOMOBILE RENTAL AND LEASING. Any building, premises, and land, in which the primary use is a business that involves the renting or leasing of automobiles, trucks, motorcycles, boats and recreational vehicles.
AUTOMOBILE REPAIR AND SERVICE SHOP. A commercial establishment whose primary purpose involves the maintenance and servicing of vehicles. “Auto body work” (i.e., work normally associated with an “automobile body shop,”) may not be performed on premises unless the zoning district in which the use is located allows an “automobile body shop”. The sale of automotive fuels and accessory automobile parts to the public may be provided on an accessory basis. Notwithstanding, an AUTOMOBILE REPAIR SHOP is differentiated from an “auto parts store” in that the sale of automotive parts is not the primary service being offered.
AUTOMOBILE TOWING AND STORAGE SERVICE. An establishment primarily engaged in the towing of motor vehicles and vehicular storage associated with vehicle accidents and violations. This shall not include vehicular salvaging operations or the sale of salvaged vehicular parts. This use is not to be construed as a junkyard and salvage yard. An AUTOMOBILE TOWING AND WRECKER SERVICE may be part of an “automobile body shop” in zoning districts where an “automobile body shop” is allowed. (The storage area of any towed vehicle must conform to Ch. 10 of this Zoning Code, and must be completed prior to permitting the operation.)
AUTOMOBILE WASHING FACILITIES, AUTOMATED. Any automobile cleaning facility which provides exterior washing and cleaning on a drive-through or roll-over basis.
AUTOMOBILE WASHING FACILITIES, FULL-SERVICE. Any automobile cleaning facility which provides exterior and interior washing and cleaning services for automobiles and other motor vehicles.
AUTOMOBILE WASHING FACILITIES, SELF-SERVICE. Any automobile cleaning facility where equipment and/or facilities are provided for the self-service cleaning of automobiles and other motor vehicles.
AUTOMOBILE WRECKING OR JUNK YARDS. Any tract of land, establishment or place of business and which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined dismantled or inoperable motor vehicles or motor vehicle parts and which are not being restored to operation for profit.
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 to include a canopy.
BATTING CAGES. A place of business with an indoor/outdoor temporary or permanent type cage for the hitting of a baseball as practice or recreation. The baseball may either be pitched by a person or by a pitching machine within the cage to a batter within the cage to disallow the ball from going outside of the cage.
BANNER. A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational or corporate organizations.
BED AND BREAKFAST INN. A use that:
(a) Takes place within a building that prior to such establishment, was designed and used as a dwelling;
(b) That consists of renting one or more dwelling rooms on a daily basis to tourists, vacationers and similar transients;
(c) The use shall contain only one kitchen facility. Meals served on the premises shall be only for overnight guests and residents of the facility;
(d) The inn shall be operated by a resident manager; and
(e) The use of such facility by any one person shall be limited to no more than 15 days per 60-day period.
BEDROOM. A room for sleeping in.
BILLBOARD. See SIGN, OFF-PREMISES ADVERTISING.
BILLIARD PARLOR. Business establishments open to the public whose primary source of income is from billiards.
BINGO GAMES. A game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a card in the player’s possession that conforms to numbers or symbols selected at random and announced by a live caller. The GAME OF BINGO also includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards may not be known prior to the game by any person participating in the playing or operation of the BINGO GAME. Only a covered or marked card possessed by a player and presented to an attendant may be used to claim a prize.
BOTTLE SHOP. A place that specializes in the retail sale of craft beer and wine, particularly in the form of bottles or cans, for offsite consumption; this use may also be used in conjunction with a taproom or tasting room under Ch. 7 of this Zoning Code, Note 30.
BREWERY. A place where beer is made commercially.
BREW-PUB. A commercial establishment which meets the definitions of a restaurant under the requirements of this ordinance and North Carolina ABC laws, which establishes a minimum percentage of sales of food; and which brews beer and malt beverages primarily for the purposes of on premises consumption.
BUILDING. Any structure either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a BUILDING. Also, as defined in G.S. § 160D-1101.
BUILDING ELEVATION. The view of any building or other structure from any one of four sides showing features such as construction materials, design, height, dimensions, windows, doors, other architectural features and the relationship of grade to floor level.
BUILDING FACE. The dominant structural feature of the elevation of any side of a building.
BUILDING FOOTPRINT. The outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the BUILDING FOOTPRINT shall be the area under the horizontal projection of the roof.
BUILDING, HEIGHT OF. The vertical distance measured at the front of the building, from the lowest ground level finished floor elevation, excluding basements, to the highest point of the building not exempted by the applicable height regulations of this ordinance. (See Appendix illustration A-3.)
BUILDING, PRINCIPAL. The principal structure in which the primary activity of the property is undertaken.
BUILDING, STORY. The vertical distance of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above, then the space between such floor and ceiling next above it; provided that, a cellar will not be considered a STORY.
BUILDING MATERIALS AND LUMBER SALES. An establishment where lumber and building materials goods are the primary products sold.
BUS STATION. Any premises for the transient housing or parking of inter-city motor-driven buses (e.g., Greyhound, Trailways) and the loading and unloading of passengers going on such bus trips. Refer to “transit station” for facilities designed to accommodate intra-city transit services.
BUSINESS SERVICES AND PHOTOCOPYING. The provision of services required for the day-to-day operation of a business such as, but not limited to, consulting service, photocopy or office supply. Such stores may have extended operating hours.
CEMETERY. Property used for the interment of the deceased, which use may include the commercial sale and location of burial lots, crypts or vaults for use exclusively on the subject property. A CEMETERY shall not be used for the preparation or embalming of bodies or the cremation of bodies. This definition shall be construed to include bona fide PET CEMETERIES.
CHURCH/PLACE OF WORSHIP. A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services whose site may include an accessory area for the interment of the deceased. Certain customary accessory uses shall be allowed to take place on church premises. These include bookshops, recreation centers, outdoor playing fields, youth facilities, parsonage, cemetery, food pantry and certain types of day care centers and schools. The overnight lodging of transient persons shall not be considered as a customary accessory use. Such accessory uses shall be subject to any applicable supplemental regulations located elsewhere in this ordinance.
CLUB, PRIVATE (WITHOUT ADULT ENTERTAINMENT).
(a) For-profit establishments that:
1. Is organized and operated solely for social and recreational purposes;
2. Which may include the sale of alcoholic beverages; and
3. That is not open to the general public, but open only to the members of the organization and their bona fide guests.
(b) Excluded from this definition are facilities used by non-profit fraternal and service organizations.
CLUSTER MAILBOX. A business and residential mail delivery service from a convenient central location as required by the United States Postal Service. Centralized mail delivery equipment can be in the form of any CLUSTERED type mailbox, including freestanding, pedestal-mounted cluster box unit (CBU) or other cluster mailboxes mounted in a wall, kiosk or shelter.
COLLEGE/UNIVERSITY. A private or public educational institution where students attend to earn associates, baccalaureate, masters or doctoral degrees. A COLLEGE/ UNIVERSITY shall not be considered a “vocational school” or a “school for the arts”.
COMMERCIAL MESSAGE. Any sign, wording, logo or other representation, that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMON OPEN SPACE. The open space land held in common ownership by property or unit owners in a development, normally provided for in the declaration or restrictive covenants and normally in common use.
CONDOMINIUM or CONDOMINIUM UNIT. A residential or non-residential unit or enclosed space in a multi unit structure, designed for individual ownership including common areas and facilities shared by all owners.
CONSTRUCTION TRAILER (§ 3.16) TEMPORARY USE. A structure standing on wheels towed or hauled by another vehicle and used for neither overnight, nor year-round, occupancy at a construction site on a temporary basis for office and/or storage purposes.
CONTRACTOR’S OFFICE. Any establishment from which services are contracted for building construction, building repair or building equipment installation or repair, such as, but not limited to flooring, HVAC, plumbing and the like. Employee vehicles are not to exceed one ton in weight.
CONVENIENCE STORE. A one-story, retail store containing less than 3,000 square feet of gross floor area that is designed and stocked to sell primarily fuel, food (packaged and/or prepared), beverages and other household supplies to customers who purchase relatively few items (in contrast to a “grocery store”). A CONVENIENCE STORE is designed to attract and depends upon a large volume of stop-and-go traffic.
CORRECTIONAL FACILITY. A facility operated by a governmental entity (or a private contractor thereof) used primarily for the incarceration or housing of persons serving criminal sentences. State prisons, prison camps and penitentiaries are examples of such a facility.
DANCE HALL. An adult establishment that has a primary function of providing music for the purpose of dancing.
DAY CARE CENTER. A facility providing care for six or more non-handicapped children, more than four hours per day, for payment of a fee, but without transfer or assignment of custody.
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. Unless the context clearly indicates otherwise, the term means any of the following:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site or demolition of any structure;
(b) The excavation, grading, filling, clearing or alteration of land;
(c) The subdivision of land as defined in G.S. § 160D-802; and
(d) The initiation or substantial change in the use of land or the intensity of use of land.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this ordinance that is written and that is required prior to commencing development or undertaking a specific activity, project or development proposal. DEVELOPMENT APPROVALS include, but are not limited to, zoning permits, site plan approvals, special use permits, variances and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. Ch. 160D, including plat approvals, permits issued, development agreements entered into and building permits issued.
DISTILLERY. A commercial establishment which meet the definition by the state for production of “spirituous liquor” or “liquor” means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur and premixed cocktails, in closed containers for beverage use regardless of their dilution.
DRIVE-THROUGH FACILITY. A business or facility which is designed or intended to enable a customer to transact business without exiting a motor vehicle parked on or moving through the premises.
DWELLING, DUPLEX. Two dwelling units, attached along and sharing one or more common walls.
DWELLING, MIXED-USE. A structure that contains both a principal residential and non- residential (i.e., office or retail) uses and must comply with Ch. 7 of this Zoning Code, Note 5, if more than one dwelling unit is part of the mixed-use dwelling.
DWELLING, SINGLE-FAMILY. A detached building constructed on-site in compliance with the North Carolina State Building Code and designed for or occupied exclusively by one family.
DWELLING, MULTI-FAMILY. A building containing two or more dwelling units.
DWELLING, TOWN HOME. A form of single-family attached dwelling where three or more dwelling units located on separate lots are joined by a common building wall.
DWELLING UNIT. Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. This term does not include any manufactured home, mobile home or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING UNIT, ACCESSORY (ADU). A dwelling unit that exists either as part of a principal dwelling, or as an accessory building, and is secondary and incidental to the use of the property as single-family residential.
EASEMENT. A grant by a property owner to the public, a corporation or other person or persons of the right to use an identifiable piece of land for specified purposes, such as for access or utilities, and which has been recorded in the Gaston County Register of Deeds office.
ELECTRIC HEATING, PLUMBING, HVAC SALES AND SERVICE. The supply and sales or heating, air conditioning, ventilating, plumbing equipment and accessories.
ENCROACHMENT. The projection or intrusion of a building, structure or other land- disturbing activity into an area where such projections are typically prohibited.
EVIDENTIARY HEARING. A hearing to gather competent, material and substantial evidence in order to make findings for a quasi-judicial decision required by this ordinance.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina Zoning Law, G.S. § 160D-108, as of the effective date of these provisions based on at least one of the following criteria:
(a) Six months – building permits. Pursuant to G.S. § 160D-1111, a building permit expires six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced.
(b) One year – development approvals/permits. Pursuant to G.S. § 160D-403(c), unless otherwise specified by this section, statute or ordinance, all development approvals or permits expire one year after issuance unless work has substantially commenced. Expiration of a local development approval or permit does not affect the duration of a vested right established as a site-specific vesting plan, a multiphase development plan, a development agreement or vested rights established under common law.
(c) Two to five years – site-specific vesting plans.
1. Duration. A vested right for a site-specific vesting plan shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the City Council. This determination shall be at the discretion of the City Council and shall be made following the process specified by division (C)3. below for the particular form of a site-specific vesting plan involved.
2. Relation to building permits. A right vested as provided in this division (c) shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. §§ 160D-1109 and 160D-1113 shall apply; except that, the permit shall not expire or be revoked because of the running of time while vested right under this division (c)2. exists.
3. Requirements for site-specific vesting plans. For the purposes of this section, a SITE-SPECIFIC VESTING PLAN means a plan submitted to the City Council describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special use permit, a conditional zoning or any other development approval as may be used by the City Council. Unless otherwise expressly provided by this ordinance, the plan shall include the approximate boundaries of the site; significant topographical and other natural features effecting development of the site; the approximate location on the site of the proposed buildings, structures and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads and pedestrian walkways. What constitutes a site-specific vesting plan shall be defined by this ordinance and the development approval that triggers vesting shall be so identified. A variance shall not constitute a site-specific vesting plan and approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan.
4. Process for approval and amendment of site-specific vesting plans. If a site- specific vesting plan is based on an approval required by this ordinance, the City Council shall provide whatever notice and hearing is required for that underlying approval. If the duration of the underlying approval is less than two years, that shall not affect the duration of the site- specific vesting established by this division (c)4. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice as required by G.S. § 160D-602 shall be held. The City Council may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval shall result in a vested right, although failure to abide by such terms and conditions will result in forfeiture of vested rights. The City Council shall not require a landowner to waive vested rights as a condition of development approval. A site-specific vesting plan shall be deemed approved upon the effective date of the City Council’s decision approving the plan or such other date as determined by the City Council upon approval. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the City Council as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modification may be approved by staff, as authorized by § 15.6 of this Zoning Code.
(d) Seven years – multi-phase developments. A multi-phased development shall be vested for the entire development with the zoning regulations, subdivision regulations and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phased development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. For purposes of this division (d), MULTI-PHASED DEVELOPMENT means a development containing 25 acres or more that is both of the following:
1. Submitted for development permit approval for construction to occur in more than one phase; and
2. Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
EXTERMINATOR’S OFFICE. A business designed to apply measures to either control or eliminate indoor or outdoor pests.
EXTRATERRITORIAL JURISDICTION. The area adjacent to and beyond the municipal limits over which the municipality has been granted an exercise of municipal governmental powers, including but not limited to the power to regulate development, in accordance with G.S. §§ 160D-201 to 160D-202.
FACADE. The exterior wall of a building exposed to public view or that wall viewed by persons who are not in such building.
FAMILY. Any number of persons related by blood, adoption or marriage or no more than four persons not related by blood, adoption or marriage, living together as a single housekeeping unit sharing the same domestic facilities. It does not include congregate residential care facilities; family care and group care facilities; foster homes for children; homes for the aged and infirm; family care homes for the aged and infirm; day care facilities; day care centers; and family day care homes; shelter homes for children and/or families including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums; and dormitories, fraternal organizations or other organized social or institutional residential situations.
FAMILY DAY CARE HOME. A building used as a residence for a family which is also used to provide day care services on a temporary basis without transfer of custody for five or fewer children, for a fee.
FAMILY CARE HOME. A home with support and supervisory personnel which provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons.
FARM MACHINERY SALES AND SERVICE. An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities.
FARMER’S PRODUCE MARKET. An outdoor market comprised exclusively of vendors who make, bake or grow the products they sell. (See Ch. 7 of this Zoning Code, Note 26.)
FARMER’S OR PRODUCE MARKET. A market at which fruits and vegetables are regularly sold to the general public on a retail basis. Other food items, handmade crafts and baked goods not native to this region may also be sold at such establishments; provided, these items may not constitute a majority of total sales.
FENCE. An exterior structure serving as an enclosure, barrier or boundary constructed of materials commonly considered to be fence materials.
FINANCIAL OR BANKING INSTITUTION. A commercial bank, a mortgage bank, a savings bank, a saving and loan association or a credit union any of which are licensed, insured or chartered by the United States of America or the State of North Carolina. Manned drive- through services are provided on site. Outdoor automatic teller machines (ATMs) may or may not be provided.
FLAG. A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature.
FLEA MARKET. A market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities, booths or temporary structures.
FLOOR AREA RATIO (FAR). The gross floor area of a building or buildings divided by the area of the lot or parcel of land on which the building or buildings are located.
FOOD CATERING FACILITY. A facility at which a prearranged amount and type of food is prepared for consumption off-premises or in a meeting room on premises. A FOOD CATERING FACILITY differs from a restaurant in that food is not offered for sale to the general public on a retail basis.
FORTUNE-TELLER. Any person who, for pay or for any consideration whatsoever, engages in the practice of fortune-telling as herein defined unless otherwise excepted.
FORTUNE-TELLING. The telling of fortunes, forecasting of futures or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, chiromancy, clairvoyance, clair-audience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, telepathy or other craft art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature.
FORTUNE-TELLING BUSINESS. Any business or individual person whose business it is to practice astrology, palm reading, fortune telling, clairvoyant or character reading for a fee or as a business practice.
FRONTAGE. The property abutting on one side of a street measured along the street line.
FUNERAL HOME. A facility used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith. Such facility may also sell caskets and other items associated with a funeral service.
FURNITURE STORE. A retail establishment that is primarily engaged in the sale of home or office furniture and related goods.
GARAGE, PRIVATE. A building or premises used for the storage of motor vehicles as an accessory to or part of the main building permitted in any residential district, but in which no business, occupation or service for profit is conducted.
GARAGE, PUBLIC. Any building or premises, except a private garage or storage garage, used for the repair or care of motor vehicles for a charge or fee or for resale.
GARAGE, STORAGE. Any building or premises, other than a private garage or a public garage, used exclusively for the parking or the storage of motor vehicles.
GARDEN CENTER or RETAIL NURSERIES. A retail sales and service establishment with retail sales of nursery stock and accessory supplies, fresh produce, landscaping supplies, lawn furniture, playground equipment, topsoil, mulching materials, garden tractors, utility vehicles and lawn mowers and similar powered lawn and garden equipment and other similar supplies and equipment used for lawn and garden purposes and retail repair and service for such equipment.
GOLF COURSE, INCLUDING PRO SHOP. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; “pro shops” which is an ancillary structure or area provided for on-site sale or supply of golfing equipment; and golf cart storage and sales facilities.
GOLF DRIVING RANGES. A tract of land as an accessory use dedicated to driving of golf balls off tees into a designated landing area. Pertaining to RECREATIONAL DRIVING RANGES, for regulations except where the DRIVING RANGE is internal to the golf course.
GOVERNMENTAL, OFFICES AND FACILITIES. To accommodate public or quasi-public uses. Such uses may include federal, state or local government offices, museums, libraries, educational facilities, health care complexes and any other type of public facilities.
GROSS FLOOR AREA.
(a) The total floor area enclosed within a building, including interior balconies and mezzanines, exclusive, however, of stairways and elevator shafts, as measured from the exterior faces of exterior walls.
(b) For multi-family units, the total floor area contained within an individual unit as measured from the inside of the exterior walls of the units, excluding, however, that area within a stairway.
(c) For the purposes of computing floor area ratio, the total floor area designed for residential use enclosed within a building as measured from the exterior faces of exterior walls, and includes such spaces as halls, stairs, elevators and management offices, but excludes floor area devoted to the parking of automobiles.
GREENWAY. Linear open space that is generally established along a corridor that can be used for connectivity (trails) or water quality protection.
HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but does not include mentally ill persons who are dangerous to others, as defined in G.S. Ch. 122C, or any amendment thereto.
HARDWARE STORE. A hardware store sells items such as, but not limited to, fasteners, keys, locks, hinges, wire, chains, plumbing supplies, tools, utensils, cutlery and machine parts and the like.
HEALTH AND BEHAVIORAL CARE FACILITY. A facility designed to offer two or more health and behavioral services to clients. Such services may include limited medical care and health education, parenting program, adoption agency and counseling center.
HEALTH CLUB, SPA, GYMNASIUM (PRINCIPAL USE). A place of business with equipment and facilities for exercising and improving physical fitness.
HOME OCCUPATION. A professional occupation conducted within a portion of a main dwelling unit, which does not adversely impact or change the residential character of the neighborhood and which is carried on continuously and regularly.
HOSPITAL. An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, including related facilities such as laboratories, outpatient services, training facilities, central service facilities, emergency services and staff offices. A HOSPITAL shall provide facilities for the overnight and extended stay of persons in need of medical treatment and may have accessory uses such as a prayer chapel, gift shop, cafeteria and the like that serves the needs of staff, patients and visitors.
HOTEL or MOTEL. A building which provides sleeping accommodations in six or more rooms, commonly available for pay on a daily basis to transient or permanent guests.
HYDROELECTRIC POWER, DAMS AND RELATED FACILITIES. The production of electricity by the conversion of energy from running water, which is typically associated with a dam, a barrier of concrete, earth or similar materials, built across a stream or river to create a body of water for hydroelectric power station and/or domestic water supply, or related facilities in conjunction with the production of hydropower.
INDOOR MINIATURE GOLF. A novelty golf game played in an indoor facility with a putter on a miniature course usually having tunnels, bridges, sharp corners and obstacles.
JUNK YARD. 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 or machinery of parts thereof.
KENNEL. Any activity involving the permanent or temporary keeping of animals as a commercial activity.
LABORATORIES – DENTAL, MEDICAL.
(a) DENTAL LABORATORIES are considered light manufacturing for products of dental restoration based on the order of a dentist.
(b) A MEDICAL LABORATORY is any institution, building or place which provides the examination of blood, tissues, secretions and excretions of the human body or any function of the human body.
LANDOWNER. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of such owner in fee simple. The owner may allow a person holding a valid option to purchase, to act as his or her agent or representative for purposes of submitting a proposed site-specific development plan in the manner allowed by this chapter.
LAUNDROMAT. A commercial facility open to the general public where coin-operated washing and drying machines are available for use.
LEGISLATIVE DECISION. The adoption, amendment or repeal of a regulation under G.S. Ch. 160D or an applicable local act. The term also includes the decision to approve, amend or rescind a development agreement consistent with the provisions of G.S. Ch. 160D, Art. 10StateRef.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIBRARY. A public facility for the shared use, but not sale, of literary, musical, artistic or reference materials.
LOT. A parcel of land, the boundaries of which are established by some legal instrument such as a deed or a recorded plat (but not tax maps) and which is recognized as a separate tract for purposes of transfer of title. If a public road crosses a parcel of land which would otherwise, by this definition, be a LOT, the land on either side of the road shall constitute separate LOTS.
LOT, AREA. The area of land within a lot excluding any part under water and any part within any public right-of-way or any area dedicated for a public purpose.
LOT, CORNER. A lot adjacent to or abutting on two streets at their intersection.
LOT OF RECORD. A lot which is a part of a subdivisions, a plat of which has been recorded in the office of the Register of Deeds for Gaston County, or a lot which is described by metes and bounds, the description of which has been so recorded, prior to the effective date of this ordinance, or the date this ordinance becomes effective on any lands hereafter included in the zoning jurisdiction of Mount Holly.
LOT, DEPTH. The depth of a lot is the distance measured in the mean direction of the sidelines of the lot from the midpoint of the front line to the midpoint of the opposite or main rear line of the lot.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. The line forming the perimeter or boundary of the lot.
LOT, THROUGH. An interior lot having frontage on two streets. (Double frontage.)
LOT, WIDTH. The distance from side lot line to side lot line measured at the minimum front yard setback parallel to the front property line. For lots with a radial side line(s), LOT WIDTH may be measured at a front yard setback of up to 15 feet greater than the minimum required front yard setback. In such case, the point where the MINIMUM LOT WIDTH is measured shall become the front yard setback for that lot. (See Appendix Illustration A-4.)
LOUNGE. An establishment which is primarily devoted to the retailing and on-premises consumption of alcoholic beverages (not produced on-site), and is licensed by the state to dispense or sell alcoholic beverages. LOUNGES may also offer food service and provide limited live entertainment and events which will be completely contained within the principal structure of the establishment. These performances/events will be of limited scale, ancillary to the primary use, and will not constitute the level of performance or/and generate the impact(s) that is associated with dance halls, which are defined in this section.
MACHINE, METAL SHOP. A workshop, in which work, including, but not limited to, metal and woodwork, is machined, assembled or finished.
MARINA, COMMERCIAL. A commercial facility containing moorings and boat slips available for use by the general public and which may also offer supply and repair services.
MICROBREWERY. An establishment where beer is made on premises for in-house consumption and may be sold at wholesale or retail off premises.
MINIATURE GOLF FACILITIES. A novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners and obstacles.
MINI-WAREHOUSE. A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. No outdoor storage shall be allowed in conjunction with the facility with the following exceptions: boats, cars; motorcycles; trailers; motor homes, pickup trucks and similar-type and size vehicles. All such areas devoted for outdoor storage shall be in areas so designated for such storage. Use of the leased storage spaces shall be for storage purposes only.
MINOR MODIFICATIONS (ADMINISTRATIVE AMENDMENTS). These are administrative modifications to conditional zoning, special use permits and other development approvals, which must follow standard practices outlined in this ordinance. Procedures for these are found in §§ 12.6, 12.7 and 15.6 of this Zoning Code.
MOBILE HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. MANUFACTURED HOME includes any structure that meets all of the requirements hereof, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before 6-15-1976, MANUFACTURED HOME means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
MOBILE HOME, CLASS “A”. A mobile 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 additional criteria contained in § 5.15 of this Zoning Code.
MOBILE HOME, CLASS “B”. A mobile 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 was in effect at the time of construction.
MOBILE HOME PARK. A lot or tract of land used or intended to be used, leased or rented for occupancy by two or more mobile homes, but does not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale. (See § 5.16 of this Zoning Code.)
MODEL SALES HOME. A permanent building intended for ultimate use as a residential dwelling unit that is typical of the dwellings in the residential development where it is located and which is temporarily used by the builder for the purpose of display and sales associated with residential property where the builder has other homes for sale in the same development or subdivision.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and constructed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that, the modular home meets the North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.
MULTI-FAMILY DEVELOPMENT. A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements; planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such DEVELOPMENT shall consist of two or more duplex buildings, or three or more dwelling units sharing one or more common walls. The DEVELOPMENT shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area.
MUSEUM AND ART GALLERIES. A structure that serves as a repository for a collection of curiosities or objects of interest or works of art intended to be viewed by members of the public with or without admission costs. It may include an accessory use with the sale of goods/gifts to the public and/or an eating establishment for visitors and employees.
NET RESIDENTIAL AREA. The portion of a development or project site designated for residential lots and related common open space areas.
NIGHTCLUB. An adult establishment that remains open for business late at night and provides drinks, entertainment and/or music for dancing.
NON-CONFORMING USE. Any use which legally existed on the effective date of this ordinance, and which does not conform with each regulation of the zoning district in which it is located, including any non-conforming use legally recognized under a prior zoning ordinance.
NURSING HOME and CONVALESCENT CARE. A licensed facility that provides supportive service to six or more elderly or disabled in-house residents who need a wide range of health and support services located on the site, such as medical and nursing care, central dining and transportation services.
OFFICE. A room or group of rooms used for the conduct of a business, profession, service, industry or government where retail trade is not conducted.
OFFICE, MEDICAL SERVICES. An office (as herein defined) facility containing space for patient waiting rooms, treatment areas and laboratory space for medical doctors (MDs), osteopaths, chiropractors, dentists, podiatrists, acupuncturists, psychologists, licensed nurse/ midwives, licensed physical therapists, licensed nurse practitioners, licensed respiratory therapists or optometrists.
OPEN SPACE. Any land area not occupied by buildings, structures, parking spaces, storage areas, open or enclosed balconies, patios, porches or decks, excluding, however, any land encroaching or located within a right-of-way or easement. Open area in any required setback or land used for sidewalks, landscaping and grassing shall be considered OPEN SPACE.
ORPHANAGES. Institutions for the care of orphans.
OUTDOOR RESORT. For commercial purposes, a campus of structures and spaces that provide temporary lodging, entertainment, amenities, conveniences and comfort stations for recreational purposes. It is not designed for long-term permanent housing or principle residences. Rental accommodations include designated areas for camp sites, RV and camping trailer campsites, resort cabins, tree houses, yurts and lodges for short-term rental.
OUTFITTER. An establishment that sells clothing, equipment and services, especially for outdoor activities.
PARAPET. The portion of a building wall or false front that extends above the roofline.
PARK. A facility operated by a public entity that is open to the public for outdoor active recreational uses, including, but not limited to: ballfields; swimming facilities; camping facilities; and which contains improvements designed specifically for such active recreational uses. Such facilities may also contain improvements designed for passive recreational uses.
PARKING LOT. An area or tract or partial tract of land used for the storage or parking of vehicles.
PERMIT, ZONING. A document issued by the Administrator that is required before commencing any construction, reconstruction, alteration, conversion or installation of a building or structure or before establishing, extending or changing any use on any lot.
PHILANTHROPIC INSTITUTIONS. Non-profit non-governmental entities that utilize donated assets and income to provide social useful services. Community foundations, endowments and charitable trusts are types of PHILANTHROPIC ORGANIZATIONS.
PHOTO FINISH LABORATORY. A business establishment primarily engaged in developing film, making photographic prints and enlargements or retouching photographs for businesses or for the general public.
PHYSICAL FITNESS CENTERS. A health, recreational and social facility geared towards exercise, sports and other physical activities. It may be a for-profit commercial facility or a community- or institutionally-supported center.
PLANNED UNIT DEVELOPMENT (PUD). A type of building development and also a regulatory process. As a building development, it is a designed grouping of both varied and compatible land uses, such as housing, recreation, commercial centers and industrial parks, all within one contained development or subdivision. Is used to describe a type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements.
PORCH. A projection from an outside wall of a dwelling which is covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) for the purpose of providing shade or shelter from the elements.
POST OFFICE. A facility operated by the United States Postal Service for the delivery of both domestic and international mail.
PROPERTY. All property subject to zoning regulations and restrictions and zone boundaries within the zoning jurisdiction of the city.
PSYCHIATRIC HOSPITALS. An institution intended primarily for the admission, diagnosis and intensive short-term treatment of patients with mental illness or behavior or emotional disorders.
PUBLIC INFORMATION MEETINGS (PIM). Meetings to provide an opportunity for area residents and developers to meet, review and discuss proposed development plans. These meetings are required to be held in conjunction with a conditional district rezoning.
PUBLIC PARKS. Any area or space set aside and designated as a public park by the City Council and any park owned by the city. The general purposes of PUBLIC PARKS and OPEN SPACE are to provide opportunities for existing and future outdoor recreational activities; to preserve scenic qualities and resources and provide contrasts to the built environment; to protect environmentally sensitive areas; to provide adequate opportunities for location of existing and future public utilities, facilities and services; and to preserve the function, capacity and water quality of the city’s storm water drainage system.
QUARRY. A tract of land used primarily for the extraction of minerals (e.g., rock, stone, and ores) from the earth.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a section of this ordinance and that requires the exercise of discretion when applying the standards of the ordinance. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are QUASI-JUDICIAL in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
RECREATION OR TRAVEL TRAILER. A vehicular, portable, structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the unit.
RECREATIONAL FACILITIES, PUBLIC. Includes the following:
(a) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field has been scheduled for use with the city or municipality responsible for operation of the park or recreational area;
(b) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items or other uses relating to the swimming pool; and
(c) A facility used for athletic events, including, but not limited to, a gymnasium.
RECREATIONAL FACILITIES; HEALTH CLUB, SPA AND GYMNASIUM (PRINCIPAL USE). Any exercise center, figure salon, fitness center, gymnasium, health club, health spa or any other establishment by any other name which provides exercise equipment and one or more of the following: steam cabinet; steam room; sauna; vapor room; vapor cabinet; lavatories; lockers; showers; dressing rooms; and toilet facilities intended for patron use, excluding facilities used by or under the direct supervision and control of licensed medical personnel located in a medical facility, facilities located in athletic departments of schools and facilities of professional athletic teams.
RECREATIONAL VEHICLE. A vehicle that is designed as a temporary (as opposed to permanent) dwelling for travel, recreational or vacation uses. This term shall include CAMPING TRAILER, MOTOR HOME, TRUCK CAMPER and RV. This term does not include “manufactured homes” or “modular homes”.
RESORT CABIN. A small shelter or house, made of wood or other approved material and situated as part of an approved outdoor resort built under State Building Code to accommodate short-term rental. This term shall include LODGE, COTTAGE.
RESTAURANT. A commercial establishment where food and drink are prepared, and purchased on premises (either outdoors or indoors). The establishment may provide indoor or outdoor eating facilities or may be geared partially or primarily for take out food. If food consumption facilities are provided, they shall largely be within the building. Such establishment shall not have manned drive-through facilities. RESTAURANTS, if properly licensed, may also serve alcoholic beverages. Also known as a “dine-in” restaurant with a “to go” or “curb-side” service.
RESTAURANT WITH DRIVE THROUGH. A commercial establishment where food is prepared, and purchased within the principal building or through a drive-through window. The establishment may provide indoor eating facility or may be geared partially or primarily for take out food. Also known as a FAST FOOD RESTAURANT.
RESTAURANT WITHIN OTHER FACILITIES. A restaurant located within another principal business and is incidental to that business. Food and drink are prepared primarily for sale and consumption by the customers of the principal business. The restaurant use is not a principal use within the building and may not be accessed from the outside. Examples of such restaurant are: canteen within a business; grill within a convenience store or bowling alley; and the like.
RETAIL. A building, property or activity the principal use or purpose of which is the retail sale of goods, products or merchandise directly to the consumer. Such a retail establishment shall not be classified as a “retail” use, if listed elsewhere in the Table of Uses of this ordinance. Examples of excluded uses include: restaurants; convenience stores; and the like.
RETAINING WALL. A structure that is built to prevent the soil behind it from sliding or eroding away. It is used to create different levels of elevation in areas where the natural slope of the land is too steep or undesirable.
RETREAT CENTERS. Used as a facility for professional, educational or religious meetings or seminars where meals and recreational activities may be provided for participants.
RIGHT-OF-WAY. An area owned or maintained by a city or town, the State of North Carolina, a public utility, a railroad or a private citizen for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities or railroads.
ROAD, FRONTAGE. A road that is in close proximity to and parallels a limited access road and is designed to provide access to roads that abut said limited access road.
ROAD, PRIVATE. Any right-of-way used for purposes of motor vehicle travel that has not been accepted for maintenance or ownership purposes by a public entity.
ROAD, PUBLIC. A public right-of-way for vehicular travel which has been constructed and then dedicated to and accepted by the City of Mount of Holly or the North Carolina Department of Transportation for public use or which has been otherwise obtained by such agencies for such use or which is proposed to be constructed and then dedicated to and accepted by such agencies as a public right-of-way for vehicular traffic for public use.
SCHOOL, ELEMENTARY AND MIDDLE. Any public, private or parochial institution offering instruction at the elementary or junior high school levels in the branches of learning and study required to be taught in the public schools of North Carolina.
SCHOOL, VOCATIONAL. A secondary or higher education facility primarily teaching usable skills that prepares students, who may be of all age groups, for jobs in a specific trade or vocation upon graduation. Examples of VOCATIONAL SCHOOLS include schools that teach: auto mechanics; secretarial studies; machine repair; computer technology; and the like.
SCHOOLS FOR THE ARTS AND THE LIKE: A school where classes in the various arts (e.g., dance, painting, sculpting, singing) are taught. As differentiated from a “vocational school”, such schools are usually attended by persons of all ages where professional placement after graduation is not of significant importance. Such classes shall not be given by or to persons who are nude, or who otherwise are clothed in such manner so as to classify the use as an “adult establishment”, as defined in G.S. § 14-202.10.
SEPTIC TANK CLEANING SERVICE. A business establishment for the purpose of repair, and removal, and proper disposal of waste water for residential and commercial customers.
SERVICE STATION. A lot or building where gasoline, oil, grease and automobile accessories are supplied and dispensed to the motor vehicle trade, or where battery, tire and other similar repair services are rendered.
SERVICE STATIONS, GASOLINE. A retail store that sells a variety of products to the public including, but not limited to, gasoline, food items and beverages. A SERVICE STATION (GASOLINE) as defined, shall not repair, service or store any vehicle.
SETBACK. The land area located between a property line or the established edge of a right-of-way, whichever is closer, and the closest wall of a building located on the property.
SHOOTING RANGE. An enclosed or outdoor facility for firearms practice with targets. Detonation of explosives may be included in this definition.
SHORT-TERM RENTALS. Renting out of a furnished home, apartment or condominium for a short-term stay for a period of 15 consecutive days or less for pay. During that time period, the occupant will hold primary residence in another location. The owner of the property usually will rent out a weekly basis to occupants, but some rentals will be nightly through AirBnB, VRBO or other online rental scheduling service.
SITE PLAN. A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features.
SITE-SPECIFIC DEVELOPMENT PLAN. A plan which has been submitted to the city by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.
SIGHT TRIANGLE. The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway.
SIGN SHOP. A place of business which constructs and/or erects signs for public display/uses.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED. A solar collection system that is installed upon or is part of the roof of a building or structure located on the subject property. Systems integrated as awnings or attached to the roofs of porches, sheds, carports and covered parking structures also fall under this distinction. (Ch. 7 of this Zoning Code, Special Requirement Notes to the Table of Uses Note 28B.)
SOLAR ENERGY SYSTEMS. An accessory solar collection system that generates energy from sunlight for direct consumption on the subject property and/or for inter-connection to the electric utility power grid to offset energy use on the subject property, in accordance with current state net-metering laws. (Ch. 7 of this Zoning Code, Special Requirement Notes to the Table of Uses Note 28B.)
SPECIALTY HOSPITALS. Limited to pediatrics, obstetrics, comprehensive medical rehabilitation services, hospices and psychiatric.
STAY. To stop or to put on hold an action temporarily.
STREET, CENTERLINE. The line surveyed and monumented as the centerline of the street; or, if such center line has not been surveyed, it shall be the line running midway between the curbs or ditches of such street.
STREET, COLLECTOR. A roadway that, while providing access to abutting land parcels, enables moderate volumes of traffic to move efficiently between local streets and the major street network.
STREET LINE. The line where the edge of the right-of-way of a street meets the abutting property.
STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having location on the ground.
STRUCTURE, PERMANENT. A structure constructed for permanent occupancy that is in compliance with all applicable North Carolina Building Codes and all applicable local and state standards.
STRUCTURE, TEMPORARY. A structure not intended for permanent occupancy and designed for easy removal off premises. Examples include, but are not limited to: mobile food units; produce stands; revival tents; mobile classrooms; and the like. (See also Special Note 24 for regulations on temporary or “coexisting” uses.)
STRUCTURAL ALTERATIONS. Any change, except for the repair or replacement, in the supporting members of a building such as load bearing walls, columns, beams or girders.
STUDIOS. The working place of a painter, sculptor or photographer or a place for the study of an art such as dancing, singing, film/television, music/audio recording and acting.
SWIM AND TENNIS CLUBS. A privately-owned, non-commercial recreational facility provided for residential project or neighborhood residents.
SWIMMING POOLS, PRIVATE. A residential pool serving an individual dwelling.
TAPROOM. A room in which alcoholic drinks, especially beer, are available on tap as part of a microbrewery, brew-pub or distillery as approved by this ordinance and complies with North Carolina ABC laws. Also referred to as a TASTING ROOM.
TAXIDERMY. The art or operation of preparing or stuffing the dead skins of animals, fish or birds in a life-like state.
TENT/TENT SITE. A place with temporary accommodation for tents that are portable and part of an approved outdoor resort with specified amenities like a grilling/cooking area. This term shall include CAMPSITES.
TECHNICAL REVIEW COMMITTEE (TRC). A committee appointed by the governing board to review and recommend plats in a manner as specified in this ordinance.
TIRE SALES, NEW AND/OR USED. A place where the principal use is the sale or installation of new, used or retread tires and tubes to the general public. TIRES may be stored, maintained, altered, repaired, changed, prefabricated or disposed on the premises. Other ancillary indoor car repair services (other than services associated with a “body shop”) may be provided on premises.
TOWER AND/OR STATION, RADIO AND TELEVISION BROADCAST. A tower and/or associated station which receives and/or sends radio and/or television waves such as radio towers. This definition does not include amateur radio antennas.
TRANSPORTATION IMPACT ANALYSIS. A report produced and approved by the city under the Transportation Impact Analysis Ordinance adopted by the city on 11-13-2017 as an appendix to the Zoning Ordinance, Strategic Vision Plan and Subdivision and Land Development Ordinance.
TREE COTTAGE. Platform or building constructed around, next to or among the trunk or branches of one or more mature trees while above ground level. This term shall include TREE HOUSE, TREE FORT, TREE STAND.
TREE, CANOPY. A tree, either single or multi-stemmed (i.e., in clump form) that has a height of at least ten feet and is of a species which, at maturity, can be expected to reach a height in excess of 40 feet under normal growing conditions in the local climate.
TREE, UNDERSTORY. A tree, either single or multi-stemmed (i.e., in clump form) which has a height of at least five feet and is of a species which at maturity, can be expected to reach a height of ten to 40 feet under normal growing conditions in the local climate.
TRUCK STOP. A facility typically offering multiple services to the traveling public that is particularly designed to serve the need of freight trucks and their drivers. Such facilities typically include fuel stations (dispensing fuel for trucks and, perhaps, for automobiles), one or more eating establishments and/or sale of prepared food, sales of convenience and sundry items, shower facilities and overnight lodging facilities. Not all such facilities are provided at all TRUCK STOPS. The foregoing definition distinguishes a TRUCK STOP from:
(a) A convenience store;
(b) Mini-mart, express fuel;
(c) Shopping center; and
(d) Planned multi-tenant development.
TRUCK WASHING FACILITY. A commercial establishment primarily engaged in the washing of tractor-trailer trucks. Such washing shall be done using self service facilities or by fully automated machines.
UPHOLSTERY SHOP. A place of business which repairs, rebuilds and re-covers upholstered furniture such as a sofa or chair.
USE. The primary purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
USE, INCIDENTAL. A use located on the same lot as a primary use, but is subordinate and minor in significance to the principal use, and bears a reasonable relationship with the principal use.
USE, NON-CONFORMING. A use or activity which does not conform to the use regulations of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments which are incorporated into this ordinance at some future date.
USE, PERMITTED. A use category, indicated by an “X” in Ch. 6 that is allowed by right in a certain zoning district. These uses are subject to all other applicable regulations of this ordinance.
USE, PRINCIPAL. The primary or predominant use of any lot.
USE, PROHIBITED. Any use not specifically listed in the Table of Permitted and Special Uses, Ch. 6 of this ordinance shall be prohibited.
VESTED RIGHT or ZONING VESTED RIGHT. The right to undertake and complete the development and use of the property under the terms and conditions of an approved site-specific development plan and/or subdivision plan or through a “common law” vested right.
WALL, BUILDING. The entire surface area, including windows and doors, of an exterior wall of a building. As used in this ordinance, the area of a wall will be calculated for a maximum of 50 feet in height of a building. The term may also be referred to simply as a WALL or EXTERIOR WALL.
WALL, SHARED. A common or shared wall between two separate structures, buildings or dwelling units.
WAREHOUSE. A building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one or more lessees of space in the facility of both, with access to contents only through management personnel.
WHOLESALE/STORAGE OPERATIONS. A facility where goods are received and/or stored for delivery to wholesale customers in remote locations.
WINERY. An establishment or facility that manufactures and bottles wine on the premises for sale to wholesalers and complies with North Carolina ABC laws.
WIRELESS COMMUNICATIONS. Any personal wireless service, including, but not limited to: cellular; personal communication services (PCS); specialized mobile radio (SMR); enhanced specialized mobile radio (ESMR); and, unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations, being 47 C.F.R. Part 15 (e.g., wireless internet services and paging).
YARD. An open space located on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees, shrubbery or as otherwise provided herein. See SETBACK.
YARD, FRONT. A yard extending across the full width of the lot and extending from the closest front wall of the building to the property line or established edge of a right-of-way, whichever is closer.
YARD, REAR. A yard extending across the full width of the lot and extending from the closest rear wall of the main building to the rear of the property.
YARD, SIDE. A yard which extends from the closest side wall of a building to the nearest side property line or the established edge of the street right-of-way, whichever is closer, if the lot is a corner lot.
YARD SALE. The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. This may also be referred to as a GARAGE SALE, CARPORT SALE or RUMMAGE SALE. See also Special Note 23 for additional regulations on YARD SALES.
YURT. A circular domed tent of skins or felt stretched over a collapsible lattice framework.
ZONING ENFORCEMENT OFFICER. The employee of the City of Mount Holly who is assigned primary responsibility for the administration and enforcement of the zoning ordinance.
(B) Definitions relating to signs.
ABANDONED SIGN. Signage that has been neglected and fallen into disrepair.
A-FRAME SIGN. A temporary A-frame sign not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels that form both the structure and sign face, and that is intended to be placed in a sidewalk or pedestrian way.
ATTACHED SIGN (WALL SIGN). A sign which is mounted to a building wall, canopy or cantilevered roof including projecting signs. Signs directly painted on walls shall be considered WALL SIGNS.
ATTRACTION BOARD. Copy is changed manually or electronically on a regular basis.
BANNER SIGN. Made of non-rigid material supported by a frame.
BILLBOARD. Any sign which is not located on the premises that it identifies or advertises. Not to be confused with off-premises directional sign. This signage is intended for lease to a variety of businesses, organizations and/or individuals. In such case, the sign itself shall be the income generator and the primary commercial use of the property.
BUILDING MARKER SIGN. Any sign indicating the name of a building and date and incidental information about its construction. Such sign is typically cut into a masonry surface or made of bronze or other permanent material.
BULLETIN BOARD. Allows the manual or electronic change of copy and is used to notify the public or non-commercial events or occurrences such as church services, political rallies, civic meetings or similar events.
CANOPY SIGN. Applied directly to the surface of a canopy; defined as a permanently roofed shelter covering a sidewalk, driveway or similar area. CANOPIES may be supported by a building, columns, poles, braces or a combination of both.
CHANGEABLE COPY. The display area of a sign where characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign.
DIRECTIONAL SIGN. A sign that may be part of a permitted monument sign fronting a road or internal to a property that directs individuals to a specific geographic area within a larger area of the permitted use.
DIRECTORY SIGN. A ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information.
DOUBLE-FACED SIGN. Two faces either set parallel or up to a 45-degree angle. Any two sign faces set at an angle greater than 45 degrees shall be considered two separate signs.
ELECTRONIC MESSAGE DISPLAY SYSTEM. Copy which uses rotating reflective discs, direct illumination, rotating veins, light emitting diodes (LEDs), liquid crystal diodes (LCDs) or other digital devices and is changed by a central computer.
FLASHING or BLINKING. Intermittent or sequential illumination for the purpose of attracting attention to the sign.
FLASHING SIGN. A sign, the illumination of which is not constant in intensity when in use, and that exhibits sudden or marked changes in lighting effects.
FREESTANDING SIGN (YARD SIGN). A sign supported from the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure for support. In the event of a double-sided sign, only one side shall be used to figure square footage. Attached to the ground by columns, poles, braces or other means and not attached to any building.
GOVERNMENT SIGN. A sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a business, commercial activity or specific use. Examples include, but are not limited to: speed limit signs; city limit signs; stop signs; street name signs; welcome signs; and wayfinding signs.
GROUND-MOUNTED SIGN. Any sign which extends from the ground or which has supports which places the bottom thereof less than two feet from the ground directly beneath the sign. A “monument” sign shall be considered to be a GROUND SIGN.
HANDBILL. Printed or written material, circular, leaflet, pamphlet or booklet designed for distribution on vehicles or other property, excluding postal distribution, which advertises merchandise, commodities or services.
IDENTIFICATION SIGN. A sign bearing the address of the premises or name of occupant, but containing no logo or commercial message.
ILLEGAL SIGN. Does not meet the requirements of this zoning ordinance and has not been identified as a legal, non-conforming sign.
ILLUMINATED SIGN. Emits or reflects artificial light from any source.
(a) DIRECTLY ILLUMINATED. Lighted by an unshielded light source (including neon tubing) which is visible as a part of the sign and where light travels directly from the source to the viewer’s eye.
(b) INDIRECTLY ILLUMINATED. Light source projects light onto the exterior of the sign surface or onto the building where the sign is located.
(c) INTERNALLY ILLUMINATED. Light source is within the sign, with a transparent or translucent background or cover which silhouettes letters or designs.
INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the site on which it is located, such as “no parking”, “entrance”, “loading only”, “telephone” and other similar information and directives. No sign with a commercial message legible from a position off the site on which the sign is located shall be considered an “incidental sign”. Not exceeding two square feet in area.
INTERSTATE SIGN. Sign that is designed to be seen from an interstate highway.
MARQUEE SIGN. Used in conjunction with a theater, is attached to the building and projects from the building.
MENU BOARD. Freestanding signs placed at properties where there is a drive-thru lane, walk-up window or drive-up curbside.
MOBILE SIGN. Affixed to a frame having wheels or capable of being moved. MOBILE SIGNS do not have a permanent foundation and cannot withstand the wind-load stress requirements of the adopted Building Code as they are designed to stand free from a building. The removal of wheels from such a sign or temporarily securing a sign of this type shall not prevent it from being classified as a mobile sign within this definition. This includes signage placed in a truck bed or on a trailer designed to be pulled behind a vehicle.
MONUMENT SIGN. Attached to a permanent foundation or decorative base and not attached to or dependent for support from any building, pole, post or similar upright.
NEIGHBORHOOD SIGN. A sign that gives the name of a residential or non-residential subdivision or multi-family development.
NON-CONFORMING SIGN. A sign that met all legal requirements when constructed, but is not in compliance with this ordinance. Legally erected, but does not comply with the current regulations for the zone in which it is located.
NON-ILLUMINATED SIGN. Does not emit or reflect artificial light from any source.
OFF-PREMISES DIRECTIONAL SIGN. Signs with the sole purpose of directing individuals to a specific geographic location. The intent of such signs is not to promote or advertise, simply direct. Such signs may, however, include business names and logos.
POLE SIGN. A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building, but not including ground-mounted or monument signs. The bottom of such signs shall be equal or greater than two feet from the ground directly beneath the sign. (It shall be noted that the property owner has until 12-31-2013 to remove any and all pole signs from said property as classified herein.)
POLITICAL SIGN. A temporary sign that consists of a poster, placard, board, banner or other similar medium that contains a message related to a candidate running for office or a ballot issue, and which contains no commercial message.
PORTABLE SIGN. Any sign that is intended to be portable or any sign that was initially constructed and designed to be placed on and/or transported on wheels, regardless if said sign face is removed from its base and placed on or in the ground so as to otherwise classify said sign as a “freestanding” sign, as herein defined. It shall be noted that the property owner has three years or 36 months from the adoption of the Sign Ordinance (8-10-2009) to remove any and all portable signs from said property, as classified herein.
PROJECTING SIGN. Any sign other than an awning, canopy or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted. They may be utilized in lieu of wall signs. Shall be attached to a building, extending more than 24 inches.
ROOF SIGN. Projects above the cornice of a flat roof or the ridgeline of a gabled or hipped roof. In determining the top edge of the roof, calculation shall not include cupolas, pylons, chimneys or other projections above the roofline.
ROTATING OR MOVING SIGN. Any portion of which moves by mechanical means or the wind; does not refer to changing copy with an electronic message display system.
SIGN. Any identification, description, animation, illustration or device, illuminated or non-illuminated, which is visible from any right-of-way and which directs attention to any realty, product, service, place, activity, person, institution, performance, commodity, firm business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, poster, bulletin board, pennant, placard or temporary sign designed to identify or convey information, with the exception of state, municipal or national flags. Any copy, including material used to differentiate the copy from the background, which is applied to a surface as a means of identifying, advertising, announcing or illustrating products, services and/or events.
SIGN CLEARANCE. The vertical distance between the lowest point of any sign and the grade at the base of the sign.
SIGN COPY. Any combination of letters, numbers or other graphical representation that is intended to inform, direct or otherwise transmit information.
SIGN FACE. The portion of the sign used for display of sign copy including all background area, pictures and any other advertising devices shown in the sign. Excluded from this definition are the sign frame and supports.
SIGN HEIGHT. The height of a sign is the vertical distance from the nearest public road grade level or from the average site grade at the base of the sign (whichever the applicant prefers) to the level of the highest point of the sign structure.
SIGN PROJECTION. Signs and/or individual letters shall not project from a building wall or structure more than six inches unless internally lighted. If internally lighted projection shall be no more than 12 inches.
SIGN SETBACK. The horizontal distance between any street right-of-way and a sign. The measurement shall be taken at the closest point between the right-of-way and any part of the sign.
SIGN SURFACE. The part of the sign on which the message is displayed.
SQUARE FOOT. A unit of area equal to one foot by one foot square.
STREET FRONTAGE. Property line that lies adjacent to street right-of-way.
SWIMMING POOL, ACCESSORY. For inground or above ground pools including pool houses, cabanas, pool slides, pool steps and ladders. POOLS shall be located to comply with the minimum setback requirements for accessory buildings, and structures of the district in which located. POOLS which are not an integral part of the principal building shall be located a minimum of ten feet from the principal building. SWIMMING POOLS shall be protected by a fence or equal enclosure, a minimum of four feet in height, and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking. (Ch. 7, Special Requirement Notes to the Table of Uses Note 7.)
TEMPORARY SIGN. A banner, pennant, poster or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that appears to be intended to be displayed for a limited period of time.
VEHICLE SIGNAGE. Signage painted directly on a vehicle or attached magnetically.
WINDOW DISPLAY. Merchandise or other objects placed inside a building to be viewed from outside the building.
WINDOW SIGN. Attached to the interior of a window and which can be seen through the window from the exterior of the structure.
(C) Definitions relating to watershed provisions.
BALANCE OF WATERSHED (BW). The remainder of a watershed outside the critical area.
BEST MANAGEMENT PRACTICES (BMP). A structural or non-structural management- based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
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 channeled 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 (reservoirs) and from the bank of each side of streams or rivers.
BUILT-UPON AREA. The portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel (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.)
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing storm water runoff impacts. This term includes non-residential development as well as single-family residential and multi-family developments. For the purpose of these rules, planned unit developments and mixed-use development are considered as CLUSTER DEVELOPMENTS.
CRITICAL AREA (CA). The area adjacent to 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). Local governments may extend the CRITICAL AREA as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the CRITICAL AREA if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
IMPERVIOUS SURFACE. See BUILT-UPON AREA.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires a National Pollution Discharge Elimination System (NPDES) permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste or land in a sanitary manner in accordance with G.S. Ch. 130A, Art. 9. For the purpose of these provisions, this term does not include composting facilities.
MAJOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor greater than 5% of any buffer, density or built-upon area requirement under the high density option; any variation in the design, maintenance or operation requirements of a wet detention pond or other approved storm water management system; or relaxation by a factor greater than 10%, of any management requirement under the low density option. Where this ordinance is more stringent than the state’s minimum water supply protection rules, a variance to this ordinance is not a MAJOR VARIANCE as long as the result of the variance is not less stringent than the state’s minimum requirements.
MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to 5% of any buffer, density or built-upon area requirement under the high density option; or that results in a relaxation by a factor up to 10%, of any management requirement under the low density option.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silverculture.
PROTECTED AREA (PA). The area adjoining and upstream of the critical area in a WS-IV water supply in which protection measures are required. The boundaries of the protected areas are defined as extending five miles upstream and draining to water supply reservoirs (measured from the normal pool elevation) or to the ridge line of the watershed (whichever comes first); or ten miles upstream and draining to the intake located directly in the stream or river (run-of-the-river); or to the ridge line of the watershed (whichever comes first).
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, mobile homes and the like and their associated outbuildings such as garages, swimming pools, storage buildings, gazebos and the like.
SEDIMENTATION CONTROL PERMIT. Permission granted by the State of North Carolina for a person to conduct a land disturbing activity pursuant to the Sedimentation Pollution Control Act of 1973, being NCAC Title 15A, Ch. 4, as amended.
STORM WATER COLLECTION SYSTEM. Any conduit, pipe, channel, curb or gutter for the primary purpose of transporting (not treating) runoff. A STORM WATER COLLECTION SYSTEM does not include vegetated swales, swales stabilized with armoring or alternative methods where natural topography prevents the use of vegetated swales (subject to a case-by-case review), curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H.1003(c)(I).
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
VARIANCE. Permission to develop or use property granted by the Board of Adjustment, or the Environmental Management Commission, relaxing or waiving a water supply watershed management requirement that is incorporated into this ordinance.
WATER-DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER-DEPENDENT STRUCTURES.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).
(D) Definitions relating to adult-oriented businesses.
ADULT-ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center (including adult massage parlor and adult health club), sexually oriented device business or any combination of the foregoing or any similar business. As used in this ordinance, the following definitions shall apply.
(a) ADULT ARCADE. (Also known as PEEP SHOW.) Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas”.
(b) ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
2. Instruments, devices or paraphernalia that are designed for use in connection with “specified sexual activities”.
(c) ADULT CABARET. A nightclub, bar, restaurant or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:
1. Persons who appear nude or semi-nude;
2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe “specified sexual activities” or “specified anatomical areas”.
(d) ADULT MOTEL. A hotel, motel or similar commercial establishment that:
1. Offers accommodations to the public for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that depict or describe “specified sexual activities” or “specified anatomical areas” as one of its principal business purposes;
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(e) ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe “specified sexual activities” or “specified anatomical areas”.
(f) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict “specified anatomical areas” or “specified sexual activities”.
(g) ESCORT. A person who, for any tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(h) ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip or other consideration.
(I) NUDE MODEL STUDIO. Any place where a person who appears nude or semi-nude, or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of North Carolina or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one nude or semi-nude model is on the premises at any one time.
NUDE or A STATE OF NUDITY.
(a) The appearance of a human anus, male genitals or female genitals; or
(b) A state of dress which fails to opaquely cover a human anus, male genitals or female genitals.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling (including sexually oriented massaging) between persons of the opposite sex, or similar activities between male and female persons and/or between persons of the same sex when one or more of the persons are in a state of nudity or semi-nude.
SEXUALLY-ORIENTED DEVICES. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in divisions (a) through (c) of this definition.
(E) Definitions Relating to Gateway Overlay Districts. The following definitions relating to, § 5.18(B) entitled, “Permitted Uses with Special Definitions”, are intended to provide information regarding permitted uses in the South Gateway Overlay District near Interstate 85.
ANIMAL CLINICS AND HOSPITALS; INCLUDING TOTALLY ENCLOSED KENNELS OPERATED IN CONNECTION WITH ANIMAL CLINICS AND HOSPITALS. A facility devoted to the diagnosis, care and treatment of sick or injured animals. Kennels operated in connection to an animal clinic or hospital must be totally enclosed with no outside runs if included in the Gateway Overlay District. Stand alone kennels, regardless of the nature of their enclosure, are prohibited. ANIMAL CLINICS AND HOSPITALS shall require a special use permit in the South Gateway Overlay District.
BUILDING MAINTENANCE SERVICES. An individual or firm (i.e., Stanley Steamer) who tend to the maintenance or cleaning of a commercial building or residential structure. There shall be no outside equipment storage associated with said use in the South Gateway Overlay District.
DRY CLEANING AND LAUNDRY FACILITIES. A business that dry-cleans garments, draperies and the like. Such service does not include a dry cleaning facility operated in conjunction with a laundromat.
EXTERMINATING SERVICES. A business that specializes in the removal or extermination of pests from commercial and/or residential structures (i.e., Orkin, Terminix). There shall be no outside storage associated with said use in the South Gateway Overlay District.
FURNITURE REPAIR, INCLUDING UPHOLSTERY. A business that repairs furniture, including, but not limited to, couches, ottomans, beds, desks and tables. Such business may also upholster or reupholster furniture, including cushions and pillows. There shall be no outside storage associated with said use in the South Gateway Overlay District.
LAUNDROMATS. A commercial establishment equipped with washing machines and dryers, utilizing coin operated methods or self service. LAUNDROMATS cannot be a standalone operation in the South Gateway Overlay District.
LOCKSMITH SHOPS, INCLUDING REPAIR. A business that specializes in the sale and repair of locks. Such business may also specialize in the crafting of related items such as keys.
MOTION PICTURE PRODUCTION. A facility that specializes in such things related to motion picture production as casting, acting, directing, editing, film processing and overall production of movies. This does not include “adult oriented motion picture production”. (See §§ 3.26.4 and 5.18 of this ordinance.)
MUSIC STORES; INCLUDING INSTRUMENT DEALERS AND REPAIRS. A business that specializes in the sale of music related items such as sheet music, instruments, speakers, compact discs and the like. Such business may also specialize in the repair of damaged instruments.
PHOTO FINISHING LABORATORY. A business which develops film and prints photographs for customers.
SHOE SALES AND/OR REPAIR. A business that specializes in the sale of shoes and repairing of shoes and/or parts thereof.
STRUCTURES AND USES CLEARLY INCIDENTAL TO A PERMITTED USE. Any use or structure that is customarily a part of, and clearly incidental to the primary permitted use. (i.e., pharmacy which has a photo finishing lab; the photo finishing lab is clearly incidental to the main use).
TANNING SALONS. A business that offers tanning services by supplying the use of a tanning bed for a said amount of time. Such business may also offer retail sales of tanning products, such as lotions.
UPHOLSTERING AND FURNITURE REFINISHING. A business that repairs furniture, including, but not limited to, couches, ottomans, beds, desks and tables. Such business may also upholster or reupholster furniture, including cushions and pillows, and refinish furniture by sanding and staining it. There shall be no outside storage associated with said use in the South Gateway Overlay District.
VETERINARY SERVICES S. Services that cater to the care and treatment of animals and fall outside the scope of animal clinics and hospitals. Such services include diagnosing illnesses, providing medicine to animals, including shots and vaccinations and treatment of minor injuries that do not require surgery. For the purpose of this section, grooming services shall fall under this use. There shall be no overnight boarding or no kennel regardless of the nature of the enclosure, associated with this use in the South Gateway Overlay District. Veterinary Services shall require a special use permit in the South Gateway Overlay District.
WATCH OR JEWELRY REPAIR SHOPS; JEWELRY SALES AND REPAIR. A business that specializes in the repair of watches and jewelry, including rings, necklaces, earrings and the like. A business that sells jewelry and related items such as watches to the public and repairs such items as a service.
(Ord. passed 5-13-1996; Ord. passed 7-10-2023; Ord. passed 1-8-2024; Ord. passed - -2024)