§ 11.02 DEFINITIONS.

   Unless specifically defined below, words or phrases used in this development ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

   ABANDONMENT. A property, use or structure that has been physically and objectively discontinued, ceased, relinquished, vacated or not maintained for a consecutive period of 180 days or more days and regardless of any condition or circumstance beyond the control of such parties that prevent a continuation of the use or occupancy of the structure or property.

   ABUTTING. See ADJACENT, ADJOINING LOT OR LAND.

   ACCESS. A way of approaching or entering a property, access also includes ingress, the right to enter, and egress, and the right to leave.

   ACCESSORY DWELLING UNIT. A residential dwelling unit, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Secondary dwelling units shall be developed in accordance with the standards set forth in this ordinance and only in those zoning districts where the use is listed as a special use.

   ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common ACCESSORY STRUCTURES. Poles, barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

   ACCESSORY USE. A use on the same lot or in the same building with the principal use of the lot or building, the nature and extent of which is clearly incidental or subordinate to that of the principal use.

   ACCRETED LAND. Accretion is defined as the natural addition of land by the slow action of wind or water. Heavy rain, river or ocean action would have this effect by either washing up sand or soil or by a permanent retreat of the high water mark. In general, ACCRETED LAND will be considered to maintain the same zoning designation as the adjacent land. In any case, the landowner would have the right to attempt to have the accreted land rezoned, following the usual rezoning process.

   ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure.

   ADJACENT, ADJOINING LOT OR LAND. A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.

   ADULT BUSINESS AND RELATED DEFINITIONS. See definitions in North Topsail Beach Town Code Chapter 4, Art. III, Adult and Sexually Oriented Businesses.

   ADULT DAY CARE CENTER. See DAY CARE CENTER.

   ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general traffic.

   ALTERATION. Any change or expansion in the size, configuration or location of a structure; or any change or expansion in the use of a structure or lot, from a previously approved or legally existing size, configuration, location or use.

   ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

   ALTERNATIVE ANTENNA SUPPORT STRUCTURES (AASS). Structures which are functionally and legally capable of supporting wireless communication antennae, including, but not limited to, buildings, water towers and utility poles as an ancillary use of the primary structure.

   AMENDMENT. Any change by the Board of Aldermen to the unified development ordinance such as text amendments or changes to the official zoning map.

   AMERICAN MOBILE TELECOMMUNICATIONS ASSOCIATION (AMTA). A Washington, D.C. based industry trade group which serves to support its specialized mobile radio (SMR) operator members through lobbying and networking efforts.

   ANTENNA. Any apparatus or group of apparatus, designed for the transmitting and/or receiving of electromagnetic waves that includes, but is not limited to: telephonic, radio or television communications. ANTENNAS include omni-directional (whip) antennas, sectorized (panel) antennas, microwave dish antennas, multi or single bay (FM and amp; TV), or parabolic (dish) antennas, but do not include satellite earth stations.

   ANTENNA, DISH. A parabolic, spherical or elliptical antenna intended to receive wireless communications.

   ANTENNA, FLUSH MOUNTED. An antenna that is attached flush to an antenna-supporting structure, without the use of sidearms or other extension devices.

   ANTENNA, PANEL. A directional antenna designed to transmit and/or receive signals in a directional pattern that is less than 360 degrees and is not flush-mounted or dish antenna.

   ANTENNA, SURFACE MOUNTED. An antenna that is attached flush to the surface or facade of a building or structure other than an antenna-supporting structure.

   ANTENNA, WHIP. A cylindrical, omni-directional antenna designed to transmit and/or receive signals in a 360-degree pattern.

   APPEAL. A request for a review of the Zoning or Floodplain Administrator’s interpretation of any provision of this ordinance.

   APPROVAL AUTHORITY. The Board of Aldermen, Board of Adjustment, Planning Board, Planning Director or official designated by this development ordinance or by the town as being authorized to grant the specific zoning or land use permit or approval that constitutes a site-specific development plan.

   ARCHITECTURAL FEATURE. A prominent or significant part or element of a building, structure or site.

   AREA OF ENVIRONMENTAL CONCERN (AEC). The foundation of the CRC’s permitting program for coastal development. An AEC is an area of natural importance: The CRC classifies areas as AECs to protect them from uncontrolled development, which may cause irreversible damage to property, public health or the environment. The CRC has established four categories of AECs:

      (1)   The estuarine and ocean system;

      (2)   The ocean hazard system;

      (3)   Public water supplies; and

      (4)   Natural and cultural resource areas.

   AREA OF SHALLOW FLOODING. A designated Zone AO or AH on a community’s flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).

   AS-BUILT PLANS. Plans showing location of all existing and constructed features, certifying that a project was built in accordance with the permit.

   ATTIC. The unfinished space between the ceiling joists of the top story and the roof rafters.

   BALCONY, EXTERIOR. An exterior floor projecting from and supported by a structure without additional independent supports.

   BANNER. A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentation’s applied to plastic or fabric of any kind excluding flags.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

   BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a “special flood hazard area”, it may be obtained from engineering studies available from a federal, state or other source using FEMA-approved engineering methodologies. This elevation, when combined with the two-foot “freeboard”, establishes the “regulatory flood protection elevation”.

   BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

   BED AND BREAKFAST. A building other than a hotel or motel where, a resident family, for compensation, provides temporary lodging and meals.

   BILLBOARD. A sign that identifies, advertises and/or directs the public to a business, merchandise, service, entertainment or product that is located at a place other than the property on which such sign is located. See also SIGN, OFF-PREMISES.

   BLOCK. A tract of land or a lot or group of lots bounded by streets, public parks, golf courses, railroad rights-of-way, watercourses, lakes, unsubdivided land or a boundary line or lines of the town or any combination of the above.

   BLOCK FRONTAGE. The portion of a block which abuts a single street.

   BOARD OF ADJUSTMENT. A local body, created by ordinance, whose responsibility is to hear appeals from decisions of the Zoning Administrator and to consider requests for variances from the terms of the unified development ordinance.

   BOARD OF ALDERMEN. The governing body of the Town of North Topsail Beach.

   BOAT LAUNCH/RAMP. Facility to launch and retrieve recreational boats from a trailer.

   BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

   BUFFER. A fence, wall, hedge or other planted area or device used to enclose, screen or separate one use or lot from another.

   BUILDING. See STRUCTURE.

   BUILDING, EXISTING. A building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

   BUILDING, HEIGHT OF. The vertical distance of the highest point of the roof or any rooftop deck, fence, railing, widow’s walk or other rooftop structure as measured from the top of the lowest slab and if no slab measured from lowest adjacent grade as specified on the elevation certificate.

   BUILDING LINE/SETBACK. The line established by this ordinance, beyond which a building shall not extend, except as specifically provided.

   BUILDING PERMIT. A permit obtained from the town for the construction, repair, alteration or addition to a structure, which sets the inspection schedule and construction techniques for a particular project and specified use in accordance with this ordinance and adopted building ordinances and other prevailing standards for construction, and includes the town’s necessary zoning approval.

   BUILDING, PRINCIPAL (MAIN). A building in which is conducted the principal use of the plot on which it is situated.

   BULKHEAD. A vertical wall structure designed to retain shoreline material and prevent erosion due to wave activity.

   CALIPER. The size of tree’s trunk diameter as measured 36 inches above the ground.

   CAMOUFLAGED TOWER. A tower which is designed to blend into the surrounding environment, such as a tower designed to resemble a tree or, if erected on an existing structure, an integral part of the building.

   CAMPER. A structure manufactured of metal, wood, canvas, plastic or other materials, or any combination thereof, mounted on wheels and designed for travel, recreation or vacation use. A CAMPER is not designed or intended to be used as a permanent dwelling. CAMPERS include the following:

      (1)   TRAVEL TRAILER. A vehicular, portable structure built on chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation or vacation purposes. A travel trailer is not designed or meant to be used as a permanent dwelling.

      (2)   RECREATIONAL VEHICLE. A self-propelled vehicle or portable structure mounted on such a vehicle designed as temporary dwelling for travel, recreation and vacation.

      (3)   TENT. A portable shelter of canvas, plastic or skins stretched over a supporting framework of poles with skins stretched over a supporting framework of poles with ropes and pegs.

   CAMPER SPACE. A plot of land within a campground designed for the accommodation of one camper.

   CAMPGROUND. Any lot upon which multiple campers or tent spaces are provided for temporary occupancy according to requirements as set forth in this ordinance. A CAMPGROUND shall also be known as a RECREATIONAL VEHICLE PARK or TRAVEL TRAILER PARK.

   CARPORT. A covered parking area opened on at least two sides.

   CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION (CTIA). A family of representative companies that support the cellular, PCS and enhanced SMR carriers industry through lobbying, research and policy efforts.

   CERTIFICATE OF OCCUPANCY. A document issued by the Building Inspector allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this ordinance and all other applicable regulations.

   CERTIFICATE OF ZONING COMPLIANCE. Official certification that a premises conforms to provisions of the unified development ordinance (and building code) and may be used or occupied, subject to issuance of a certificate of occupancy by the Building Inspector. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied.

   CHANGE OF USE. See USE, CHANGE OF.

   CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

   CHILD CARE HOME. A home occupation providing for day care of no more than seven children See also HOME OCCUPATION and DAY CARE FACILITY.

   CITATION. A notice by a governmental authority indicating a violation or possible violation of this ordinance or other applicable government regulations applicable to the property.

   CLEARING. The removal of trees and brush from the land, but shall not include the ordinary mowing of grass.

   CLUB OR LODGE (PRIVATE NONPROFIT, CIVIC OR FRATERNAL). Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation.

   COASTAL AREA MANAGEMENT ACT (CAMA). North Carolina’s Coastal Area Management Act, along with the Dredge and Fill Law and the Federal Coastal Zone Management Act, is managed through North Carolina Department of Environment and Natural Resources’ (NCDENR’s) North Carolina Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM).

   COASTAL A ZONE (CAZ). An area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones; in a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater than or equal to one and one-half feet. COASTAL A ZONES are not normally designated on FIRMs (see LIMIT OF MODERATE WAVE ACTION (LiMWA)).

   COASTAL BARRIER RESOURCES SYSTEM (CBRS). Consists of undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by federal or state governments or private conservation organizations identified as otherwise protected areas (OPA).

   COASTAL HIGH HAZARD AREA. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM or other adopted flood map as determined in § 7.03(B), as zones VE and AE.

   CO-LOCATION. The siting of two or more wireless telecommunication antennae on the same wireless telecommunication support structure.

   COMMERCIAL USE. Any use permitted by this ordinance in one or more of the B-1 or B-2 zoning district, or as otherwise permitted by this ordinance. Unless otherwise indicated, the meaning and use of the term “commercial” or “business” are similar and the terms are interchangeable.

   COMMUNITY BOATING FACILITY. A private, nonprofit boating facility including a dock, pier and/or launching ramp on property having water frontage, the use of which is intended to serve more than one residential lot. The right to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility. The facility shall be limited to one slip per one residential dwelling unit, not to exceed ten slips.

   CONDOMINIUM. Ownership of single units in a multi-unit structure with common areas and facilities in accordance with G.S. Ch. 47A.

   CONDOMINIUM HOTEL or CONDOTEL. See HOTELMINIUM.

   CONTIGUOUS. Abutting directly or immediately adjacent to a boundary or separated only by a street or public utility right-of-way.

   CONVALESCENT HOME (NURSING HOME). An institution, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A CONVALESCENT HOME is a home for chronic or nursing patients who, on admission, are not as a rule acutely ill or who do not usually require special facilities, such as an operating room, X-ray facilities, laboratory facilities and obstetrical facilities.

   CONVENIENCE STORE. A small store or shop used as a convenient supplement to main shopping that stocks a range of everyday items such as groceries, toiletries, alcoholic and soft drinks.

   CROSSOVER (DUNE). Wooden walkway and steps providing access to the beach, which protect dunes by eliminating foot traffic.

   CUL-DE-SAC. See STREET, CUL-DE-SAC.

   DAY CARE CENTER. A day care facility as defined in G.S. § 110-86(3) as well as a center providing day care on a regular basis for more than two hours per day for more than five adults or children.

   DECK. An accessory structure, with or without a roof, directly adjacent to a principal building, which may be constructed of any materials and may either be freestanding or attached to a building and supported by pillars or posts.

   DEDICATION. A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.

   DENSITY. A ratio expressed as the number of dwelling units per acre (DUA). The ratio is derived by dividing the total number of dwelling units by the total land area (in acres).

   DESIGN FLOOD. See REGULATORY FLOOD PROTECTION ELEVATION.

   DEVELOPER. Any person who engages in development either as the owner or as the agent of an owner of property.

   DEVELOPMENT. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

   DEVELOPMENT ACTIVITY. Any activity defined as DEVELOPMENT which will necessitate a floodplain development permit. This includes buildings, structures and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps and erosion control/stabilization measures.

   DIAMETER AT BREAST HEIGHT (DBH). The diameter of a tree measured four and one-half feet above the ground.

   DIGITAL FLOOD INSURANCE RATE MAP (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

   DIRECT LIGHT. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

   DISPOSAL. As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

   DISTRICT. An area delineated on the official zoning district map for which this ordinance sets forth standards and guidelines for development.

   DISTURBED AREA. The portion of the lot that is allocated for land disturbing activities and construction of structures and associated improvements.

   DOCK. A pier, wharf or platform for the unloading of materials or living beings.

   DOUBLE FRONTAGE LOT or THROUGH LOT. See LOT, DOUBLE FRONTAGE.

   DRAINAGE SYSTEM. The system through which water flows from the land. It includes all watercourses, water bodies and wetlands.

   DRIVEWAY, PRIVATE. A roadway serving two or fewer lots, building sites or other division of land and not intended to be public ingress or egress. That portion of the property area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area. A driveway includes the driveway ramp or entrance at the road, throat, travel lane and parking stall connected to either a private, public or state road.

   DUNE. A naturally placed mound of earth or sand, vegetated or un-vegetated, that can be independent or part of an incorporated system. The word DUNE shall include:

      (1)   Estuarine frontal dunes: the first mounds of sand located landward of the estuarine waters of the intercoastal and having a minimum elevation equal to mean flood level plus six feet;

      (2)   Frontal dunes: the first mound of sand located landward of the ocean beach having sufficient vegetation, height, continuity and configuration to offer protective value;

      (3)   Interior dunes: all dunes located in the town that are not considered frontal dunes; and

      (4)   Primary dunes: the first mounds of sand located landward of the ocean beaches having an elevation equal to mean flood level for the area plus six feet. Primary dunes extend landward to the lowest elevation in the depression behind the same mound of sand.

   DUPLEX. A building containing two dwelling units: where the building is designed to be occupied by two families living independently from each other. The DUPLEX must have a continuous common wall and/or floor assemblies having less than a one-hour fire-resistance rating. A breezeway or porch connection will not be considered a common or party wall.

   DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.

   EDUCATIONAL SERVICES. Comprises uses that provide instruction and training in a wide variety of subjects. This instruction and training is provided by specialized establishments, such as schools, colleges, universities and training centers. These establishments may be privately owned and operated for profit or not for profit, or they may be publicly owned and operated. They may also offer food and accommodation services to their students. EDUCATIONAL SERVICES are usually delivered by teachers or instructors that explain, tell, demonstrate, supervise and direct learning. Instruction is imparted in diverse settings, such as educational institutions, the workplace, or the home through correspondence, television or other means. It can be adapted to the particular needs of the students, for example sign language can replace verbal language for teaching students with hearing impairments. All industries in the sector share this commonality of process, namely, labor inputs of instructors with the requisite subject matter expertise and teaching ability.

   ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

   ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a special flood area, which may impede or alter the flow capacity of a floodplain.

   ENVIRONMENTAL ASSESSMENT (EA). An assessment of a project’s environmental impact as defined in the National Environmental Policy Act of 1969.

   EROSION. The wearing away of the land surface by wind, water, ice or other geologic agents. Erosion occurs naturally from weather or runoff, but is often intensified by human land use practices.

   EVCS LEVEL 1. May be allowed in residential as accessory to the primary permitted use. Such stations located at single-family, two-family, and multi-family land uses shall be designated as private restricted use only. Must meet requirements of Article 7 and building, electrical and accessibility codes.

   EVCS LEVEL 2. May be allowed in residential or commercial districts. Such stations located at single family, two-family, and multi-family land uses shall be designated as private restricted use only. Must meet requirements of Article 7 and building, electrical and accessibility codes.

   EVCS LEVEL 3. May be allowed in commercial districts. Must meet requirements of Article 7 and building, electrical and accessibility codes.

   EXISTING BUILDING and EXISTING STRUCTURE. Any building and/or structure for which the START OF CONSTRUCTION commenced before the community entered the NFIP, dated June 2, 1987.

   EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the community entered the NFIP, dated June 2, 1987.

   FALL RADIUS. A physical radius prescribed by the total effective height of any tower which includes an area which theoretically could be penetrated by the collapse of that tower.

   FAMILY. One or more persons living together as a single housekeeping unit.

   FAMILY CARE HOME. A dwelling that provides room and board for not more than six persons who because of age, illness, handicap or specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort that is regulated by the state. (For purposes of FAMILY CARE HOMES, a “handicapped person” as defined in G.S. § 168-21(2) means a person with a temporary or permanent physical, emotional or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b. If the home is not licensed under G.S. Ch. 31D, Article 1 or is exempt from state licensing, the home shall be considered a group home and shall be subject to all applicable requirements of this ordinance.

   FARMERS MARKET. A specialty market with or without a structure principally for the sale of produce, plants and flowers. Value-added agricultural products such as honey or jam, along with handmade craft items, may be sold, provided their sale is ancillary to the sale of produce, plants and flowers.

   FEDERAL AVIATION ADMINISTRATION (FAA). The Federal Agency responsible for regulating aviation in the United States.

   FEDERAL COMMUNICATIONS COMMISSION (FCC). The Federal Agency responsible for regulating telecommunications in the United States.

   FLEA MARKET. A specialty market, where the use involves the setting up of two or more booths, tables, platforms, racks or similar display areas for the purpose of selling, buying or trading merchandise, goods, materials, products or other items offered for sale outside an enclosed building. FLEA MARKETS shall not include any of the following activities which occur at the same location four or fewer days in any calendar year: garage sales, produce stands or fundraising activities done by a nonprofit organization.

   FLOOD BOUNDARY and FLOODWAY MAP (FBFM). An official map of a community, issued by the FEMA, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the flood insurance rate map (FIRM).

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the FEMA, where the boundaries of the special flood hazard areas have been defined as Zone A.

   FLOOD INSURANCE. The insurance coverage provided under the national flood insurance program.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the FEMA, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated (see also DFIRM).

   FLOOD INSURANCE STUDY (FIS). An examination, evaluation and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones and other flood data in a community issued by the FEMA. The flood insurance study report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published.

   FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (a)   The overflow of inland or tidal waters; and/or

      (b)   The unusual and rapid accumulation of runoff of surface waters from any source.

   FLOOD OR SPOT LIGHT. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

   FLOOD PRONE AREA. See FLOODPLAIN.

   FLOOD ZONE. A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area.

   FLOODPLAIN. Any land area susceptible to being inundated by water from any source.

   FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.

   FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this ordinance prior to the commencement of any development activity.

   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

   FLOODPLAIN MANAGEMENT REGULATIONS. This unified development ordinance and other zoning, flood damage prevention ordinances, subdivision regulations, building codes, health regulations, special purpose flood damage prevention ordinances and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

   FLOODPROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

   FLOOD-RESISTANT MATERIAL. Any building product (material, component or system) capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.

   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

   FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified state licensed engineer using standard engineering methods and hydraulic models meeting the minimum requirement of the National Flood Insurance Program.

   FLOOR AREA. For determining off-street parking and loading requirements: the sum of the gross horizontal areas of each floor of the principal building, and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts and maintenance crawl space.

   FLOOR AREA, GROSS. The total square footage on all floors within a building.

   FREEBOARD. The height added to the BFE to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The BFE plus the FREEBOARD establishes the “regulatory flood protection elevation”.

   FRONTAGE. The lot boundary that coincides with a public thoroughfare or space; the facade of a structure facing the street.

   FULL CUT-OFF TYPE FIXTURE. A luminaire or light fixture that by design of the fixture housing does not allow any light dispersion or direct glare to shine above a 90-degree horizontal plane from the base of the fixture.

   FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

   FUTURE CONNECTION. The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network.

   GARAGE APARTMENT. A structure above a private garage in which provision is made for one dwelling unit. See also ACCESSORY DWELLING UNIT.

   GARAGE (PRIVATE). A building used as an accessory to or a part of the main building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, or service for profit is in any way conducted.

   GAZEBO. A freestanding roofed, open-sided structure providing a shady resting place.

   GEOGRAPHIC SEARCH AREA. An area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering.

   GOLF COURSE. A tract of land designed and laid out for the game of golf having at least nine holes, each with a tee, fairway, green and one or more hazards. A clubhouse, pool and other facilities associated with a country club built around a golf course are considered part of the GOLF COURSE. This definition does not include miniature golf.

   GRADE. The finished ground level adjoining the building at all exterior walls.

   GROUP HOME. A dwelling operated under state regulations that provides room and board for more than six, but less than 13 individuals who as a result of age, illness, handicap or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by the International Building Code with North Carolina Amendments.

   GUESTHOUSE. A separate residence for guests.

   HALF-STREET. A street whose center line coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.

   HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.

   HAZARDOUS WASTE MANAGEMENT FACILITY. As defined in G.S. Ch. 130A, Art. 9, a facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste.

   HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

   HISTORIC STRUCTURE. Any structure that is:

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

      (3)   Individually listed on a local inventory of historic landmarks in communities with a “certified local government (CLG) program”; or

      (4)   (a)   Certified as contributing to the historical significance of a historic district designated by a community with a “certified local government (CLG) program”.

         (b)   Certified local government (CLG) programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended in 1980.

   HOME OCCUPATION. A commercial activity conducted within a residential structure.

   HOTEL or MOTEL. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of such guests; and may have one or more dining rooms, restaurants or cafes where meals are served.

   HOTELMINIUM. A structure containing individually owned hotel or efficiency units, and operated in the manner of a hotel or motel.

   ICE VENDING MACHINE. A freestanding building or modular unit (not to exceed 200 square feet and heights limited to 15 feet) that produces, stores, bags and/or vends ice to the consumer in an automated fashion.

   IMPERVIOUS SURFACE. Any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to compacted earth (such as marl and coquina), concrete, asphalt or other paving material, and all area covered by the footprint of buildings or structures. Porous pavement, gravel, uncovered wooden slatted decks and the water area of a swimming pool are considered pervious.

   INCOMPATIBLE USE. A use or service which is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous or discordant.

   INOPERATIVE VEHICLE. Any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this ordinance, any vehicle which is registered with the North Carolina Department of Motor Vehicles and has a current North Carolina motor vehicle registration license affixed to it shall not be considered INOPERATIVE.

   INTERESTED PARTY. Any person that has an interest in any proceeding or action being proposed or taken.

   JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

(G.S. § 136-143)

   JUNKYARD. An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. An establishment or place of business which stores or keeps for a period of 15 days or more materials within the meaning of JUNK as defined above which had been derived or created as a result of industrial activity shall be deemed to be a JUNKYARD. (G.S. § 136-143)

   KENNEL. A commercial non-incidental or nonprofit establishment used as housing, leasing, sealing, training, rehabilitating, breeding, grooming or fostering of any species, excluding domesticated livestock.

   LAND AREA. The total square footage within a development project property boundary.

   LANDSCAPE LIGHTING. Luminaries mounted in or at grade (but not more than three feet above grade) and used solely for landscape rather than any area lighting.

   LANDSCAPING. The installation and maintenance, usually of a combination of trees, shrubs, plant materials or other ground cover, including grass, mulch, decorative stone and similar materials, but excluding bare soil, uncultivated vegetation, impervious pavement materials and gravel. Any live plant material such as trees, shrubs, ground cover and grass areas left in their natural state.

   LATTICE-TYPE STRUCTURE. A self-supporting, three- or four-sided open steel frame structure used to support telecommunications equipment.

   LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. LETTERS OF MAP CHANGE include:

      (1)   LETTER OF MAP AMENDMENT (LOMA). An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property or structure is not located in a special flood hazard area.

      (2)   LETTER OF MAP REVISION (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

      (3)   LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

      (4)   CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

   LIGHT DUTY TRUCK. Any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:

      (1)   Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;

      (2)   Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

      (3)   Available with special features enabling off-street or off-highway operation and use.

   LIGHTING, OUTDOOR. The night-time illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

   LIMIT OF MODERATE WAVE ACTION (LiMWA). The boundary line given by FEMA on coastal map studies marking the extents of Coastal A Zones (CAZ).

   LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required OFF-STREET PARKING SPACE.

   LOCAL AND STATE GOVERNMENT ADVISORY COMMITTEE (LSGAC). An FCC-established group which works with both carriers and communities on antenna siting solutions.

   LOT. A parcel of land in single ownership occupied or intended for occupancy by a principal building, together with its accessory buildings; including the open space required under this ordinance. For the purpose of this ordinance, the word LOT shall be taken to mean any number of contiguous lots of record for location of one principal building and its accessory buildings.

   LOT, CORNER. A lot abutting the intersection of two or more streets or a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot at the apex meet at any angle of less than 135 degrees. In such, a case the apex of the curve forming the CORNER LOT shall be considered as the intersection of street lines for the purpose of this ordinance, such as in corner visibility requirements.

   LOT COVERAGE. The built-upon area that is covered by impervious or partially impervious cover including buildings, pavement, recreation facilities, but not including decking.

   LOT DEPTH. The depth of a lot is the average distance between the front and back lot lines measured at right angles to its frontage and from corner to corner.

   LOT, FLAG. A large lot not meeting minimum lot frontage requirements and where access to a public or private street is provided by means of a long, narrow driveway between abutting lots.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT LINE. The line bounding a lot.

   LOT OF RECORD. A lot that is shown on a subdivision recorded in the office of Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds prior to the incorporation of the town.

   LOT, REVERSE FRONTAGE. A key lot or the first lot to the rear of a corner lot, the front lot line of which is a continuation of the side lot line of the corner lot, and fronting on the street that intersects the street upon which the corner lot fronts and/or that faces the street upon which the side of a corner lot abuts.

   LOT, THROUGH (ALSO LOT, DOUBLE FRONTAGE). An interior lot having frontage on two streets.

   LOT WIDTH. The straight line distance between the points where the building setback line intersects the two side lot lines.

   LOWEST ADJACENT GRADE (LAG). The lowest elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

   LOWEST FLOOR. The lowest floor of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or limited storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

   LUMINAIRE, FULLY SHIELDED (FULL CUTOFF). A luminaire emitting no light above the horizontal plane.

   LUMINAIRE (LIGHT FIXTURE). A complete lighting unit consisting of one or more electric lamps, the lamp holder, any reflector or lens, ballast (if any), and any other components and accessories.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a “recreational vehicle”.

   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

   MAP REPOSITORY. The location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carries the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data, the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map repository.

   MARINA. Any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than ten boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service. Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services. Boat ramp facilities providing access only are excluded.

(NCAC 10B.1401(9))

   MARKET VALUE. The building value, not including the land value and that of any accessory structures or other improvements on the lot. MARKET VALUE can be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

   MOBILE OFFICE. A structure identical to a manufactured home except that it has been converted, or originally designed and constructed, for commercial or office use.

   MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed 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.

   MONOPOLE TOWERS. A slender, open-telescoping, self-supporting tower used to support telecommunications equipment.

   NATURAL AREA. The portion of the lot that is required to remain undisturbed in its natural state and retain its natural vegetation. Disturbance of the NATURAL AREA and the removal of natural vegetation shall be permitted only as specifically authorized in this ordinance.

   NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

   NONCONFORMING BUILDING OR STRUCTURE. A structure that does not conform or comply with the dimensional regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or the regulation from which it derives, or as a result of one or more subsequent amendments to them.

   NONCONFORMING LOT. A lot existing at the effective date of this ordinance (May 2, 1990) or any amendment to it (and not created for the purpose of evading the restrictions of this ordinance) that cannot meet the minimum dimensional requirements of the district in which the lot is located.

   NONCONFORMING SIGN. Any sign lawfully existing on the effective date of this ordinance or of the regulations from which it arises, or amendment to them, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance or regulation.

   NONCONFORMING USE. The use of a building, manufactured home or land 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 (May 2, 1990) or as a result of subsequent amendments which may be incorporated into this ordinance.

   NON-ENCROACHMENT AREA (NEA). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.

   NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). The official vertical datum in the National Spatial Reference System (NSRS) for the Conterminous United States and Alaska. A vertical datum is a surface of zero ground elevation to which heights of various points are referenced. Mean sea level was not a good reference due to differences at various locations.

   NUISANCE. Anything that interferes with the use or enjoyment of property.

   NURSING HOME. See CONVALESCENT HOME.

   OBTRUSIVE LIGHT. Spill light that causes glare, annoyance, discomfort or loss of visual ability. Light pollution.

   OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the North Topsail Beach Board of Aldermen.

   OPEN SPACE. 

      (1)   Any land or area, the preservation of which in its present use would:

         (a)   Conserve and enhance natural or scenic resources;

         (b)   Protect streams or water supply;

         (c)   Promote conservation of soils, wetlands, beaches or tidal marshes;

         (d)   Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries; or

         (e)   Enhance recreation opportunities.

      (2)   OPEN SPACE. Shall not include lands below mean high water.

   ORDINANCE. This unified development ordinance, text and map including any amendments. Whenever the effective date of the ORDINANCE is referred to, the reference includes the effective date of any amendment to it.

   OTHERWISE PROTECTED AREA (OPA). See COASTAL BARRIER RESOURCES SYSTEM

(CBRS).

   OVERLAY ZONING. Zoning which crosses other zoning lines which may add additional requirements to each line crossed or “overlaid”. Note: does not include areas established by the state or federal government such as the inlet hazard area or the coastal resource barrier system.

   OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property.

   PARK. Land consisting of open space, in grasses, trees and possibly with shrubbery, sometimes providing paths for walking and bicycling, maintained as a public or semi-public use. PARKS are usually either a formal landscape, or maintained in basically a natural state.

   PARKING LOT. Any public or private area, providing ten or more parking spaces designed and used for parking or storing motor vehicles.

   PARKING SPACE. A storage space of not less than 160 square feet for one automobile.

   PERVIOUS SURFACE. Any material that permits full or partial absorption of stormwater into previously unimproved land.

   PIER. A water-related structure extending into the water from the shore, whether floating or fixed to the bottom, for use as a boat landing place or promenade, constructed of pylons and decking for mooring and access to a boat or watercraft. May also include structures designed and constructed to serve as a means of recreational access (fishing and the like) to the ocean and sound waters.

   PLANNED UNIT DEVELOPMENT (PUD).

      (1)   A zoning overlay;

      (2)   A special use designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots and common building sites. Common open space must be an element of the plan related to affecting the long-term value of the entire development; or

      (3)   A subdivision designed to permit flexibility and allow creative approaches to residential development not usually associated with conventional subdivisions. Flexible setbacks and lot sizes are considered.

   PLANNING BOARD. The town’s committee empowered to prepare a comprehensive plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan.

   PLAT. A document, prepared by a registered surveyor or engineer, that delineates property lines and shows monuments and other landmarks for the purpose of identifying property.

   POST-FIRM. Construction or other development for which the “start of construction” occurred on or after July 2, 1987, the effective date of the initial flood insurance rate map.

   POSTAL SERVICE. Comprises establishments primarily engaged in operating the national postal service. Establishments primarily engaged in performing one or more POSTAL SERVICES, such as sorting, routing and/or delivery, on a contract basis (except the bulk transportation of mail) are included in this industry.

   PRE-FIRM. Construction or other development for which the “start of construction” occurred before July 2, 1987, the effective date of the initial flood insurance rate map.

   PREMISES. A single piece of property as conveyed in a deed or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or group of buildings are to be constructed.

   PRIMARY FRONTAL DUNE (PFD). A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

   PRINCIPAL BUILDING. See BUILDING, PRINCIPAL.

   PRINCIPALLY ABOVE GROUND. That at least 51% of the actual cash value of the structure is above ground.

   PRIVATE CLUBS. See CLUB OR LODGE.

   PUBLIC ADMINISTRATION. Consists of establishments of federal, state and local government agencies that administer, oversee and manage public programs and have executive, legislative or judicial authority over other institutions within a given area.

   PUBLIC ROAD OR STREET. A road or street that has been dedicated for use and maintenance by the town or the state and serves as the principal means of access to abutting properties.

   PUBLIC SAFETY and/or NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

   PUBLIC SEWAGE DISPOSAL SYSTEM. An approved sewage disposal system serving two or more connections including private, municipal and sanitary district sewage systems located and constructed according to specifications of the County Health Department in consultation with the division of health services and/or the division of environmental management of the department of environment, health and natural resources. This definition is not to be inferred as limited to publicly owned or operated systems, as such systems may be owned and operated by either public or private enterprise.

   PUBLIC WATER SUPPLY SYSTEM. An approved water supply system serving 15 or more connections including county, municipal and sanitary district water systems designated to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services and/or the division of environmental management of the department of environment, health and natural resources. This definition is not to be inferred as limited to publicly owned or operated systems, as such systems may be owned and operated by either public or private enterprise.

   RECREATIONAL VEHICLE (RV).

      (1)   A vehicle which is:

         (a)   Built on a single chassis;

         (b)   Four hundred square feet or less when measured at the largest horizontal projection;

         (c)   Designed to be self-propelled or permanently towable by a light-duty truck;

         (d)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use; and

         (e)   Is fully licensed and ready for highway use.

      (2)   For the purpose of this ordinance, “tiny homes/houses” and park models that do not meet these items listed above are not considered RECREATIONAL VEHICLES and should meet the standards of and be permitted as residential structures.

   REFERENCE LEVEL. The bottom of the lowest horizontal structural member of the lowest floor for structures within all special flood hazard areas.

   REGULATORY FLOOD PROTECTION ELEVATION. The base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In special flood hazard areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.

   REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the flood damage prevention ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

   RENTAL, SHORT-TERM. See SEASONAL RENTAL.

   REPETITIVE LOSS. Flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

   RESERVATION. A reservation of land does not involve any transfer of property rights, it simply constitutes an obligation to keep property free from development for a stated period of time.

   RESERVE STRIP. A narrow strip of land overlying a dedicated street reserved to the town or NCDOT for control of access until such time as additional right-of-way is accepted by the town or NCDOT for the continuation or widening of the street.

   RESTAURANT. A commercial establishment where food and drink are prepared, served and consumed primarily within the principal building.

   RETAINING WALL. A human-made barrier constructed for the purpose of stabilizing soil, retarding erosion or terracing a parcel or site.

   RETREAT CENTER. A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A RETREAT CENTER may be owned by a profit or not-for-profit organization.

   RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

   SALVAGE YARD. Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

   SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

   SATELLITE DISH ANTENNA(S) (SATELLITE EARTH STATIONS). A single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A SATELLITE EARTH STATION may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.

   SCREENING. A fence, wall, hedge, landscaping, earth berm, buffer area or any combination of these provided to create a visual and/or physical separation between certain land uses. SCREENING may be located on the property line or elsewhere on the site.

   SEASONAL RENTAL. The rental of residential property for vacation, leisure or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return, as defined by the NC Vacation Act 42A-4, as amended.

   SETBACK. The required distance between every structure and the lot lines of the lot on which it is located.

   SEWAGE SYSTEM, PUBLIC OR COMMUNITY. See PUBLIC SEWAGE DISPOSAL SYSTEM.

   SHALL. The term, when used in this ordinance, is construed as mandatory.

   SHEAR WALL. Walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). SHEAR WALLS are parallel or nearly parallel to the flow of the water.

   SHOPPING CENTER. A group of commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location size and type of shops to the trade area which the unit serves.

   SIGN. A communication device, structure or fixture used to attract attention or convey a message, when the same is placed in view of the general public and includes every billboard, freestanding ground sign, wall sign, roof sign, illuminated sign, projecting sign and temporary sign.

   SIGN, ABANDONED. A sign pertaining to or associated with an event, business or purpose which is no longer ongoing and which has been inactive or out of business for a period of 90 consecutive days or longer; or a sign which contains structural components but no display for a period of 90 consecutive days or longer.

   SIGN, ADVERTISING. A sign that has as its purpose to promote, advertise or sell a product or service obtainable on the premises upon which the sign is located, and not to identify the premises.

   SIGN AREA. Shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area including architectural trim and structural members. In computing AREA, only one side of a double-faced sign shall be considered.

   SIGN, COMBINATION. A sign incorporating any combination of the features of the pole, projecting and roof signs.

   SIGN, DIRECTIONAL. Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit and one-way.

   SIGN, DISPLAY. The area made available by the sign structure for the purpose of displaying the advertising message.

   SIGN, ELECTRIC. A sign containing electrical wiring, but not including signs illuminated by an exterior light source.

   SIGN, FREESTANDING. Any sign supported wholly or in part by some structure other than the building or buildings housing the business to which the sign pertains, or any sign which projects more than five feet from the side of the building to which it is attached.

   SIGN, GROUND. A billboard or similar type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign or pole sign, as defined by the ordinance.

   SIGN, IDENTIFICATION. A sign used to display only the name, address, crest or trademark of the business, individual, family, organization or enterprise occupying the premises, the profession of the occupant or the name of the building on which the sign is displayed; or a permanent sign announcing the name of a subdivision, shopping center, tourist home, group housing project, church, school, park or public or quasi-public structure, facility or development and the name of the owners or developers.

   SIGN, OFF-PREMISES. A sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

   SIGN, POLE. A sign wholly supported by a sign structure in the ground.

   SIGN, PORTABLE DISPLAY SURFACE. A display surface temporarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals.

   SIGN, PRINCIPAL USE OR ON-PREMISES. Any sign advertising an establishment, a service commodity, or activity conducted upon the premises where the sign is located.

   SIGN, PROJECTING. A sign other than a wall sign, which projects from and is supported by a wall of a building or structure.

   SIGN, REAL ESTATE (OFF-SITE). A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.

   SIGN, REAL ESTATE (ON-SITE). A sign announcing the sale or rental of the property upon which the sign is located.

   SIGN, ROOF. A sign erected upon or above a roof or parapet of a building or structure.

   SIGN, SNIPE. A sign which is attached to trees, poles or to other objects, with a message appearing on it that does not apply to the present use of the premises or structure upon which the sign is located. Any sign in the state or town right-of-way is a SNIPE SIGN, unless a minor easement and permit has been issued by the town.

   SIGN STRUCTURE. Any structure which supports or is capable of supporting a sign as defined in the ordinance.

   SIGN, WALL. Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.

   SINGLE-FAMILY DWELLING. A building containing one dwelling unit only, where the building is designed to be occupied by one family.

   SITE PLAN. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features both natural and human-made and, depending on requirements, the location of proposed utility lines.

   SITE-SPECIFIC DEVELOPMENT PLAN.

      (1)   A plan of land development submitted to the town for purposes of obtaining one of the following zoning or land use permits:

         (a)   Subdivision plans as referenced in the subdivision ordinance in effect at the time a vested right is requested; or

         (b)   Conditional use district and/or permit and planned unit development (PUD) as referenced in the zoning ordinance in effect at the time a vested right is requested.

      (2)   All SITE-SPECIFIC DEVELOPMENT PLANS shall conform to the referenced ordinances as well as the following:

         (a)   The approximate boundaries of the site;

         (b)   Significant topographical and other natural features affecting development of the site;

         (c)   The approximate location on the site of the proposed buildings, structures and other improvements;

         (d)   The approximate dimensions, including height, of the proposed buildings and other structures; and

         (e)   The approximate locations of all existing and proposed infrastructure on the site, including water, sewer, roads and pedestrian walkways.

      (3)   Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a SITE-SPECIFIC DEVELOPMENT PLAN.

   SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).

   SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.

   SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined in § 7.03(B).

   SPECIALTY MARKET. Rented spaces at a location other than a permanent retail store, to others for the purpose of selling goods at retail or offering goods for sale at retail (i.e., flea market, farmers market).

   SPILL LIGHT. Light from a lighting installation that falls outside of the boundaries of the property on which it is located. Usually results in obtrusive light.

   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

   STEALTH WIRELESS TRANSMISSION FACILITY. A wireless transmission facility that is screened, disguised, concealed or otherwise camouflaged as a natural structure, structure or part of a structure such that the wireless transmission facility is indistinguishable from other natural structures, structures or the structure that it is attached to or within.

   STREET. A thoroughfare which affords the principal means of access to abutting property.

   STREET, CUL-DE-SAC. A street designed with a closed end, terminated by a vehicular turnaround and does not intersect with another street.

   STREET, PRIVATE. Any road or street which:

      (1)   Is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public; and

      (2)   Requires a subdivision streets disclosure statement pursuant to G.S. § 136-102.6, as amended.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders except for repair or replacement.

   STRUCTURE. A walled or roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

   SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. (Note: The last sentence is required for eligibility for increased cost of compliance (ICC) benefits for repetitive losses.)

   SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50% of the market value of the structure before the START OF CONSTRUCTION of the improvement. This term includes structures which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either:

      (1)   Any correction of existing violations of state or community health, sanitary or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (2)   Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure and the alteration is approved by variance issued pursuant to § 7.04(E).

   SWIMMING POOL. Any permanent outdoor structure intended for swimming or recreational bathing that contains water over 24 inches deep including in-ground, above-ground and on-ground swimming pools, hot tubs and spas, but not including temporary or inflatable pools having a depth of 24 inches or less. A structure is considered “outdoor” if it is not totally contained within a roofed structure and surrounded on all four sides by the walls of the enclosing structure.

   TAXI SERVICE. Comprises establishments primarily engaged in providing passenger transportation by automobile or van, not operated over regular routes and on regular schedules. Establishments of taxicab owner/operators, taxicab fleet operators or taxicab organizations are included in this industry.

   TECHNICAL BULLETIN and TECHNICAL FACT SHEET.

      (1)   A FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in 44 CFR 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations, rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.

      (2)   It should be noted that technical bulletins and technical fact sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must also be met for any building in a flood hazard area.

   TEMPERATURE CONTROLLED. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

   TOWAIR. Landing facility slope calculations designed to avoid obstruction by towers to aircraft.

   TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with open space on at least two sides.

   USE, CHANGE OF. The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including, a change of ownership, tenancy or management where the previous nature of the use, line of business or other function is substantially unchanged.

   USE, PERMITTED. A use which is permitted in a district for which a zoning permit may be issued by the Zoning Administrator.

   USE, SPECIAL. A use which is permitted under certain conditions in a district only after review by the Planning Board and final approval by the Board of Aldermen after review by the Planning Board.

   UTILITIES. Comprises uses engaged in the provision of the following utility services: electric power, natural gas, steam supply, water supply and sewage removal. Within this sector, the specific activities associated with the utility services provided vary by utility: electric power includes generation, transmission and distribution; natural gas includes distribution; steam supply includes provision and/or distribution; water supply includes treatment and distribution; and sewage removal includes collection, treatment and disposal of waste through sewer systems and sewage treatment facilities. Excluded from this sector are establishments primarily engaged in waste management services classified in Subsector 562, Waste Management and Remediation Services. These establishments also collect, treat and dispose of waste materials; however, they do not use sewer systems or sewage treatment facilities.

   VARIANCE. A grant of relief from the requirements of this ordinance.

   VIOLATION. The failure of a structure or other development to be fully compliant with this ordinance. Also, a structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §§ 7.04 and 7.05 is presumed to be in violation until such time as that documentation is provided.

   WALKWAY or BOARDWALK. A wooden walkway for pedestrians providing a common path through wetlands or to crossovers of coastal dunes and other sensitive environments.

   WATER DEPENDENT STRUCTURES. Those structures that require access or proximity to or sitting within surface waters to fulfill its 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. Reference 15A NCAC 02B.0202.

   WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

   WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.

   WETLANDS. Waters defined to be wetlands as determined by the North Carolina Department of Environmental Quality and/or the United States Army Corps of Engineers. WETLANDS shall also include all waters defined as wetlands by NC Session Law 2023-63/NC Senate Bill 582, as may be amended from time to time.

   WIRELESS TELECOMMUNICATIONS ATTACHMENTS (WTA). Devices mounted onto a support structure, principally intended to radiate or receive a source of non-ionizing electromagnetic radiation (NIER), and accessory equipment related to broadcast services, including, but not limited to, private radio services, cellular or digital telephone services, pagers, beepers, wireless data repeaters and common carriers (as regulated by the FCC), including AM, FM, two-way radio, fixed point microwave dishes, commercial satellite, HDTV, cellular and PCS communication systems. The term WTA does not include electrical or telephone transmission lines or supporting distribution structures, antennas of amateur radio (ham) operators, and amateur club services licensed by the FCC.

   WIRELESS TELECOMMUNICATIONS SUPPORT STRUCTURE (WTSS). All freestanding monopole, self-supported, guyed or similar structures whose primary design is to provide for support and placement of wireless telecommunications antennas.

   YARD. An open space on the same lot with a building (including the area of steps, eaves and uncovered porches, but not including the areas of covered porches) unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

   YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building to the front line of the lot.

   YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

   YARD, SIDE. An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or, where no rear yard is required, to the rear line of the lot.

   ZERO LOT LINE. A concept commonly used in planned developments where individual commercial buildings or dwellings, such as townhouses (row houses), duplex town homes and patio homes, are sold along with a small yard or patio area. Such commercial or residential units are grouped in buildings with two or more units per building, usually including common walls or married walls. With ZERO LOT LINE development styles, the minimum interior side yard requirements are relaxed. Construction takes place right up to the lot line.

   ZONING. A police-power measure, enacted primarily by general-purpose units of local government, in which the community is divided into districts or zones within which permitted and conditional uses are established as are regulations governing lot size, building bulk, placement and other development standards. Requirements vary from district to district, but they must be uniform within districts. The unified development ordinance consists of two parts: a text and a map.

   ZONING VESTED RIGHT. A right pursuant to G.S. § 153A-344.1 to undertake and complete the development and use of land under the terms and conditions of an approved site development plan even if the zoning or zoning district requirements are changed prior to development.

(Ord. passed 12-2-2004; Ord. passed 3-3-2005; Ord. passed 6-1-2006; Ord. passed 5-6-2010; Ord. passed 11-2-2011; Ord. 2015-4, passed 5-7-2015; Ord. passed 11-3-2016; Ord. passed - -; Ord. passed 7-1-2021; Ord. passed 4-5-2023; Ord. passed 10-4-2023)

TABLE 11-1 ABBREVIATIONS

   Below is a list of abbreviations and their meanings found throughout the ordinance.

AASS	Alternative antenna support structures
AEC	Area of environmental concern
AMTA	American Mobile Telecommunications Association
BFE	Base flood elevation
BOA	Board of Aldermen
CAMA	Coastal Area Management Act
CBRS	Coastal barrier resources system
CLOMR	Conditional letter of map revision
dbh	Diameter at breast height
DENR	North Carolina Department of Environment and Natural Resources
DWQ	Division of Water Quality
FAR	Floor area ratio
Fc	Foot-candles
FEMA	Federal Emergency Management Agency
FIRM	Flood insurance rate map
FIS	Flood insurance study
GIS	Geographic information system
G.S.	North Carolina General Statutes
HAG	Highest adjacent grade
HQW	High quality water
LAG	Lowest adjacent grade
LOMR	Letter of map revision
LSGAC	Local and State Government Advisory Committee
NCDOT	North Carolina Department of Transportation
NFIP	National flood insurance program
NGVD	National geodetic vertical datum
OPA	Otherwise protected area
P	Permitted use
PB	Planning Board
ROW	Right-of-way
RV	Recreational vehicle
SFHA	Special flood hazard area
S	Special use
TDM	Transportation demand management
TIA	Traffic impact analysis
TRC	Technical Review Committee
UDO	Unified development ordinance
USDA	United States Department of Agriculture
USGS	United States Geologic Survey
WSE	Water surface elevation
WTSS	Wireless telecommunication support structures
ZBA	Board of Adjustment

 

(Ord. passed 11-2-2011)