For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OF STRUCTURE. A use or structure on the same lot with, but of a nature customarily incidental and subordinate to, the principal use or structure.
ADULT DAY CARE FACILITY. A center or place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five, but not more than 50, adults 18 years of age or more for more than four hours per day, but not to exceed 24 hours at one time. Services must be provided in a home or facility certified to meet State standards and shall be provided for the following individuals:
(1) Adults who do not need nursing care but who require complete, full-time daytime supervision;
(2) Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; and
(3) Adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to institutionalization.
AEROSTAT MANUFACTURING. The manufacturing and assembly of various products and materials to construct aerostats. Fabrics are cut and sealed together using methods such as heat, radio frequency and ultrasonic. The process includes the machining of components and electro-mechanical assembly. Laboratory facilities are involved in the development, testing and analysis of products and processes. The testing of the finished product could include the flying of aerostats.
AIRPORT. A tract of land or water with facilities for aircraft landing, take-off, shelter, supply and repair. Often used for receiving and discharging passengers and cargo.
ALLEY. A roadway easement which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
ALTER. To make any structural changes in the supporting or loadbearing members of a building, such as walls, columns, beams, girders or floor joints.
ANTENNA ARRAY. Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
APARTMENT. A room or suite of one or more rooms, each of which have kitchen facilities, and are designed or intended to be used, as an independent unit, on a rental basis.
APPLICANT. The property owner(s) or authorized agent submitting a petition for a special or conditional use permit.
AREAS OF ENVIRONMENTAL CONCERN (AEC's). Areas specifically defined in subchapter 7-H of Chapter 15 of the North Carolina Administrative Code. These defined areas which may be located within the jurisdiction of Pasquotank County include: Coastal Wetlands; Estuarine Waters; Estuarine Shorelines, and Public Trust Areas. If an AEC is involved in any permitted activity covered by this chapter, then additional permits may be required by the State of North Carolina; the four major AEC's are further briefly defined as follows: (See § 157.192).
(1) COASTAL WETLANDS. Any salt marsh or other marsh subject to regular or occasional flooding by tides.
(2) ESTUARINE WATERS. All waters of the Atlantic Ocean, and associated bays, sounds, rivers and tributaries, within the boundaries of North Carolina.
(3) ESTUARINE SHORELINE. Non-ocean shorelines especially vulnerable to erosion, flooding, or other adverse effects of wind or water, and which are connected to the estuary.
(4) PUBLIC TRUST AREAS. All public navigable waters, and lands thereunder subject to measurable lunar tides.
ASSEMBLY. A joining together of completely fabricated parts to create a finished product.
ATTACHED WIRELESS COMMUNICATION FACILITY. An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
BEACH BINGO GAMES. Any principal business enterprise where specific games of chance are played with individual cards having numbered squares ranging from one to 75, in which prizes are awarded on the basis of designated numbers on such cards conforming to a pre-determined pattern of numbers. Awarded prizes may not exceed $10 in cash or merchandise.
BED AND BREAKFAST INN. A form of guest lodging in which bedrooms are rented and breakfast is served, where such accommodations are provided only in buildings used principally as private residences or in accessory structures.
BOARD OF ADJUSTMENT. A quasi-judicial body composed of representatives from the zoning jurisdiction area which are given certain powers under and relative to this chapter.
BUFFER. A screening device used to moderate the adverse impacts of one land use upon another. Buffers may include walls, hedges, landscaped areas, berms, additional setbacks, or combination of the above. See § 157.120.
BUILDING. A structure having a roof supported by column or walls, for the shelter, housing or enclosure of persons, animals or goods.
BUILDING, COMMERCIAL. Any building used for business purposes.
BUILDING, DETACHED. A building having no party or common wall with another building except an accessory building.
BUILDING, HEIGHT OF. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest, to the highest point of the building.
BUILDING, PRINCIPAL. A building in which the principle use of the lot on which the building is situated is conducted.
CERTIFICATE OF OCCUPANCY/COMPLIANCE. A statement signed by an administrative officer authorized by the Board of Commissioners, setting forth that the building, structure, or use complies with the Zoning Ordinance, and that the same may be used for the purpose stated herein.
CHILD DAY CARE CENTER. A place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of children. Inclusive of kindergarten, a facility for the care and/or education of pre-school children.
CLUB OR LODGE, PRIVATE. An establishment operated by a corporation or association of persons for recreational or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business.
COLLOCATION. The installation of new wireless facilities on previously approved structures, including towers, buildings, and water tanks.
CONTRACTOR, GENERAL. One who is engaged in all or most aspects of building construction and/or land development through a legal agreement.
CONTRACTOR, TRADES. One who accomplishes work or provides facilities under contract with another specifically engages in a special trade such as plumbing, heating, wiring, sheet metal, roofing work, etc.
DRIVE-IN (EATING OR DRINKING FACILITY). An establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.
DRYSTACK BOAT STORAGE. A dry dock boat storage facility associated with commercial marinas.
DUPLEX (TWO-FAMILY DWELLING). A building on one lot arranged and designed to be occupied by two families living independently of each other.
DWELLING, MULTIPLE. A building used for or designed as a residence for more than two families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a manufactured/mobile home, designed for and occupied by one family only.
DWELLING, SINGLE-FAMILY (ATTACHED). An addition to a single-family dwelling for the housing and caring for an immediate family member (mother, father, son, daughter, brother, sister, grandparent, grandchild, nephew or niece) is allowable so long as the same is in compliance with the Albemarle Regional Health Services Regulations. The addition shall be attached to the principal building and include a doorway which provides access to the addition from within the principal building. The addition shall not consist of a manufactured home, manufactured home, class A, or mobile home as defined within this chapter.
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.
ERECT. Build, construct, rebuild, reconstruct as the same are commonly defined.
EVENT CENTER. A multi-purpose venue facility hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions or parties, concert settings, and general get-togethers. An event center could typically have a catering kitchen, indoor and/or outdoor seating and a stage or event area.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision.
FAA. Federal Aviation Administration.
FABRICATION. Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber, or rubber. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects.
FAMILY. One or more persons related by blood, adoption or marriage, or a group of not more than five persons not related by blood, adoption or marriage living together as a single housekeeping group in a dwelling unit.
FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident handicapped persons.
FCC. Federal Communications Commission.
FIELD OFFICE/STORAGE UNIT, TEMPORARY. A building or portion of a building used for the coordination and/or storage for a construction project by the general or subcontractor. Such a temporary field office/storage unit shall be located within the confines of a project site on which the construction is taking place.
FRONTAGE. All property abutting on one side of a street measured along the street line.
FTA. Federal Telecommunications Act of 1996.
GARAGE, PRIVATE. A building or space used as an accessory to or a part of the main building permitted in any residential district that provides storage space for motor vehicles and in which no business, occupation or service for profit is in any way conducted.
GROUP HOME. A facility owned or operated by a nonprofit organization intended to be used solely for temporary occupancy by outpatients being treated at a local hospital and family members of patients being treated at a local hospital, with occupancy not to exceed 20 families per acre.
HOME CARE UNIT. A facility meeting all the requirements of the State of North Carolina for boarding and care of not more than five persons who are not critically ill and do not need professional medical attention, to include homes for the aged.
HOME OCCUPATION. Certain occupations customarily conducted for profit within a dwelling and carried on by the occupant thereof, which use is clearly subordinate to the use of the dwelling for
residential purposes - limitations are prescribed in this chapter to insure against the growth of a home occupation into a commercial enterprise.
IMPROVEMENTS. The addition of any building, accessory building, parking area, loading area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or parcel of property.
INDUSTRIAL LAUNDERERS. Establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as Personal Services. Typical uses include laundry agencies, diaper services or linen supply services.
INTERNET SWEEPSTAKES CAFÉ. Any principal business enterprise, where persons utilize electronic machines including, but not limited to, computers and gaming terminals to conduct games of chance (including sweepstakes) and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This definition includes, but is not limited to, internet sweepstakes, video sweepstakes, electronic gaming operations, internet cafes, and/or cybercafés. Internet sweepstakes cafes shall only be allowed as a principal or primary use and shall not be permitted as an accessory use or combination use. Any lottery approved by the State of North Carolina is not included under this definition.
JUNK. Pre-used or unusable metallic parts or other non-metallic manufactured products that are worn, deteriorated or obsolete making them unusable in their existing condition, but are subject to be dismantled and salvaged.
JUNK YARD. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking, structural steel materials and equipment, but not including the purchase or storage of used furniture, used cars in operable condition, used or salvaged materials as part of manufacturing operations.
JUNKED OR WRECKED MOTOR VEHICLES. Motor vehicles which do not display a current license plate or a current registration sticker and which do not display a current inspection sticker issued by or in the same state as the license plate or registration sticker and which either:
(1) Are partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the manner in which originally intended.
KENNEL. A place or facility prepared to house, board (for a long or short term period), breed, handle, train or otherwise keep or care for dogs and cats of customers, patrons or others, including lost or strayed animals for compensation or as a humanitarian gesture. Facilities which solely provide dental, medical or surgical care are exempt from this definition.
KENNEL RUN, OUTSIDE. A fenced area outdoors for individual animals to get exercise.
LOT. A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development and which is recorded as such in the Pasquotank County Register of Deeds office.
LOT, AREA OF. The parcel of land enclosed within the boundaries formed by the property lines.
LOT, CORNER. A lot abutting upon two streets or roads (including platted but unopened streets or roads) thus having two front lines.
LOT DEPTH. The depth of a lot, for the purpose of this chapter, is the distance measured in the mean direction of the sidelines of the lot from the mid-point of the front line to the mid-point of the opposite lot line.
LOT LINE. Any boundary of a parcel of land.
LOT LINE, FRONT. Any boundary line of a lot running along a street right-of-way line. If a lot abuts more than one street right-of-way line the front lot line shall be determined at final subdivision plat approval or by the placement of the structure provided appropriate setback requirements are met.
LOT LINE, REAR. The lot line opposite the front lot line.
LOT LINE, SIDE. Any lot line which is not a front or rear lot line.
LOT OF RECORD. A lot, or plat or a map which has been recorded in the Office of Pasquotank County Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the Pasquotank County Register of Deeds Office.
LOT WIDTH. The distance between the side lot lines as measured along the front building lines as specified by the applicable front yard setback in this ordinance.
MANUFACTURED COMMERCIAL UNIT. A manufactured building designed to be used as a commercial structure which has been constructed and labeled indicating compliance with the North Carolina State Building Code and shall meet the following additional requirements:
(1) A continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is installed under the unit after placement on the lot and before occupancy; and
(2) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
MANUFACTURED HOME. A single-family dwelling composed of one single section fabricated in an offsite manufacturing facility for installing on the building site bearing a seal certifying that it was built in compliance with the Federal Manufactured Housing and Construction Safety Standards. In addition the MANUFACTURED HOME shall meet the following criteria.
(1) Skirting requirements.
(a) The perimeter of the MANUFACTURED HOME shall, upon installation, have either (i) a permanent, continuous masonry curtain wall or (ii) a continuous and opaque manufactured foundation skirting specifically designed for manufactured homes which is ventilated, pre-packaged, and
installed according to written instructions from the manufacturer (not to include wood or corrosive materials i.e. aluminum, steel).
(b) The following installation requirements for manufactured home skirting must be met in addition to the supplier's manufactured home skirting instructions.
1. A minimum 2"x 2"x 12" salt-treated stake shall be driven into the ground abutting the rear side of the channel, flush with the top of the channel, no more than 12 inches from each corner. Additional minimal 2"x 2"x 12" stakes shall be located at a minimum four feet on center the entire length of the channel. Minimum two-inch self-tapping screws shall be driven through the front of the channel, through the skirting panel and into the wooden stake at each stake location.
2. Fasten each skirting panel (top and bottom) with a no. 8, one-inch self-tapping screw.
3. If the finished floor is 40 inches or higher than existing grade, an additional support consisting of either 2"x 2" salt-treated lumber or extra channel shall be installed to prevent bowing. Each skirting panel shall be attached to the support by using a self-tapping screw.
(c) The perimeter skirting shall be installed prior to receiving a certificate of occupancy/compliance.
(2) Landing preference. Although not required, it is preferred that all exterior doors be accessed directly by a minimum 4' x 4' landing.
MANUFACTURED HOME, CLASS A. A single-family manufactured home consisting of multiple sections fabricated in an offsite manufacturing facility for installing and assembling on the building site bearing a seal certifying that it was built in compliance with the Federal Manufactured Housing and Construction Safety Standards. In addition the MANUFACTURED HOME, CLASS A shall meet the following criteria:
(1) Exterior appearance requirements. The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.
(2) Skirting requirements.
(a) If located on a single lot, the perimeter of the MANUFACTURED HOME, CLASS A shall, upon installation, have a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access. the masonry curtain wall shall be installed prior to receiving a certificate of occupancy/compliance.
(b) In mobile home parks that have been registered in the Pasquotank County Tax Office, the perimeter of a MANUFACTURED HOMES, CLASS A shall have either (i) a permanent, continuous masonry curtain wall or (ii) a continuous and opaque manufactured foundation skirting specifically designed for manufactured homes which is ventilated, pre-packaged, and installed according to written instructions from the manufacturer (not to include wood or corrosive materials i.e. aluminum, steel). The following installation requirements for manufactured home skirting must be met in addition to the supplier's manufactured home skirting instructions:
1. A minimum 2"x 2"x 12" salt-treated stake shall be driven into the ground abutting the rear side of the channel, flush with the top of the channel, no more than 12 inches from each corner. Additional minimal 2"x 2"x 12" stakes shall be located at a minimum four feet on center the entire length of the channel. Minimum two-inch self-tapping screws shall be driven through the front of the channel, through the skirting panel and into the wooden stake at each stake location.
2. Fasten each skirting panel (top and bottom) with a no. 8, one-inch self-tapping screw.
3. If the finished floor is 40 inches or higher than existing grade, an additional support consisting of either 2"x 2" salt-treated lumber or extra channel shall be installed to prevent bowing. Each skirting panel shall be attached to the support by using a self-tapping screw.
(3) Landing preference. Although not required, it is preferred that all exterior doors be accessed directly by a minimum 4' x 4' landing.
MARINA, COMMERCIAL. Any dock or basin and associated structures providing permanent or temporary commercial harboring more than 10 commercial and/or pleasure boats and providing services related to the facility including, but not limited to, fuel sales, retail and food sales, dry stack boat storage, and other related services. Pump out facilities are required at commercial marinas.
MARINA, RESIDENTIAL. A private, non-profit boating facility, including permanent or temporary docks, piers and/or launching ramp planned for the harboring or storing of ten or less boats on property having water frontage, the use of which is intended to serve the residents within an approved subdivision or planned unit development. The right to use such facility shall be conferred by an easement appurtenant to the residential lots it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility, including, but not limited to, drystack boat storage, fuel sales, slip rentals and the like. Pump-out facilities shall be required.
MOBILE HOME. A transportable structure designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Standards Act of 1974, which became effective June 15, 1976. In addition the MOBILE HOME shall meet the following additional criteria:
(1) Skirting requirements.
(a) The perimeter of the mobile home shall, upon installation, have either (i) a permanent, continuous masonry curtain wall or (ii) a continuous and opaque manufactured foundation skirting specifically designed for manufactured homes which is ventilated, pre-packaged, and installed according to written instructions from the manufacturer (not to include wood or corrosive materials i.e. aluminum, steel).
(b) The following installation requirements for manufactured home skirting must be met in addition to the supplier's manufactured home skirting instructions:
1. A minimum 2"x 2"x 12" salt-treated stake shall be driven into the ground abutting the rear side of the channel, flush with the top of the channel, no more than 12 inches from each corner. Additional minimal 2"x 2"x 12" stakes shall be located at a minimum four feet on center the entire length of the channel. Minimum two-inch self-tapping screws shall be driven through the front of the channel, through the skirting panel and into the wooden stake at each stake location.
2. Fasten each skirting panel (top and bottom) with a no. 8, one-inch self-tapping screw.
3. If the finished floor is 40 inches or higher than existing grade, an additional support consisting of either 2"x 2" salt-treated lumber or extra channel shall be installed to prevent bowing. Each skirting panel shall be attached to the support by using a self-tapping screw.
(c) The perimeter skirting shall be installed prior to receiving a certificate of occupancy/compliance.
(2) Landing preference. Although not required, it is preferred that all exterior doors be accessed directly by a minimum 4'x4' landing.
MODULAR HOME. A residential 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 sections transported to the site in a manner similar to a mobile or 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. In addition the MODULAR HOME shall meet the following criteria:
(1) Skirting requirements. Should the MODULAR HOME be designed and constructed at the factory so as not to require a permanent foundation, it will be required upon installation on the site to have a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access. The masonry curtain wall shall be installed prior to receiving a certificate of occupancy/compliance.
(2) Landing preference. Although not required, it is preferred that all exterior doors be accessed directly by a minimum 4'x4' landing.
MOVING AND STORAGE FACILITIES. Uses engaged in the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary indoor storage of those same items. This does not include self-storage facilities.
NONCONFORMING USE. A use of building or land that does not conform with the regulations of the district in which such building or land is situated but was lawful before adoption of this chapter.
NON-PARTICIPATING LANDOWNER. A landowner not under agreement with the applicant, facility owner or operator.
NURSING AND PERSONAL CARE FACILITY. A facility licensed by the appropriate state agency, as a facility for unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This category includes group homes for all ages, halfway houses, foster and boarding homes.
NURSING HOME. A convalescent facility having over five beds meeting all of the requirements of the State of North Carolina for the boarding and care of persons who cannot care for themselves.
OCCUPIED BUILDING. A dwelling, business, school, hospital, church or other permanent structure used regularly that is occupied or in use and is connected to water, sewer/septic service and electric utilities.
ORGANIZATIONS, FRATERNAL OR SOCIAL. An establishment operated by a corporation or association of persons for social, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business.
PARTICIPATING LANDOWNER. A landowner under lease or agreement with the applicant or wind facility owner pertaining to a wind energy facility. A waiver of setback, sound, and/or shadow flicker provisions constitutes an agreement with the wind facility owner under § 157.137(DD).
PERMITTED STRUCTURE. A structure meeting all the requirements of this chapter for the zone district in which it is located.
PERMITTED USE. A use meeting all the requirements of this chapter for the zone district in which it is located.
PLANNED BUILDING GROUP. A group of two or more buildings or two or more mobile homes located on a single parcel of land.
PROCESSING. Any operation changing the nature of material or material's chemical composition or physical properties. Does not include operations described as fabrication.
RESEARCH & DESIGN, FUSED RECYCLED GLASS. Development of fused recycled container glass products and the production processes, methodology, marketing, testing, storage, packaging, specialty equipment and the knowledge to expand these products to a production level.
RESIDENTIAL (NON-COMMERCIAL) BOAT/RV STORAGE. Not for profit, provided and maintained for common use for occupants of a subdivision/development and not for the general public.
RETAIL. Sale of a commodity to the ultimate consumer and not customarily subject to sale again.
SALES OFFICE, TEMPORARY. A building constructed on-site in accordance with the North Carolina State Building Code or a manufactured commercial unit (see definition for “manufactured commercial unit”) and used for the purpose of a temporary sales office solely in connection with the development where such development is located.
SALVAGE OPERATION. The reclamation, dismantling or storage of pre-used commodities, junk and similar material for the purpose of resale, processing and distribution or deposition.
SEPTAGE. A waste that is a fluid mixture of partially treated sewage solids, liquids and sludge of human or domestic waste origin, pumped from septic tanks, residential grease traps, or privies. SEPTAGE shall be considered that waste which has not been treated by a process to significantly reduce pathogens.
SERVICE STATION. A building or lot where gasoline, oil, grease and automotive accessories are supplied and dispensed to the motor vehicle trade.
SETBACK LINE. A line located a minimum horizontal distance from the right-of-way line of any street or road, parallel thereto, between which and the right-of-way line no structure (to include steps, eaves, gutters, and similar fixtures) shall be erected, altered, or maintained except as otherwise provided herein. SETBACK LINES are also located a minimum horizontal distance from lot boundary lines parallel thereto, between which and the lot boundary line no structure (to include steps, eaves, gutters, and similar fixtures) shall be erected, altered, or maintained except as otherwise provided herein.
SEXUALLY ORIENTED BUSINESS. A business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A SEXUALLY ORIENTED BUSINESS shall include an adult establishment as defined in G.S. § 14-202.10(2) and, in addition, without limitation: an adult arcade, adult bookstore or video store, adult cabaret, adult massage parlor, adult motion picture theater, adult theater, nude model studio, sexual encounter studio, or any combination of the foregoing. Any business that is not explicitly listed and defined below is not to be considered for a special use permit by the Zoning Board of Adjustment. As used in this chapter, the following definitions shall apply:
(1) ADULT ARCADE (ALSO KNOWN AS 'PEEP SHOW'). Any place to which the public is permitted or invited, wherein coin-operated or token-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 and/or specified anatomical areas. Booths or viewing rooms shall not be completely enclosed to prevent management from viewing clientele.
(2) ADULT BOOKSTORE OR ADULT VIDEO STORE. A commercial establishment which receives the majority of its gross income during any calendar month from the sale or rental of any one or more of the following or has a preponderance of its inventory consisting of:
(a) 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 and/or specified anatomical areas; or
(b) Video games or computer programs that depict any sexual activity in a digital or other similar imaging media format; or
(c) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(3) ADULT CABARET. A nightclub, bar restaurant, or other commercial establishment that regularly features, exhibits, or displays as one of its business purposes:
(a) Persons who appear nude or semi-nude; or
(b) Live performances which are characterized by the exposure of specified anatomical areas and/or specified sexual activities; or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe specified sexual activities and/or specified anatomical areas; or
(d) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
(4) ADULT MASSAGE PARLOR. A commercial establishment where, for any form of consideration, massage, alcohol rub, fomentation, electrical or magnetic treatment, or similar treatment or manipulation of the human body is administered. This definition does not include the practice of a North Carolina licensed professional nor an athletic club, physical fitness center, school, gymnasium, reducing salon, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(5) ADULT MOTION PICTURE THEATER. Commercial establishments where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions that depict or describe specified sexual activities or specified anatomical areas are regularly shown as one of its principal business purposes.
(6) 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 and/or specified sexual activities.
(7) NUDE MODEL STUDIO.
(a) Any place that allows, permits or makes available a person who appears nude, semi-nude, or who displays specified anatomical areas for the purpose of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration.
(b) 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; and
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.
(8) NUDE OR STATE OF NUDITY. The showing of human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(9) SEMI-NUDE. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
(10) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(11) SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(a) Less than completely and opaquely covered:
1. Human genitals, pubic region;
2. Buttock; or
3. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(12) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) Human genitals in a state of sexual stimulation, arousal, or tumescence; or
(b) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(c) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(d) Masturbation, actual or simulated; or
(e) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
(f) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
SHADOW FLICKER. The visible flicker effect when rotating wind turbine blades cast shadows causing the repeating pattern of light and shadow.
SIGN. Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems, devices, design trade names or trademarks, by which anything is known such as the designation of an individual, firm, association, profession, business commodity or product which are visible from any public way and used to attract attention.
SIGN, AREA OF. Sign area shall be computed by the smallest square, triangle, rectangle, circle or combination thereof which encompass the entire sign including lattice work, wall work, frame or supports incidental to its decoration. In computing the area, only one side of a double-face sign structure shall be considered.
SIGN, OUTDOOR ADVERTISING. Any sign which advertises an establishment, service commodity, good or entertainment sold or offered on premises other than that on which such sign is located.
SIGN, TEMPORARY. A sign that is not bolted to or otherwise affixed to the ground or a permanent structure in some other substantially permanent way and is not built to state building codes and has not been erected pursuant to a valid building permit.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR FARM. A facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a residential, commercial, municipal, or industrial wastewater treatment plant or water supply treatment plants not considered to be hazardous by EPA or the N.C. Department of Environmental Health and Natural Resources, Solid and Hazardous Waste Branch. SLUDGE shall be considered that waste which has been treated by a process to significantly reduce pathogens.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgement and discretion be exercised as well as compliance with specific standards. This definition includes permits previously referred to as “conditional use permits.”
STABLES, COMMERCIAL. Any structure used for commercial purposes relating to the raising, breeding, or boarding of horses or livestock.
STEALTH TECHNOLOGY. Minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless communication facility by using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
STORAGE. A depository for commodities or items for the purposes of future use or safekeeping when such a depository is not a building or structure, the items or commodities shall be considered outside storage.
STREET. A public thoroughfare which affords access to abutting property and is recorded as such in the office of Pasquotank County Registrar of Deeds.
(1) STREET, FRONTAGE ROAD. A street that is parallel to a fully or partially access controlled street which functions to provide controlled access to adjacent land.
(2) STREET, MINOR. A street whose primary function is to provide access to abutting properties and is designed to discouraged use by through traffic.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on, above, or below the surface of the land or attachment to something having permanent location on the land.
SUBDIVISION. All divisions of a tract or parcel of land (in addition to the undivided remaining portion of the original undivided tract) into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this Part:
(1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for widening or opening streets;
(4) The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations;
TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure that provides an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is primarily assembled at a location other than its' site of installation. The caregiver shall be a person of 18 years of age or older who provides daily living care and is a first or second degree relative of the mentally or physically impaired person for whom they are providing care.
THOROUGHFARE, MAJOR. The rights-of-way of Highways 17, 158, and 34.
TRAILER, OVERNIGHT CAMPING. For purposes of this chapter, the following shall be considered an overnight camping trailer:
(1) CAMPING TRAILER. A canvas, temporary, folding structure, mounted on wheels and designed for travel, recreation and vacation use. Such structures shall be considered travel trailers regardless of other titles that may also be applicable such as camper, mini, mobile homes, etc.
(2) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
(3) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(4) TRAVEL TRAILER. A vehicular, portable structure built on a chassis (other than a mobile home), designed as a temporary dwelling for travel, recreation and vacation.
USE. The purpose for which land or structures thereon are designed, arranged or intended to be occupied or used; or for which it is occupied, maintained, rented, or leased.
USE, ACCESSORY. A use incidental to and customarily associated with the use by right and located on the same lot with the use by right, and operated and maintained under the same ownership with the operation of the use by right.
USE BY RIGHT. A use which is listed as an unconditionally permitted activity in this chapter.
USE, NON-FARM. Any use of property which is not encompassed by the definition of a farm as so defined in this Ordinance.
USE SITUATION, NONCONFORMING. A use of building or land that does not conform with the regulation of the district in which the building or land is situated.
USE, SPECIAL. A use permitted in a zone only after specific findings by the Board of Adjustment or Pasquotank County Board of Commissioners.
VARIANCE. A modification or alteration of any of the requirements of this chapter.
VETERINARY CLINIC. A place or facility which provides dental, medical or surgical care for dogs, cats and other domesticated animals. Kennels are not included within this definition.
WAREHOUSE. A building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed or reshipped.
WHOLESALE. Sale of a commodity for resale to the public for direct consumption.
WIND ENERGY FACILITY, SMALL. A single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 20kW or less.
WIND ENERGY FACILITY, LARGE. A wind energy conversion system consisting of one or more wind turbine(s), a tower(s), and associated control or conversion electronics, which has a total rated capacity of more than 100kW.
WIND ENERGY FACILITY, MEDIUM. A wind energy conversion system consisting of one or more wind turbine(s), a tower(s), and associated control or conversion electronics which has a total rated capacity of more than 20kW but not greater than 100 kW.
WIND ENERGY FARM. An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND FARM OWNER. The entity or entities having controlling or majority equity interest in the wind energy facility, including their respective successors and assigns.
WIND TURBINE. A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, guy wires and pad transformer.
WIND TURBINE HEIGHT. The distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
WIRELESS COMMUNICATIONS. Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist.
WIRELESS COMMUNICATION FACILITY. The set of equipment and network components, exclusive of the underlying support structure or tower, including antennas, transmitters, receivers base stations, power supplies, cabling, and associated equipment necessary to provide wireless data and telecommunications services to a discrete geographic area.
WIRELESS COMMUNICATION TOWER. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities.
WIRELESS COMMUNICATIONS TOWER AND FACILITY HEIGHT. The vertical distance measured from the base of the tower to the highest point on the wireless communication facility, including the antenna array and other attachments.
WIRELESS COMMUNICATION TOWER AND FACILITY SETBACK. The required distance from the property line of the parcel on which the wireless communication facility is located to the base of the support structure and equipment shelter or cabinet and guy anchors.
YARD. Any open space on the same lot with the building and unoccupied from the ground upward except by trees, shrubbery, or fences.
YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building to the front lot line.
YARD, REAR. A yard located behind the rear line of the main building, if extended, to the perimeter of the lot.
YARD, SIDE. A yard between the building and side lot line, extending from the front building line to the rear building line.
ZONING CERTIFICATE. A certificate by the Pasquotank County Board of Commissioners or its authorized agents that a course of action to use or occupy a tract of land or a building; or to erect, install
or alter a structure, building or sign situated in the jurisdictional area of the zoning ordinance fully meets the requirements of this chapter.
(Ord. passed 6-21-2021)