For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
ADMINISTRATOR. See LAND USE ADMINISTRATOR.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting property.
ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.
ANTENNA. Equipment designed to transmit or receive electronic signals.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also known as the 100-YEAR FLOOD.
BOARD OF ADJUSTMENT (BOA). The local administrative body appointed by the Board of Commissioners (BOC) whose responsibilities include:
(1) Hearing appeals from decisions by the Land Use Administrator;
(2) Considering and ruling on applications for special use permits; and
(3) Considering requests for variances from the provisions of this chapter.
BOARD OF COMMISSIONERS (BOC). The governing body of the town.
BOARDING HOUSE. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented out but which rooms, individually or collectively, do not constitute separate dwelling units. A ROOMING HOUSE or BOARDING HOUSE is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
BUILDING. A structure designed to be used as a place of occupancy, storage, or shelter.
BUILDING, ACCESSORY. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.
BUILDING, PRINCIPAL. The primary building on a lot or a building that houses a principal use.
BUILDING LINE. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
CERTIFY. Whenever this chapter requires that an agency CERTIFY the existence of some fact or circumstance to the town, the town may require that such CERTIFICATION be made in any manner that provides reasonable assurance of the accuracy of the CERTIFICATION. By way of illustration, and without limiting the foregoing, the town may accept CERTIFICATION by telephone from an agency when the circumstances warrant, or the town may require that the CERTIFICATION be in the form of a letter or other document.
CHILD CARE HOME. A home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, all of whom live together a single housekeeping unit.
CHILD CARE INSTITUTION. An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children.
CHILD DAY CARE FACILITY, STATE REGULATED. Any child day care arrangement that is subject to regulation by the state’s Department of Human Resources, Division of Child Development, or a successor agency, other than a child day care home. Child care arrangements for one or two children as well as other specific types of arrangements are excluded from regulation by the state under G.S. § 110-86(2).
CHILD DAY CARE HOME. Any child day care arrangement wherein any person not excluded in G.S. § 110-86(2) provides day care on a regular basis of at least once per week for more than four hours but less than 24 hours per day for more than two children under 13 years of age, but not to exceed a maximum of eight children at any one time. Of the children present at any one time, no more than five children shall be preschool-aged as defined by the state’s Child Day Care Commission. Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment are not included. To determine whether a child care arrangement is a DAY CARE HOME, all children shall be counted except the operator’s own school-aged children and school-aged children who reside at the location of the DAY CARE HOME.
CIRCULATION AREA. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the CIRCULATION AREA.
COMBINATION USE. A use (on one lot) that consists of a combination of two or more principal uses which are separately listed in the table of permissible uses in § 152.215. Under selected circumstances, a second principal use may be regarded as accessory to the first, and thus, a COMBINATION USE is not established, see § 152.219. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a COMBINATION USE.
CONDITIONAL USE PERMIT. A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board of Commissioners.
CONVENIENCE STORE. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of CONVENIENCE STORES are those operated by the Fast Fare, 7-11, and Pantry chains.
DEVELOPER/APPLICANT. A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit.
DEVELOPMENT. That which is to be performed pursuant to a zoning permit, special use permit, conditional use permit, or sign permit.
DIMENSIONAL NONCONFORMITY. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
DISABLED OR HANDICAPPED.
(1) Having:
(a) A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently;
(b) A record of having such an impairment; or
(c) Being regarded as having such an impairment.
(2) The term DISABLED; however, shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
DISABLED, HANDICAPPED OR INFIRM HOME. A residence within a single dwelling unit for at least six but not more than nine persons who are physically or mentally handicapped, aged, or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit.
DISABLED, HANDICAPPED, AGED, OR INFIRM INSTITUTION. A facility that provides residential care for more than nine aged, disabled, or handicapped persons whose principal need is a home with the sheltered or personal care their age or disability requires. Medical care at such a facility is only occasional or incidental, such as may be required in the home of any individual or family, but the administration of medication is supervised. The residents of such a facility do not occupy separate dwelling units, and this distinguishes such a facility from a multifamily development occupied by the elderly, handicapped, or disabled.
DRIVEWAY. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
DUPLEX. See RESIDENCE, DUPLEX.
DWELLING UNIT. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.
EASEMENT. The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals (collectively the “electronic gaming machines”ELECTRONIC GAMING OPERATIONS may include, but are not limited to, Internet cafés, internet sweepstakes, electronic gaming machines/operations, or cybercafés. ELECTRONIC GAMING OPERATIONS do not include the following:
(1) Any business that only sells Internet access without an accompanying free entry into a game of chance; or
(2) Any lottery approved by the state or any nonprofit operation that is otherwise lawful under state law (for example, church or civic organization fundraisers).
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
EXTRATERRITORIAL PLANNING AREA. That portion of the town’s planning jurisdiction that lies outside the town’s corporate limits.
FACADE. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY. One or more persons, living together as a single housekeeping unit, related by blood, marriage or adoption. An unrelated minor living with an adult in foster care shall also be considered a FAMILY member. In the case of primary residences with accessory apartments, a FAMILY may live together as two housekeeping units, one housekeeping unit being in the primary dwelling and one housekeeping unit being in the accessory apartment.
FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOODPLAIN. Any land area susceptible to be inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the “Flood Boundary and Floodway Map” prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Planning Department.
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. As used in this chapter, the term refers to that area designated as a FLOODWAY on the “Flood Boundary and Floodway Map” prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Planning Department.
FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimension of the building at each floor level intended for occupancy or storage.
GARAGE, PRIVATE. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
HABITABLE FLOOR. Any floor useable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a HABITABLE FLOOR.
HALFWAY HOUSE. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness as defined in G.S. § 122C-3(14), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.
HAZARDOUS SUBSTANCE. Any substance which may pose a danger to the public health or safety if contained in the public water supply. This includes all substances defined as hazardous chemicals by the community right to know reporting requirements under §§ 311 and 312 of the Superfund Amendments and Reauthorization Act of 1986, and by the state’s Hazardous Chemicals Right to Know Act (G.S. §§ 95-173 through 95-218).
HIGH-VOLUME TRAFFIC GENERATION. All business uses in use classification 2.000 of the permissible use table other than low-volume traffic generation uses.
HOMEOWNERS ASSOCIATION. A formally constituted nonprofit association or corporation made up of the property owners and/or residents of a fixed area; may take permanent responsibility for costs and up keep of semi-private community facilities.
HOME OCCUPATION.
(1) A commercial activity that is:
(a) Conducted by a person on the same lot where such person resides; and
(b) Not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see § 152.219), but that can be conducted without any significant adverse impact on the surrounding neighborhood.
(2) Without limiting the generality of the foregoing, a use may not be regarded as having an insignificant adverse impact on the surrounding neighborhood if:
(a) Goods, stock in trade, or other commodities are displayed;
(b) Any on-premises retail sales occur;
(c) More than one person not a resident on the premises is employed in connection with the purported HOME OCCUPATION;
(d) It creates objectionable noise, fumes, odor, dust, or electrical interference; and/or
(e) More than 25% of the total gross floor area of residential buildings plus other buildings housing the purported HOME OCCUPATION, or more than 500 square feet of gross floor area (whichever is less), is used for HOME OCCUPATION purposes.
(3) The following is a non-exhaustive list of examples of enterprises that may be HOME OCCUPATIONS if they meet the foregoing definitional criteria:
(a) The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional;
(b) Workshops, greenhouses, or kilns; or
(c) Dressmaking or hairdressing studios.
INDUSTRY, HEAVY. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or use engaged in storage of, or industrial processes using flammable or explosive materials, or storage or industrial processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
INTERMEDIATE CARE HOME. A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
INTERMEDIATE CARE INSTITUTION. An institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
KENNEL. A commercial operation that:
(1) Provides food and shelter and care of animals for purposes not primarily related to medical care (a KENNEL may or may not be run by or associated with a veterinarian); or
(2) Engages in the breeding of animals for sale.
LAND USE ADMINISTRATOR. The person primarily responsible for administering and enforcing this chapter (see § 152.023 for more details about the LAND USE ADMINISTRATOR). The terms ADMINISTRATOR, PLANNING DIRECTOR, and ZONING ADMINISTRATOR are occasionally used interchangeably with LAND USE ADMINISTRATOR.
LOADING AND UNLOADING AREA. That portion of the vehicle accommodation area used to satisfy the requirements of § 152.470.
LOT.
(1) A parcel of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map. A LOT is recognized as a separate legal unit for purposes of transfer of title.
(2) If a public body or any authority with the power or eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a LOT by this definition, or a private road is created across a parcel of land otherwise characterized as a LOT by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one LOT, then the land on either side of this strip shall constitute a separate LOT.
(3) Subject to § 152.172, the permit-issuing authority (see definition of “permit-issuing authority” below) and the owner of two or more contiguous lots may agree to regard the LOT as one when necessary or convenient to comply with any of the requirements of this chapter.
LOT AREA. The total area circumscribed by the boundaries of a lot, except:
(1) When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the LOT AREA shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street; and
(2) In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the LOT AREA shall be the inside boundary of the traveled portion of that road.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT, FLAG. Lots or parcels that the town has approved with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOW-VOLUME TRAFFIC GENERATION. Uses such as furniture stores, carpet stores, major appliance stores, and the like. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.
MOBILE HOME. Any structure that is:
(1) Consisting of a single unit completely assembled at a factory, or of two (double-wide) or three (triple-wide) principal components totally assembled at a factory and joined together at the site;
(2) Designed so that the total structure (or in the case of double-wides or triple-wides, each component thereof) can be transported on its own chassis;
(3) Over 40 feet in length and over eight feet in width;
(4) Designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation;
(5) Actually being used or held ready for use as a dwelling; and
(6) Not constructed in accordance with the standards set forth in the State Building Code.
MOBILE HOME, CLASS A. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
(1) The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(2) 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;
(3) A continuous, permanent masonry foundation, non-pierced except for required ventilation and access, is installed under the home; and
(4) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
MOBILE HOME, CLASS B. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.
MOBILE HOME, CLASS C. Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home.
MOBILE HOME PARK. A residential use in which more than one mobile home is located on a single lot.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the State Building Code applicable to site-built homes 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 home (except that the MODULAR HOME meets the State Building Code applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.
NONCONFORMING LOT. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the applicable district.
NONCONFORMING PROJECT. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
NONCONFORMING SITUATION. A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a NONCONFORMING SITUATION may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter. Nonconforming signs shall not be regarded as NONCONFORMING SITUATIONS for purposes of §§ 152.170 through 152.182 but shall be governed by the provisions of §§ 152.445 and 152.446.
NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a NONCONFORMING USE.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a NONCONFORMING USE.)
NURSING CARE HOME. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.
NURSING CARE INSTITUTION. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.
OUTSIDE DISPLAY OF GOODS FOR SALE OR RENT. Display outside of a fully enclosed building of the particular goods or pieces of merchandise or equipment that are themselves for sale. OUTSIDE DISPLAY is to be distinguished from outside storage of goods that are not prepared and displayed for immediate sale or rent.
PARCEL. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
PARKING AREA AISLES. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
PARKING SPACE. A portion of the vehicle accommodation area set aside for the parking of one vehicle.
PERMIT ISSUING AUTHORITY. A term that, depending upon the situation, refers to one of the following: Land Use Administrator, Board of Adjustment, or Board of Commissioners. See § 152.040 for additional details regarding the permit-issuing authority.
PERSON. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.
PLANNED RESIDENTIAL DEVELOPMENT. A development constructed on a tract of at least five acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either two-family residences or multifamily residences, or both.
PLANNING BOARD. The local advisory body whose members are appointed by the Board of Commissioners. The PLANNING BOARD’S responsibilities include:
(1) Recommending amendments to this chapter; and
PLANNING JURISDICTION. The area within the town limits as well as the area beyond the town limits within which the town is authorized to plan for and regulate development, as set forth in § 152.003.
PUBLIC WATER SUPPLY SYSTEM. Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof.
PRINCIPLE USE. The main use of land or structures, as distinguished from a secondary or accessory use.
RESIDENCE, DUPLEX. A two-family residential use in which the dwelling units share a common wall (including without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
RESIDENCE, MULTIFAMILY. A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).
RESIDENCE, MULTIFAMILY APARTMENTS. A multifamily residential use other than a multifamily conversion or multifamily townhouse.
RESIDENCE, MULTIFAMILY CONVERSION. A multifamily residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed, and occupied as a single-family residence.
RESIDENCE, MULTIFAMILY TOWNHOUSES. A multifamily residential use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.
RESIDENCE, PRIMARY WITH ACCESSORY APARTMENT. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25% of the gross floor area of the building nor more than a total of 750 square feet. Only family members of the primary dwelling owner or renter may reside in the accessory apartment.
RESIDENCE, SINGLE-FAMILY DETACHED, ONE-DWELLING UNIT PER LOT. A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.
RESIDENCE, TWO-FAMILY. A residential use consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.
RESIDENCE, TWO-FAMILY APARTMENT. A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.
RESIDENCE, TWO-FAMILY CONVERSION. A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
ROAD. All private ways used to provide motor vehicle access to:
(1) Two or more lots; or
(2) Two or more distinct areas of buildings in non-subdivided developments.
ROOMING HOUSE. See BOARDING HOUSE.
SENIOR CITIZEN RESIDENTIAL COMPLEX. A residential development consisting of a combination of:
(1) Two-family or multifamily dwelling units, at least 90% of which are one-bedroom units designed for and limited to occupancy by senior citizens; and
(2) An intermediate care institution for senior citizens containing a number of bedrooms that does not exceed the number of dwelling units in the complex and that is designed to house a number of senior citizens that does not exceed twice the maximum permissible number of bedrooms in this intermediate care facility. For purposes of this chapter, the term SENIOR CITIZEN means a person who is 62 years of age or older or a household composed of one or more persons at least one of whom is 62 years of age or older.
SENIOR CITIZENS’ DAY CARE FACILITY. Any day care arrangement or center which provides day care for more than five senior citizens at any one time, on a regular basis of at least once per week for more than two hours but less than 24 hours per day. Operation of a day care facility for senior citizens is considered use 22.300 “Senior citizens day care” in the table of permissible uses.
SIGN. Any device that is:
(1) Sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in division (2) below; and
(2) Designed to attract the attention of such persons or to communicate information to them.
SIGN, FREESTANDING. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a sandwich sign, is also a FREESTANDING SIGN.
SIGNS, OFF-PREMISES. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.
SIGN PERMIT. A permit issued by the Land Use Administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.
SIGN, TEMPORARY.
(1) A sign that is:
(a) Used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or
(b) Intended to remain on the location where it is erected or placed for a period of not more than 15 days.
(2) If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as TEMPORARY.
SPECIAL EVENTS. Circuses, fairs, carnivals, festivals, or other types of special events that:
(1) Run for longer than one day but not longer than two weeks;
(2) Are intended to or likely to attract substantial crowds; and
(3) Are unlike the customary or usual activities generally associated with the property where the SPECIAL EVENT is to be located.
SPECIAL EXCEPTION PERMIT. A permit issued by the Board of Adjustment that authorizes the recipient to deviate from the otherwise applicable requirements of this chapter under the specific circumstances and in accordance with the conditions set forth in § 152.117.
SPECIAL USE PERMIT. A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board of Adjustment.
STREET. A public street, or a street which an offer of dedication has been made.
STREET, ARTERIAL. A major street in the town’s street system that serves as an avenue for the circulation of traffic onto, out, or around the town and carries high volumes of traffic.
STREET, COLLECTOR. A street whose principal function is to carry traffic between minor, local, and sub collector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.
STREET, CUL-DE-SAC. A street that terminates in a vehicular turnaround.
STREET, LOCAL. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.
STREET, MARGINAL ACCESS. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
STREET, MINOR. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
STREET, SUBCOLLECTOR. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.
STRUCTURE. Anything constructed or erected.
SUBDIVISION. The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter applicable strictly to SUBDIVISIONS:
(1) Combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter;
(2) Division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) Public acquisition by purchase of strips of land for widening or opening streets; and
(4) Division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this chapter.
SUBDIVISION, ARCHITECTURALLY INTEGRATED. A subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated subdivision shall show the dimensions, height, and location of all such buildings to the extent necessary to comply with the purpose and intent of architecturally integrated subdivisions as set forth in § 152.286.
SUBDIVISION, MAJOR. Any subdivision other than a minor subdivision.
SUBDIVISION, MINOR. A subdivision that does not involve any of the following:
(1) Creation of more than a total of four lots;
(2) Creation of any new public streets;
(3) Extension of a public water or sewer system; or
(4) Installation of drainage improvements through one or more lots to serve one or more other lots.
TEMPORARY EMERGENCY, CONSTRUCTION, OR REPAIR RESIDENCE. A residence (which may be a mobile home) that is located on:
(1) The same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster;
(2) The same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed; or
(3) A nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.
TOWER. Any structure whose principal function is to support one or more antennas.
TRACT. A lot (see definition of lot). The term TRACT is used interchangeably with the term lot, particularly in the context of subdivisions, where one TRACT is subdivided into several lots.
TRAVEL TRAILER. A structure that is:
(1) Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and
(2) Designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.
USE. A use listed in the table of permissible uses.
UTILITY FACILITIES. Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public entity for any purpose by state law and used in connection with the production, generation, transmission, delivery, collection, or storage of water, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in § 152.220.
UTILITY FACILITIES, COMMUNITY OR REGIONAL. All utility facilities other than neighborhood facilities.
UTILITY FACILITIES, NEIGHBORHOOD. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such FACILITIES are proposed to be located.
VARIANCE. A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he, she, or they could not otherwise legally do.
VEHICLE ACCOMMODATION AREA. The portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.
WHOLESALE SALES. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.
WOODED AREA. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.
ZONING PERMIT. A permit issued by the Land Use Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.
(Ord. passed 12-20-2001)