For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. A way of approaching or entering a property. ACCESS also includes INGRESS, the right to enter, and EGRESS, the right to leave.
ACCESSORY BUILDING OR USE. A building or use which is:
(1) Conducted or located on the same lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;
(2) Clearly incidental to, subordinate in area and purpose to, and serves the principal use; and
(3) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal use.
BOARD OF ADJUSTMENT. A local body, whose responsibility is to hear appeals from decisions of the Enforcement Officer and to consider requests for variances from the terms of this chapter and the Zoning Ordinance.
BOARD OF TOWN COMMISSIONERS. The governing body of the town.
BUFFER. A fence, wall, hedge or other planted area or device used to enclose, screen or separate one use or lot from another.
ENFORCEMENT OFFICER. The official charged with the enforcement of this chapter is the appointed Town Zoning Enforcement Officer, or his or her designated representative.
LOT. A parcel of land occupied or intended for occupancy by a main building or group of main buildings and accessory buildings, together with the yards, open spaces, lot width and lot areas as may be required by this chapter or other ordinance and shown on a plat or record or considered as a unit of property and described by mete and bounds. For the purpose of this chapter, the word LOTS shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are erected or are to be erected.
MANUFACTURED HOME.
(1) A structure that:
(a) Consists of a single unit substantially assembled at the factory or of multiple principal components totally assembled at the factory and joined together at the site;
(b) Is designed so that the total structure (or in the case of a double-wide, triple-wide or quadruple-wide, each component thereof) can be transported on its own chassis;
(c) Is over 40 feet long and over ten feet wide;
(d) Is designed to be used as a dwelling and provides complete, independent living facilities for one family when connected to required utilities, including permanent provisions for living, sleeping, eating, cooking and sanitation; and
(e) Does not meet all requirements of the State Uniform Residential Building Code.
(2) For the purpose of this chapter, the placement of such a structure on a permanent foundation or the addition of conventionally constructed sections in no way changes its status as a MANUFACTURED HOME.
MANUFACTURED HOME PARK. Any site or tract of land of contiguous ownership upon which manufactured home spaces are provided for manufactured home occupancy whether or not a charge is made for the service or any piece of land that is occupied by two or more manufactured homes. This does not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sales.
MANUFACTURED HOME SPACES. A plot of land within a manufactured home park designed for the accommodation of one manufactured home along with surrounding yards or open space for the use of the residents of that home.
NONCONFORMING LOT. A lot existing at the effective date of this chapter or any amendment to it (and not created for the purpose of evading the restrictions of this chapter) that cannot meet the minimum area or lot width or depth requirements.
NONCONFORMING USE. The use of a building, manufactured home or land which does not conform to the use regulations of this chapter, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated at a later time.
ORDINANCE. This chapter, the Manufactured Home Park Ordinance, including any amendments. Whenever the effective date of this chapter is referred to, the reference includes the effective date of any amendment to it.
PARKING SPACE. A parking space of not less than 180 square feet per automobile, plus the necessary access space. PARKING SPACES may not be stacked, but shall be side by side.
PLANNING BOARD. A public body of the county, appointed by the Board of County Commissioners, pursuant to state statutes relating to planning boards. The PLANNING BOARD is responsible for reviewing and making a recommendation to the County Board of Commissioner’s on all manufactured home park plans.
REVIEW COMMITTEE. A review Committee shall be comprised of town staff, which shall include, but not be limited to, the Code Enforcement Officer/Zoning Officer, Town Manager, Town Clerk- Finance Officer, utility staff, NCDOT, county staff, including Environmental Health Officer and any other staff as deemed appropriate.
SECTION. A part that is, may be, or is viewed as separated (for this purpose, five spaces).
SETBACK. The required distance between every structure and the lot lines of the lot on which it is located.
(1) SETBACK, FRONT. The minimum allowable distance from the street right-of-way line to the closest point of the foundation of a building or projection thereof.
(2) SETBACK, REAR. The minimum allowable distance from the nearest building to the rear lot line, extending the full width of the property.
(3) SETBACK, SIDE. The minimum allowable distance from the nearest building to the side lot line, extending from the required front setback to the required rear setback.
SIGN. Any words, lettering, figures, numerals, emblems, devices, trademarks or trade names, or any combination thereof by which anything is made known and which is designed to attract attention and/or convey a message.
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, manufactured home park, shopping center, tourist home, apartment complex, church, school, park or quasi-public structure, facility or development, and the name of the owners or developers.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when it is in use. For the purpose of this chapter any moving illuminated sign shall be considered a FLASHING SIGN. The signs shall not be deemed to include time and temperature signs or public message displays using electronic switching.
SIGN, PORTABLE (MOBILE). A sign generally constructed to be easily movable from location to location without a permanent attachment to the ground or to a building and which may or may not be equipped with wheels. The signs usually are designed for changeable messages.
STREET. A thoroughfare which affords the principal means of access to abutting property.
STREET, COLLECTOR. A street that serves as the most probable and convenient access route between any public street connected to the manufactured home park and a total of 40 or more manufactured home spaces, including any other residences on that street.
STREET LINE. The line between the street right-of-way and abutting property.
STREET, MINOR. All streets within the manufactured home park that do not meet the definition of collector streets.
STREET, PRIVATE. Any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public.
TRAVEL TRAILER. Any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time, such as the following.
(1) TRAVEL TRAILER (HOUSE TRAILER). A vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation or vacation purposes, having a body width ten feet or less or body length 40 feet or less.
(2) SELF-CONTAINED TRAILER. A travel trailer which can operate independently of connections to sewer, water, and electric systems, containing a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the unit.
(3) MOTOR HOME. A portable, temporary dwelling, to be used for travel, recreation, vacation, constructed as an integral part of a self-propelled vehicle.
(4) POP-UP TRAILER. A portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation or vacation purposes.
VARIANCE. A variance is a relaxation of the terms of this chapter where the variance will not be contrary to the public interest, which will not create a nuisance, and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area, and size of structure or size of yards, buffers and open space. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities or uses in other manufactured home parks.
(Ord. passed 10-1-2001)