(A) General. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) Tense and number.
(1) The present tense includes the future tense and the future tense includes the present tense.
(2) The singular number includes the plural number and the plural number includes the singular number.
(C) Word interpretation.
(1) The word "may" is permissive.
(2) The words "shall" and "will" are mandatory.
(3) The word "county" shall mean the County of Onslow, North Carolina.
(4) The words "Zoning Board", "Zoning Commission" or "Planning Commission" shall mean the Richlands Planning Board.
(5) The words "Town Board" or "Board of Aldermen" shall mean Town Board of Aldermen of Richlands, North Carolina.
(6) The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied.
(7) As used in this chapter, words importing the masculine gender include the feminine and the neuter.
(8) Words used in the singular in this chapter include the plural and words used in the plural include the singular.
(9) The words "written" or "in writing" are deemed to include electronic documentation.
(10) Unless specified otherwise, in the absence of evidence to the contrary, delivery by first-class mail shall be deemed received on the third business day following deposit of the item for mailing with the United States Postal Service, and delivery by electronic mail shall be deemed received on the date sent.
(11) The phrase "Chapter 160D" shall mean Ch. 160D of the North Carolina General Statutes.
(D) Interpretation of district boundaries.
(1) The boundaries of each district which are indicated on the zoning map of the town, together with all explanatory matter thereon, are hereby adopted by reference and declaration to be a part of this chapter.
(2) Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply.
(a) Boundaries following centerlines. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(b) Boundaries following lot lines. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
(c) Boundaries following town limits. Boundaries indicated as approximately following town limits shall be construed as following town limits.
(d) Boundaries following shorelines. Boundaries indicated as approximately following the centerlines of streams, creeks or other bodies of water shall be construed to follow such centerlines.
(e) Boundaries parallel to centerlines. Where district boundaries are so indicated that they are approximately parallel to the centerline of streets, alleys or highways, or the rights-of-way of the same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map and/or within the text of this chapter.
(f) Boundaries dividing lots. Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof; provided, such extensions shall not include any part of a lot or tract more than 50 feet beyond the district boundary line. The term "least restricted" shall refer to use restrictions and not to lot size.
(g) Cases of uncertainty in boundary decisions. In the event that uncertainty exists in the interpretation of the district boundaries, the town's Board of Adjustment shall interpret the intent of the zoning map as to the location of such boundaries.
(h) Street vacation. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion or such street or alley abandonment. In a case where abutting property has a different zoning district designation, boundaries follow centerlines.
(E) Interpretation of district regulations.
(1) Uses by right. All listed permitted uses are permitted by right according to the terms of this chapter. Special uses are permitted subject to strict compliance with additional regulations specified by the Board of Aldermen.
(2) Minimum regulations. Regulations set forth in this chapter shall be minimum regulations. If the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive rule, regulation or ordinance shall govern.
(3) Restrictive covenants and deed restrictions. Unless restriction established by covenants and deed restrictions running with the land are prohibited by the provisions of this chapter, the U.S. Constitution, or other state or federal law, rule or regulation, nothing herein contained shall be construed to render such covenants or restrictions inoperative.
(4) G.S. Ch. 160D is applicable to this chapter. In the event of any conflict between this chapter and G.S. Ch. 160D, the provisions of G.S. Ch. 160D shall control.
(F) Basic definitions. Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meanings herein set forth when used in this chapter. If a word or phrase used in this chapter is not defined by G.S. Ch. 160D or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control.
ABANDON. To cease the regular use or maintenance of a lot, building or structure.
ABUTTING. Having common property boundaries or lot lines that are not separated by a street, alley or other vehicular rights-of-way such as a utility easement.
ACCESSORY STRUCTURE. A structure or building incidental to the principal structure on the same lot. ACCESSORY STRUCTURES include, but are not limited to, detached garages, sheds, pool houses, material storage areas, barns and workshops.
ADJACENT. See ABUTTING.
ADULT BOOKSTORE.
(a) Notwithstanding the definitions of ADULT BOOKSTORE contained in G.S. § 14-202.10(1), ADULT BOOKSTORE means a business establishment that:
1. Has one of its principal business purposes the sale or rental of "publications" that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", as defined in G.S. § 14-202.10(10), or "specified sexual activities", as defined in G.S. § 14-202.10(11);
2. Has a substantial or significant portion or its stock or trade for sale or rental "publications" that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", as defined in G.S. § 14-202.10(10), or "specified sexual activities", as defined in G.S. § 14-202.10(9);
3. Has "sexually oriented devices", as defined in G.S. § 14-202.10(9);
4. Restricted access to the business establishment or portions of the business establishment by persons under 16 years of age;
5. Posted signs or notices outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive; and/or
6. The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.
(b) As used in this definition, "publications" include, by way of illustration, books, magazines, other periodicals, movies, videotapes and other products offered in photographic, electronic, magnetic or other imaging medium.
(c) In addition to all other information available to the Zoning Administrator in making a determination whether a particular use is an ADULT BOOKSTORE, any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of:
1. "Publications" that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific anatomical areas", as defined in G.S. § 14-202.10(10), or "specified sexual activities", as defined in G.S. § 14-202.10(11); and/or
2. "Sexually oriented devices", as defined in G.S. § 14-202.10(9).
ADULT ESTABLISHMENT. Adult cabarets, adult bookstores, adult mini motion picture theaters and all other places contained in G.S. § 14-202.10, except in the case of a licensed massage therapist.
ACCESSORY USE. See § 153.084 of this chapter.
AGRICULTURE.
(a) The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, forestry and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce (not to include slaughterhouses); provided, however, that, the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
(b) The following definitions apply to the appropriate zoning districts.
1. AGRICULTURE-LIVESTOCK.
a. The activity of raising livestock. Minimum lot size for livestock activities:
i. Fowl averaging under five pounds in weight. The number of such fowl shall not exceed 25 per acre or a maximum of 400. All housing structures, outdoor pens and feeding areas shall be set back one foot per fowl from all property lines. All fowl must be confined or fenced together.
ii. Fowl averaging over five pounds in weight. The number of such fowl shall not exceed three per acre or a maximum of 35. All housing structures, outdoor pens and feeding areas shall be set back ten feet per fowl from all property lines. All fowl must be confined or fenced together; and
iii. Animals, other than fowl, averaging over 30 pounds in weight. The number of such animals shall not exceed three per acre or a maximum of 35. All housing structures, outdoor pens and feeding areas for such animals shall be set back ten feet per animal from all property lines. Such animals shall not be confined together. Offspring less than 30 days old shall not be included in the number per acre.
b. The AGRICULTURE-LIVESTOCK definition does not apply to animals ordinarily considered pets such as dogs, cats and birds.
2. AGRICULTURE-VEGETATIVE. The activity of cultivating the soil and/or producing crops.
AMUSEMENT, COMMERCIAL OUTDOOR. Any business establishment which is primarily engaged in providing an amusement activity such as a miniature golf course, skateboard course, water slide, mechanical ride, par 3 golf course, golf driving range, go cart or motorcycle course, fish ranch or similar activity to the general public.
AMUSEMENT, COMMERCIAL INDOOR. Any business establishment which is primarily engaged in providing an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal use to the general public, but does not include indoor motion picture theaters. Establishments that offer electronic "internet sweepstakes" or similar electronic games or provide internet services for the principle or accessory service and/or use of providing electronic "internet sweepstakes" are not subject to this definition and the regulation of such establishments are provided in § 153.121.
ANTENNA ARRAY. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The ANTENNA ARRAY does not include the support structure.
ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower, which can be used for location of telecommunications facilities.
ANTENNAS, SATELLITE RECEIVE-ONLY EARTH STATION. Also known as TV DISH ANTENNA. A dish-shaped antenna designed to receive commercial television broadcasts relayed from earth-orbiting communication satellites which provide home entertainment, public information and educational type programs.
APPEAL. A request for a review of the Zoning Administrator's interpretation of any provision of this chapter or a request for a variance.
AUTOMOBILE SALVAGE YARD. Any land or area, other than a vehicle storage area, used, operated or maintained, in whole or part, for the storage, keeping, accumulation, dismantling, salvaging, disassembling, demolition, buying, selling or abandonment of junked motor vehicles regardless of the length of time that such vehicles remain on the property, unless such vehicles are currently being restored to an operable condition.
AUTOMOTIVE REPAIR. A building and its premises used for the storage, care, repair or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work. Minor repairs shall be limited to battery and tire changes, light and fuse replacement, wiper blade changes and similar activities. Also referred to as VEHICLE REPAIR.
AWNING. A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
BED AND BREAKFAST (TOURIST) HOME. A use:
(a) That takes place within a building that, before the effective date of this chapter, was designed and used as a single-family detached dwelling;
(b) That consists of a single dwelling unit together with the rental of one or more dwelling rooms on a daily or weekly basis to not more than five tourists, vacationers or similar transients;
(c) Where the provision of meals, if provided at all, is limited to the breakfast meal; and
(d) Where the bed and breakfast operation is conducted primarily by persons who reside within the dwelling unit, with the assistance of not more than the equivalent of one full-time employee.
BIG BOX DEVELOPMENT. A single structure containing at least 50,000 square feet of gross floor area that is constructed for the purpose of retail or wholesale occupancy.
BOARD OF ALDERMEN. The governing body of the Town of Richlands.
BOARDINGHOUSE. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units. A ROOMINGHOUSE or BOARDINGHOUSE 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.
BUFFER. (See also SCREENING.) A strip of land with natural or planted vegetation, located between a structure or use and a side or rear property line, intended to spatially separate and visually obstruct the view of two adjacent land uses or properties from one another. A BUFFER area may include any required screening for the site.
BUILDING. A structure designed to be used as a place of occupancy, storage or shelter.
BUILDING, ACCESSORY. A 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 and unless otherwise permitted by the chapter cannot be occupied or rented.
BUILDING, PRINCIPAL. The primary building on a lot or a building that houses a principal use.
BUILDING ENVELOPE. The portion of the lot where a principal building may be placed in conformity with the applicable setback requirements for the district in which the said lot is located.
BUILDING PERMIT. A permit issued by the Building Inspector that authorizes the recipient to undertake the construction, reconstruction, conversion, alteration, relocation, enlargement or demolition of a structure or building as regulated by local and state laws governing such activity.
CAMPGROUND. Any site or tract of land upon which are located the minimum number of travel trailer spaces of land area required by this chapter, regardless of whether or not a change is made for such services.
CERTIFY. Whenever this chapter requires that some 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 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 as a single housekeeping unit. (Definition subject to change in the state's general statutes.)
CHILD CARE INSTITUTION. An institutional facility housing more than nine orphaned, abandoned, dependent, abused or neglected children. (Definition subject to change in the state's general statutes.)
CHURCH. See RELIGIOUS INSTITUTION.
CIRCULATION AREA. The 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.
CLUB or PRIVATE LODGE. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a non-profit basis for the benefit of its members and certified as a non-profit organization by the Secretary of State of North Carolina.
COLLOCATION/SITE SHARING. Use of a common wireless communication facility or common site by more than one wireless license holder or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity.
COMBINATION USE. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses (§ 153.080). (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a COMBINATION USE is not established. See § 153.084.) In addition, when two or more 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.
COMMUNITY CENTER. A publicly sponsored, non-profit, indoor facility providing for one or several of various types of recreational uses. Facilities in a COMMUNITY CENTER may include, but are not limited to, gymnasia, swimming pools, indoor court areas, meeting/activity rooms and other similar uses. For the purposes of this definition, the term "publicly sponsored" means that a significant town or non-profit investment is involved in some fashion in the facility's development or operations.
CONSERVATION AREA. Environmentally and aesthetically sensitive and valuable lands protected from an activity that would significantly alter their ecological integrity, balance or character, except in cases of overriding public interest.
CONSERVATION AREAS. Includes freshwater and tidal marshes, wetlands, natural shorelines, creeks, wooded tracts and other areas of significant biological productivity or scenic beauty.
CONSERVATION EASEMENT. An easement granting a right or interest in real property for the purpose of retaining land or water areas predominantly in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife; or maintaining existing land uses.
DAY CARE CENTER. A day care facility as defined in G.S. § 110-86(3) (as it may be amended from time to time), as well as a center providing day care on a regular basis for more than two hours per day for more than five senior citizens.
DAY CARE HOME (SMALL). Any day care program or child care arrangement wherein any person not excluded in G.S. § 110-86(2) provides day care on a regular basis of at least once a week for more than four hours per day for more than two children under 13 years of age and for fewer than six children at any one time, wherever operated and whether or not operated for profit. The four-hour limit applies regardless of whether the same or different children attend. Cooperative arrangements among parents to provide day 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. Notwithstanding the limitation to five children prescribed above, the day care home operator may care for three additional school-aged children. (Definition subject to change in the state's general statutes.)
DAY CARE HOME (LARGE). A child care arrangement as described above in which the provider may care for between six and 12 children when any child present is preschool-aged and a maximum of 15 children when all are school-aged. (Definition subject to change in the state's general statutes.)
DESIGNATED BUFFER. An area of land adjacent to lakes or watercourses that pursuant to this chapter remains undisturbed in order to reduce the sedimentation and pollution of such lakes, creeks or watercourses.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT. Any of the following: (a) the construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; (b) the excavation, grading, filling, clearing, or alteration of land; (c) the subdivision of land as defined in G.S. § 160D-802; or (d) the initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by this chapter.
DIMENSIONAL NON-CONFORMITY. A non-conforming situation that occurs when the height, size or maximum floorspace or floor-to-area ratio 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.
DRIVEWAY. A private way, beginning at the property line of a lot abutting a public road, private road, easement or private right-of-way, giving access from a public road, recorded easement, recorded private road or private right-of-way and leading to a building, use or structure on that lot.
DUPLEX. See RESIDENCE, DUPLEX.
DWELLING UNIT. A structure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.
ELECTRONIC GAMING OPERATION. Any business activity or enterprise, whether as a principal, partial or an accessory use, 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 includes, but is not limited to, internet cafés, internet sweepstakes, cyber cafés or electronic game parlors in which individuals normally gain access to games of chance, with prize distributions, through the purchase of internet time, telephone cards or other means of qualification. This does not include any lottery endorsed by the state.
EXISTING LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
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. The portion of the town's planning jurisdiction that lies outside the town's corporate boundaries. The term EXTRATERRITORIAL PLANNING JURISDICTION is interchangeable with the term EXTRATERRITORIAL JURISDICTION (ETJ).
FACADE. The visible exterior portion of a building wall which extends from the ground to the top of the wall or roof line.
FACADE MODULE. A 60-foot or shorter horizontal section of facade containing a minimum of five unique architectural elements.
FACADE, OTHER. Any facade which is not considered a primary or secondary facade.
FACADE, PRIMARY. The facade containing the highest number of customer entrances.
FACADE, SECONDARY. A facade which is designed to be viewed from a public street, but is not the primary facade.
FAMILY. One or more persons living together as a single housekeeping unit.
FLEA MARKET. An occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private yard sales.
GLARE. Discomfort experienced by an observer with a direct line of sight to a light source that often results in visual impairment.
GUEST HOUSE (PRIVATE). An accessory building, not part of the principal building, containing living space for not more than one family for private, personal use and not intended or available for rent or lease.
GUEST HOUSE (RENTAL). An accessory building, not part of the principal building, containing living space for not more than one family that is rented out or intended to be rented out and/or available for lease.
GROSS FLOOR AREA. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
HABITABLE FLOOR. Any floor usable 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 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. (Definition subject to change in the state's general statutes.)
HANDICAPPED, AGED 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 infirmed, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. (Definition subject to change in the state's general statutes.)
HANDICAPPED, AGED OR INFIRM INSTITUTION. An institutional facility that provides residential care for more than nine aged, disabled or handicapped persons whose principal need is a home that provides the sheltered or personal care their age or disability necessitates. 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 multi-family development occupied by the elderly, handicapped or disabled. (Definition subject to change in the state's general statutes.)
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 Hazardous Chemicals Right-to-Know Act (G.S. §§ 95-173 through 95-218).
HOME OCCUPATION.
(a) Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use:
1. Is clearly incidental and secondary to the use of the dwelling for dwelling purposes (i.e., not to exceed 20% of the sum of the total gross floor area of the dwelling) and does not change the character thereof;
2. Does not involve an exterior or window display of goods or pieces of merchandise for sale or rent upon the premises;
3. Employs no person not a resident on the premises in connection with the home occupation;
4. Does not involve the use of chemical, mechanical or electrical equipment that is not routinely used in a residence or a professional or business office; and
5. Does not involve a use that would have a significantly adverse impact on surrounding properties (e.g., noise, glare of lights, traffic safety, hours of operation).
(b) This definition is not intended to, and does not permit the practice of a profession (i.e., lawyer, doctor or any other professional required to be licensed by the state) in a dwelling as a HOME OCCUPATION.
HOMEOWNERS' ASSOCIATION. A formally constituted non-profit association or corporation made up of the property owners and/or residents of a fixed area who are responsible for owning, operating and/or maintaining various common areas or facilities.
HOOKAH, VAPE, TOBACCO AND SIMILAR RETAIL ESTABLISHMENTS. A specialized retail establishment use primarily used for the sale or storage of tobacco products, electronic smoking/vaping devices, Kratom, CBD, hemp derived Delta-8 and related accessories. These products may include, but are not limited to, cigarettes, cigars, pipe tobacco, smokeless tobacco, vaping devices, e-liquids, and vaping accessories. An area may also be included whereby patrons share the tobacco or nontobacco products, or products from a communal hookah, water pipe, or similar device.
HOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities and on site management and reception services.
ICE VENDING MACHINE. A freestanding building or modular unit that produces, stores, bags and or vends ice to the consumer in an automated fashion. These uses are considered a separate use and may not be utilized as accessory structures.
INDEPENDENT PARKING LOTS OR GARAGES. An area or garage:
(a) That is used for the temporary parking (not storage) of motor vehicles;
(b) That is located on a lot on which there is no other principal use to which the parking is related; and
(c) Where the parking spaces are used by more than one enterprise or by the general public.
INDOOR PET BOARDING ESTABLISHMENT. Any lot or premises on which no more than ten domesticated animals more than four months of age are temporarily housed, groomed or boarded indoors. This activity does not include the breeding, sale, trading or exchanging of domestic animals.
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. (Definition subject to change in the state's general statutes.)
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. (Definition subject to change in the state's general statutes.)
INTERNET CAFÉ/SWEEPSTAKES. See ELECTRONIC GAMING OPERATION.
JUNKED MOTOR VEHICLE. Any vehicle designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle that does not display a current license plate, and that also:
(a) Is partially dismantled or wrecked;
(b) Cannot be self-propelled or moved in the manner in which it was originally intended to move; and/or
(c) Is more than five years old and worth less than $500.
JUNKYARD. See SCRAP MATERIALS SALVAGE YARD.
KENNEL, COMMERCIAL. A commercial operation that:
(a) 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
(b) Engages in the breeding of animals for sale.
KENNEL, PRIVATE. A structure used for the outdoor accommodation of small domestic animals and not operated on a commercial basis.
LAND DISTURBING ACTIVITY. Any use of the land by any person that results in a change in the natural cover or topography and that may cause or contribute to sedimentation or soil compaction that affects the critical root zone.
LANDSCAPING. The installation and maintenance, usually of a combination of trees, shrubs, plant materials or other ground cover, including grass, mulch, decorative stone and similar materials, but excluding bare soil, uncultivated vegetation, impervious pavement materials and gravel. Any live plant material such as trees, shrubs, ground cover and grass areas left in their natural state. See §§ 153.285 through 153.290.
LIGHT MANUFACTURING. The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place; where such processes are housed entirely within a building; or where the area occupied by outdoor storage of goods and materials used in such processes do not exceed 25% of the floor area of all buildings on the property.
LOADING AND UNLOADING AREA. The portion of the vehicle accommodation area used to satisfy the requirements of § 153.216.
LOT.
(a) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal unit for purposes of transfer of title.
(b) If a public body or any authority with the power of 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 the road so created is such that it effectively prevents use of this parcel as one lot, then the land on either side of this strip shall constitute a separate LOT.
(c) Subject to § 153.032, the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter. In the event this is done, it must be recorded in the County Register of Deeds Office.
LOT AREA. The total area circumscribed by the boundaries of a lot; except that:
(a) When the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or 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 a line running parallel to and 25 feet from the center of the traveled portion of the street if the exact right-of-way line cannot be determined; and
(b) 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 outside boundary of the traveled portion of that road.
LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded and registered in a deed or on a plat prior to the effective date of this chapter. A LOT OF RECORD may be used as a building site for a structure to be used for a purpose permitted in the district in which the said lot is located, although its size does not permit its owner to comply with minimum area and yard requirements; provided, however, front, side and rear yards, if required in said district, shall be provided on said lot in no less than the same proportion to those required, as the area of the LOT OF RECORD compares to the area requirement in said zoning district.
MASSAGE THERAPY. Health massage or bodywork therapy, performed by a practitioner with credentials in one of the following ways:
(a) Having a diploma or certificate from an institute or school of health massage, which has been accredited by either the American Massage Therapists Association, the National Therapists Association or from an accredited college or university, school of education for massage therapy; or
(b) Providing verification and documentation of at least 500 hours of experience in the practice of health massage/bodywork therapy and three letters of reference from state licensed health care professionals or licensed therapists on their professional letterhead.
MICROBREWERY. A brewery that produces less than 310,000 gallons of beer per year for wholesale, or wholesale and retail.
MODULAR STRUCTURE. A dwelling structure constructed in accordance with the standards set forth in the State Building Code for its use 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 STRUCTURE may consist of two sections transported to the site in a manner similar to a manufactured home (except that, the MODULAR STRUCTURE meets the State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.
NIGHTCLUB. Any commercial establishment serving alcoholic beverages and/or providing entertainment for patrons, including, but not limited to, bars, lounges, taverns, cabarets and similar establishments.
NON-CONFORMING LOT. A lot existing at the effective date of this chapter that does not meet the minimum area and dimensional requirements of the district in which the lot is located.
NON-CONFORMING 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.
NON-CONFORMING 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 NON-CONFORMING SITUATION may arise because a lot does not meet minimum square footage 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, because signs do not meet the requirements of this chapter (§§ 153.180 through 153.192), or because land or buildings are used for purposes made unlawful by this chapter.
NON-CONFORMING USE. A non-conforming 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.
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 not more than nine persons. (Definition subject to change in the state's general statutes.)
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.
OFFICE. A use or structure in which business or professional services are conducted or rendered.
OPEN SPACE. Any area which is not divided into private or civic building lots, streets, rights-of-way, parking or easements. In the low impact subdivision, OPEN SPACE may also include portions of private building lots subject to a permanent open space easement. URBAN OPEN SPACE assumes one or more of the forms detailed in subdivision ordinance, and may contain recreation equipment and amenities as indicated. RURAL OPEN SPACE is site specific in its designation.
OPEN SPACE, COMMON AREA. Designed to serve the residents of the immediate block or neighborhood. Ownership and maintenance of such COMMON AREAS shall be in fee simple title to a homeowners' association or similar organization.
OPEN SPACE, PUBLIC. Dedicated to a local government or non-profit conservancy organization for ownership and maintenance. PUBLIC OPEN SPACES shall maintain free and public access. Hours of access may be restricted in accordance with health and safety guidelines.
ORDINANCE. This chapter, including any amendments. Whenever the effective date of the ordinance is referred to, the reference includes the effective date of any amendment to it.
OUT PARCEL. A parcel of land associated with and located within a shopping center, mall or big box development, which is designated on an approved site plan as a location for a structure with an intended use.
OUTDOOR RECREATION. Swimming pools, tennis courts, ball fields and ball courts which are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. OUTDOOR RECREATION shall include any accessory uses, such as snack bars, pro shops and club houses which are designed and intended primarily for the use of patrons of the principal recreational use.
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.
OWNER. Any full or part owner, joint owner tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal title to the whole or to part of a structure or parcel of land.
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.
PERSON. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
PLANNED UNIT DEVELOPMENT (PUD). A development constructed on a tract of land at least two acres in size under single ownership (unless totally residential, in which case less than two acres is acceptable), planned and developed as an integral unit, and consisting of a combination of uses as outlined in §§ 153.054 and 153.088.
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 pursuant to the authority granted in G.S. § 160D-202.
PLANTING STRIP. The area of land along the front property line parallel to the outside of the right-of-way reserved for tree planting and landscaping.
PLAT. A map showing the location, boundaries and ownership of individual properties.
RELIGIOUS INSTITUTION. A church, synagogue, temple, mosque or other place of religious worship, including any customary accessory uses or structure, such as a school, day care center, cemetery or residential dwelling located on the same lot.
REPAIR. The modification, maintenance and/or replacement of telecommunications equipment not to exceed 50% of the total value of the telecommunications facility.
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, MULTI-FAMILY. 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, MULTI-FAMILY CONDOMINIUM. A unit in which the occupancy rights are individually owned (or for sale to individuals) and in which the unit ownership does not include any land. (See § 153.116.)
RESIDENCE, MULTI-FAMILY TOWNHOUSES. A multi-family 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, SINGLE-FAMILY DETACHED. A residential use consisting of a single detached building containing one dwelling unit.
RESTAURANT. A building or operation, the purpose of which is to accommodate the consumption of food and beverages.
RETAIL ESTABLISHMENTS. A building, property or activity the principal use or purpose of which is the sale of goods, products or merchandise directly to the consumer.
ROOMINGHOUSE. Same as BOARDINGHOUSE.
SCHOOL. Institutions that provide a place of academic learning. Publicly owned or privately owned preschools, elementary schools, middle schools, junior high schools, vocational schools and high schools; but not including institutions the primary function of which is day care. SCHOOLS include customary accessory uses such as recreational facilities, cafeterias and auditoriums. The use of temporary/mobile facilities for school use is further regulated as listed in the Table of Uses, § 153.080.
SCHOOL FACILITIES, PERMANENT. Permanent, site-built facilities, buildings and structures used for the instruction, and customary accessory uses such as recreation facilities, cafeterias and auditoriums.
SCHOOL FACILITIES, MOBILE. A detached structure built on a permanent chassis so that it is portable in one or more sections, but specifically designed for use as a temporary accessory classroom for an established educational facility.
SCRAP MATERIALS SALVAGE YARD. Any land or area used, operated or maintained, in whole or part, for the storing, keeping, dismantling, disassembling, salvaging, abandoning, buying or selling of scrap or waste materials, including scrap metals, wastepaper, used building materials, used vehicles or machinery, or other scrap materials.
SCREENING. A fence, wall, hedge, landscaping, buffer area or any combination of these provided to create a visual separation between certain land uses. A SCREEN may be located on the property line or elsewhere on the site, as determined by the use to be screened.
SHELTER, FALLOUT. A structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fallout, air raids or storms.
SHOPPING CENTER. Mercantile establishment consisting of a carefully landscaped complex of shops representing leading merchandisers; usually includes restaurants and a convenient parking area; a modern version of the traditional marketplace. May also be referred to as a MALL or PLAZA.
SIGN. Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view; or any structure (including a billboard or poster panel) designed to carry the above visual information.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered:
(a) Only elsewhere than upon the premises where the sign is displayed; or
(b) As a minor and incidental activity upon the premises where the sign is displayed.
SIGN, BUSINESS. A sign which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.
SIGN, FREESTANDING. A sign that:
(a) Is permanent; and
(b) Is attached to, erected on or supported by some structure such as a pole, mast or frame that is not itself an integral part of a building or other structure having a principal function other than the support of a sign.
SIGN, NON-CONFORMING. A sign that, on the effective date of this chapter, does not conform with one or more of the regulations set forth in this chapter, particularly §§ 153.180 through 153.192.
SIGN, 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. The structure on which an advertising sign is displayed of the type commonly known as a "billboard" is also an advertising sign.
SIGN, TEMPORARY.
(a) A sign that:
1. Is 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 period of time after the erection of such sign;
2. Is intended to remain on the location where it is erected or placed for a period of not more than 15 days; or
3. Is displayed on the premises only during normal operating hours and then removed from that location.
(b) If a sign display area is permanent, but the message displayed is subject to periodic changes, that sign shall not be regarded as TEMPORARY.
SIGN, WALL. A sign attached or erected against the wall of a building or structure, only one side of which is visible.
SIGN, SHINGLE. A small signboard hanging or protruding so that both sides are visible and which has no dimension more than two feet and which is no larger than three square feet. A SHINGLE SIGN may be mounted as a wall sign so that only one side is visible.
SIGN PERMIT. A permit issued by the Zoning Administrator that authorizes the recipient to erect, move, enlarge or substantially alter a sign.
SITE-SPECIFIC DEVELOPMENT PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. For purposes of this chapter, such plan shall be limited to the following plans or approvals: a subdivision general plan or a special use permit.
SPECIAL EVENTS. Circuses, fairs, carnivals, festivals or other types of special events that:
(a) Run for longer than one day, but not longer than two weeks;
(b) Are intended to or likely to attract substantial crowds; and
(c) Are unlike the customary or usual activities generally associated with the property where the special event is to be located.
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.
STEALTH. Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than like a tower such as light poles, power poles and trees. The term STEALTH does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.
STREAM. A body of water, including large drainage ditches and canals, flowing in a natural surface channel. Flow may be continuous or only during wet periods.
STREAM, INTERMITTENT. A stream, drainage ditch or canal that flows only in direct response to precipitation or tidal action. It is dry for a large part of the year.
STREET. A public street or a street with respect to which an offer of dedication has been made.
STREET, ARTERIAL. A major street in the town street system that serves as an avenue for the circulation of traffic into, out of or around the city and carries high volumes of traffic. All state-maintained streets within the town and their extensions into the extraterritorial area are arterial streets with a minimum width of 44 feet back of curb to back of curb.
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 with a minimum street width of 27 feet back of curb to back of curb.
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 with a minimum street width of 31 feet back of curb to back of curb.
STRUCTURE. A walled or roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other human-made facilities or infrastructure.
SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above ground pool having a depth of more than 30 inches designed, used, and maintained for swimming and bathing. This includes in-ground, above ground and on ground swimming pools, hot tubs and spas.
TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, TELECOMMUNICATIONS FACILITIES shall not include satellite receive-only earth station antennas and household antennas.
TEMPORARY STRUCTURE. A building placed on a lot for a specific purpose which is to be removed within a specified time period. Examples of TEMPORARY STRUCTURES are monitoring station, mobile classroom, construction trailer and produce stand.
TOWER. Any structure such as a bell tower, fire hose tower or water tower, as well as any structure whose principal function is to support an antenna.
TOWER CO-LOCATION. An arrangement whereby more than one user occupies a single tower or structure.
TOWER, COMMUNICATIONS. A structure greater than 60 feet in height whose primary purpose is to support communications equipment. This definition includes tower/antenna/building combinations and the height measurement applies to those combinations. This definition shall not include wire-supporting electric power transmission and telephone poles.
TOWER, LATTICE. A guyed or self-supporting multi-sided, open, steel frame structure used to support communications equipment.
TOWER, MONOPOLE. A structure composed of a single spire used to support communications equipment.
TRACT. The term is used interchangeably with the term PARCEL, particularly in the context of subdivisions. A TRACT or PARCEL is frequently subdivided into lots. (See LOT.)
TRAVEL TRAILER. A small house trailer on wheels, usually drawn by a passenger automobile or small truck, which is equipped for temporary use as a dwelling while traveling and meant for short-term occupancy and which may also be moved on short notice.
USE. The activity or function that actually takes place or is intended to take place on a lot.
USE, PRINCIPAL. A use listed in the Table of Permissible Uses.
UTILITY FACILITIES. Any aboveground 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 non-profit organization, a corporation or any entity defined as a public utility for any purpose by G.S. § 62-3(23) and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals. Excepted from this definition are utility lines and supporting structures listed in § 153.085.
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.
UTILITY FACILITIES, TOWN OR REGIONAL. All utility facilities other than neighborhood facilities.
VARIANCE. A permit which the Board of Adjustment may grant in certain situations, enabling a property owner to make use of his or her property in some way that conflicts with the literal provisions of this chapter. The circumstances under which the Board of Adjustment may do this are set out in §§ 153.375 through 153.380.
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.
VEHICLE STORAGE AREA. An opaque screened storage area for used vehicles or parts thereof that is used in connection with an automobile service station or an automobile repair shop or body shop as a place to store used vehicles or parts thereof while they are awaiting repair or pending the pickup of such vehicles or parts by their owners, for a period not to exceed 180 days. The opaque screen shall be that type of screen defined in § 153.233.
VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan, subdivision general plan or special use permit.
VIOLATION. The failure of a structure or other development to be fully compliant with the town's land use ordinance regulations. A structure or other development without the proper permits, certificates or other evidence of compliance required herein is presumed to be in VIOLATION until such time as that documentation is provided.
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 where the branches and leaves form a contiguous canopy.
YARD. A required open space unoccupied and unobstructed by a structure or portion of a structure; provided, however, that, fences, walls, poles, posts, other customary yard accessories, yard ornaments and yard furniture, and normal roof overhangs (not exceeding two feet) may be permitted in any YARD subject to height limitations and requirements limiting obstruction of visibility or movement.
YARD, FRONT. An area extending between side lot lines across the front of a lot adjoining a street. Depth of required FRONT YARDS shall be measured at right angles to a straight line joining the foremost point of the side lot lines at which the lot meets the normal minimum lot width required by this chapter. In the case of lots with rounded property corners at street intersections, the foremost point of the lot lines shall be assumed to be the point at which the side and front lines would have met without such rounding.
YARD, REAR. An area extending across the full width of the lot and lying between the rear lot line and a line parallel thereto at a distance therefrom as required in the applicable district.
YARD, SIDE. An area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and a line parallel thereto and a distance therefrom as required in the various districts.
YARD, CORNER SIDE. An area extending the length of the lot between the required front yard and required rear yard, and between the side street lot line and a line thereto and a distance therefrom as required in the various districts.
ZONING PERMIT. A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-06, passed 7-9-2024)