Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in G.S. Ch. 160D 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 this section or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; the words USED FOR shall include the meaning DESIGNED FOR; the word STRUCTURE shall include the word BUILDING; the word LOT shall include the words PLOT and TRACT and the word SHALL is mandatory.
ACCESSORY BUILDING. A subordinate use building customarily incident to and located upon the same lot occupied by the main use building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
ALLEY. A roadway which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
APARTMENT. A room or, suite of one or more rooms, in a two-family dwelling or multiple-family dwelling intended for use as a residence by a single family.
APARTMENT HOUSE. See DWELLING, TWO-FAMILY and DWELLING, MULTIPLE-FAMILY.
BOARDING HOUSE. A building other than a hotel or motel where, for compensation, meals are served.
BONA FIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-903. The provisions of this chapter shall not affect property used for bona fide farm purposes within the town’s extraterritorial jurisdiction; provided, however, this chapter shall apply to the use of farm property for nonfarm purposes. The provisions of G.S. § 160D-903 shall control whether the use of property is for “bona fide farm purposes,” and the provisions of such section are incorporated herein by reference as if set forth herein verbatim. In the event of any conflict between this chapter and G.S. Ch. 160D, the provisions of G.S. Ch. 160D shall control.
BUILDING. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, manufactured homes, and attached or unattached carports consisting of a roof and supporting members, and similar structures whether stationary or mobile.
BUILDING, HEIGHT OF. The vertical distance from the average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, excluding uncovered porches, steps, eaves and gutters, and the nearest right-of-way line of any street when measured perpendicularly thereto.
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:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(2) The excavation, grading, filling, clearing, or alteration of land.
(3) The subdivision of land as defined in G.S. § 160D-802.
(4) The initiation or substantial change in the use of land or the intensity of use of land.
DISPLAY MODEL. An unoccupied and prefabricated building or structure (the manufactured product) temporarily erected or located on the same lot with a principal use or building for the primary purpose of notifying the general public that this particular type of product is for sale.
DWELLING. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING, MULTIPLE-FAMILY. A detached building designed for or occupied exclusively by three or more families living independently of each other and doing their own cooking therein, including apartments, apartment hotels, and group houses.
DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A detached building designed for or occupied exclusively by two families living independently of each other.
FAMILY. Any number of individuals living together as a single housekeeping unit.
FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident persons with disabilities. For purposes of this definition, “persons with disabilities” means persons with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others defined in G.S. § 122C-3(11)b.
FILLING STATION. See SERVICE STATION.
FRONTAGE. All the property abutting on one side of a street between two intersecting streets, measured along the street line.
FUEL PUMP ISLAND. A fuel pump island consists of any device or group of devices used for dispensing motor fuel or similar petroleum products to the general public. Any supportive structure (concrete or other types of bases) physically connected to both a fuel pump and the ground shall be a part of the FUEL PUMP ISLAND.
GARAGE, COMMERCIAL. Any building or premises, except those described as a private or parking garage, used for the storage or care of motor vehicles, or where the vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
GARAGE, PARKING. Any building or premises, other than a private or commercial garage, used exclusively for the parking or storage of motor vehicles.
GARAGE, PRIVATE. A building or space used as an accessory to or a part of the main building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation, or service for profit is in any way conducted.
GAZEBO. A freestanding roofed structure that is open on all sides and does not exceed 150 square feet in floor area (floor area can be wood, concrete, gravel, or dirt), measured from the innermost edge(s) of the structure’s supports; not considered for use as a motor vehicle parking garage/shelter or an accessory building.
GUEST HOUSE (TOURIST HOME). Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation.
HEAVY INDUSTRY. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
HOME OCCUPATION. Any profession or occupation carried on entirely within a dwelling by one or more occupants thereof, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that no more than 25% of the total floor area is used for the purposes, that there is no outside or window display, that no merchandise or commodity is sold on the premises except such as may be produced by members of the immediate family residing on the premises, that no mechanical equipment is installed or used other than is normally used for domestic or professional purposes, and providing that no person not a resident of the dwelling is employed in connection with the HOME OCCUPATION.
HOTEL (MOTEL). A building or other structure kept, used, maintained, or advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of the guests; and having or not having one or more dining rooms, restaurants, or cafes where meals or lunches are served to the transient or permanent guests, the sleeping accommodations and dining rooms, restaurants, or cafés, if existing, being conducted in the same building or buildings in connection therewith.
INOPERATIVE VEHICLE. Any vehicle, designed to be self-propelled, which, by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purposes of this chapter, any vehicle which is registered with the State Division of Motor Vehicles and has a current state motor vehicle registration license affixed to it shall not be considered INOPERATIVE.
JUNK YARD. Any land or area used, in whole or in part, for storage and/or sale of waste paper, rags, scrap metal, vehicles, or other junk, and including storage of motor vehicles and dismantling of the vehicles or machinery.
LIGHT INDUSTRY. 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 the products, but excluding basic industrial processing such as the type(s) that exist(s) in heavy industrial uses.
LOT. A parcel of land in single ownership occupied or intended for occupancy by a building together with its accessory building, including the open space required under this chapter. For the purpose of this chapter, the word LOT 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 to be erected.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF A. The distance measured in the main direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line of the lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines bounding a lot.
LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the County Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds.
LOT, THROUGH. An interior lot having frontage on two parallel streets.
LOT WIDTH. The straight line distance between the points where the building setback line intersects the two side lot lines.
MANUFACTURED HOME. A structure as defined in G.S. § 143-145(7) as which is transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. MANUFACTURED HOME includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, MANUFACTURED HOME means a portable manufactured housing unit designed for transportation
on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connects on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.
(1) MANUFACTURED HOME, CLASS A. A manufactured home constructed after 7-1-1976 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 the following additional criteria.
(a) The manufactured home has a length not exceeding four times its width.
(b) The manufactured home has a minimum of 1,200 square feet of enclosed living area.
(c) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction.
(d) All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.
(e) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss white paint), wood, or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.
(f) The home is set up in accordance with the standards set by the State Department of Insurance, and a continuous, permanent masonry foundation or curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home.
(g) Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the State Department of Insurance, attached firmly to the primary structure and anchored securely to the ground.
(h) The moving hitch, wheels and axles, and transporting lights have been removed.
(2) MANUFACTURED HOME, CLASS B. A manufactured home constructed 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 meet or exceed the criteria in divisions (f), (g), and (h) for Class A homes.
(3) MANUFACTURED HOME, CLASS C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B 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. This does not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sales.
MANUFACTURED HOME SPACE. A plot of land within a manufactured home park designed for the accommodation of one manufactured home.
MINI-STORAGE BUILDINGS. A building containing multiple storage spaces available to the general public for rental so as to store various items, equipment, and materials, but excluding any material that is inflammable or explosive or that creates hazardous or commonly recognized offensive conditions.
MOBILE OR MANUFACTURED OFFICE. A structure identical to a manufactured home, except that it has been converted, or originally designed and constructed, for commercial or office use.
MODULAR STRUCTURE. A structure as defined in G.S. § 105-164.3(143) as a factory- built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. § 143-139.1.
NONCONFORMING USE. The use of a building, mobile home, or land which does not conform to the use regulations of this chapter or as a result of subsequent amendments which may be incorporated into this chapter.
OVERHEAD CANOPY. Any structure placed over, around, or near a fuel pump island or bank drive-thru and intended to provide lighting and/or protection from nature’s elements for island users.
PARKING LOT. An area or plot of land used for the storage or parking of vehicles.
PARKING SPACE. A storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space.
PERSON. Includes 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. A form of development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses.
POULTRY FARM. A tract of land devoted to raising 500 or more poultry-type animals.
PRIVATE ROAD OR STREET. Any road or street, within a mobile home park, group housing project, commercial center, industrial park, or other development which is not publicly maintained and is used for access by the occupants of the development, their guests, and the general public.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision- making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
SERVICE STATION. Any building or land used for the dispensing, sale, or offering for sale at retail any automobile fuels, lubricants, tires, and accessories, except that car washing, mechanical and electrical repairs, and tire repairs are only performed incidental to the conduct of the service station and performed indoors. Incidental activities shall not include tire retreading, major body work, or major mechanical work.
SHOPPING CENTER. A grouping of retail businesses and/or service uses on a single site with common parking facilities.
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.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgement and discretion be exercised as well as compliance with specific standards pursuant to §§ 154.175 to 154.178 herein.
STABLE, PRIVATE. A stable on a lot not less than one acre in size which has a capacity of not more than one horse for each 10,000 square feet of lot area and where the horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire, or sale.
STABLE, PUBLIC. A stable meeting the same requirements as a private stable, except that the horses may be owned by persons other than the owners or occupants of the premises and may be kept for remuneration, hire, or sale.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. In computing the height of a building, the height of a basement or cellar, if below grade, shall not be included.
STREET. A thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road, and any other thoroughfare, except an alley.
STREET LINE. The line between the street and abutting property.
STRUCTURAL ALTERATION. Any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the land or attachment to something having a permanent location on the land.
SWINE FARM. A tract of land devoted to raising 250 or more animals of the porcine species.
TEMPORARY OPERATING PERMIT. A certificate issued by the Town Board authorizing a nonconforming mobile home park to be maintained and operated for a period of six months subject only to the provisions of this chapter made expressly applicable to the park.
TOURIST HOME. See GUEST HOUSE.
TOWN BOARD. The Town Board of the Town of Rose Hill, North Carolina.
TOWN OF ROSE HILL COMPREHENSIVE PLAN. A Comprehensive Plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the town. This Plan is intended to guide coordinated, efficient, and orderly development within the planning and development regulation jurisdiction of the town based on an analysis of present and future needs. Such planning analysis may address inventories of existing conditions and assess future trends regarding demographics and economic, environmental, and cultural factors. This Plan addresses many of the factors set forth in G.S. § 160D-501(b), and future updates to such Plan may address any or all of the factors therein described. The Comprehensive Plan shall follow the process mandated for the adoption of zoning text amendments set forth in §§ 154.270 to 154.276 herein. All zoning regulations shall be made in accordance with the Comprehensive Plan.
TRAVEL TRAILER. Any vehicle or structure originally designed to be transported and intended for human occupancy for short periods of time, the vehicle usually containing limited or no kitchen and bathroom facilities. TRAVEL TRAILERS shall include the following:
(1) CAMPING TRAILER. A folding structure manufactured of metal, wood, canvas, and/or other materials, mounted on wheels and designed for travel, recreation, and vacation use;
(2) 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, and vacation purposes, having a body width eight feet or less or a body length 32 feet or less when equipped for road travel;
(3) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle. This definition shall include vans or panel trucks equipped for camping; and
(4) PICK-UP COACH. A portable structure for use as a temporary dwelling for travel, recreation, and vacation, designed to be mounted on a truck chassis for a temporary dwelling while either mounted or dismounted.
WAREHOUSING AND DISTRIBUTION OPERATIONS. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.
YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building, excluding steps and uncovered porches, to the road or street right-of-way.
YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.
YARD, SIDE. An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard is required.
ZONING MAP. The official zoning map of the Town of Rose Hill, North Carolina, dated June 29, 2021 with all amendments subsequently adopted. The official zoning map is hereby incorporated by reference, and made a part of this chapter. The official zoning map shall be referenced to as “Zoning District Map” or “Zoning Map.”
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)