For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building, and located on the same lot therewith.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter or local government development regulations. These are sometimes referred to as MINISTERIAL DECISIONS or ADMINISTRATIVE DETERMINATIONS.
ADULT USE BUSINESS. Any principal or accessory use which excludes minors by reason of age. This definition does not apply to applicable alcoholic beverage laws or voluntary restrictions of the motion picture industry. This classification includes, but is not limited to:
(1) ADULT BOOKSTORE. An establishment which has a substantial portion of its stock and trade in books, magazines, other printed materials or videos and excludes minors by reason of age.
(2) ADULT CABARET. An establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainment and excludes minors by reason of age.
(3) ADULT DRIVE-IN THEATER. A drive-in theater used for showing movies, slide shows, closed circuit television or similar offerings and excludes minors by reason of age.
(4) ADULT MASSAGE PARLOR. An establishment in which body massages are offered as a service and from which minors are excluded by reason of age.
(5) ADULT MINI-PICTURE THEATER. An enclosed building or part thereof with the capacity of 50 persons or less used for showing movies, slide shows, closed circuit television or similar offerings and excludes minors by reason of age.
(6) ADULT PICTURE THEATER. An enclosed building or part thereof with the capacity of more than 50 persons used for showing movies, slide shows, closed circuit television or similar offerings and excludes minors by reason of age.
(7) ADULT SEXUAL PARAPHERNALIA STORE. Any retail store specializing in the sale of paraphernalia, devices or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct.
AGRICULTURE. Farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).
ALLEY. A public or private thoroughfare which affords only a secondary means or access to abutting property and not intended for general traffic circulation.
ANIMAL HOSPITAL. An establishment for the care and treatment of small animals, including household pets.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for cats and dogs found running at large or otherwise subject to impoundment in accordance with the provision of this law.
BED AND BREAKFAST. A residence or building which has six or more guest units which exhibits a character of use consistent with a motel or hotel and which may have a restaurant open to the general public as well as the guests.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
BILLBOARD. An outdoor structure or display, pictorial or otherwise, either freestanding or attached to a building, which advertises or attracts attention to a business, commodity, service or other activity conducted, sold or offered elsewhere than on the premises on which said sign is located.
BOARDING HOUSE. A building where, for compensation, lodging and/or meals are provided for not more than ten persons.
BUFFER (WATERSHED). An area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering or pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
BUFFER STRIP. A strip of land consisting of walls, fences, vegetation and/or combination thereof provided between varying zoning districts and/or land uses.
BUILDING. Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in the case of a flat roof, to the average height of the gables in the case of a pitched roof, and to the deck line in the case of a mansard roof.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building (excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures), and the street or highway right-of-way line when measured perpendicularly thereto. When no right-of-way exists, then a 50-foot distance will be used to determine the setback (25-feet on each side from the center of the road). This distance is measured from the middle of the existing road or street.
BUILT-UPON AREA. The portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities and the like, excluding wooden slatted decks and the water area of a swimming pool.
CHILD CARE FACILITY. Any establishment that provides supervision, and cares for individuals on a regular basis, for more than five individuals unrelated to the operator for a period of less than 24 hours a day, and which receives payment, fee or grant, for any of the individuals receiving care, and whether or not operated for profit. The term includes day care centers, day nurseries, Smart Start and/or any facility that provides daytime care for individuals.
CHILD CARE HOM E. Any place operated by a person, society, agency, corporation, institution or any other group that is licensed by the state wherein children under 17 years of age who are not related to such person and whose parents or guardians are not residents in the same house and with such person, society, agency, corporation or institution responsible for the control and care of children enrolled therein.
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
CORNER LOT. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the “front” of the lot, except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is
defined as extending one-half mile upstream and draining to the normal pool elevation of a water supply reservoir or water intake located in a stream; or to the ridge line of the watershed, whichever comes first.
CUSTOMARY HOME OCCUPATION. An accessory use of a dwelling unit utilized for gainful employment that is clearly a customary, incidental and secondary use of a dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
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. Unless the context clearly indicates otherwise, the term means 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.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. DEVELOPMENT APPROVALS include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this chapter, or a local act or charter that regulates land use or development.
DUPLEX. A building designed for containing two dwelling units.
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. For the purposes of this chapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING UNIT. A building or portion thereof designed, arranged or used for permanent living quarters for one family. The term DWELLING UNIT shall not be deemed to include a motel, hotel, tourist home, mobile home or other structure designed for transient residence.
ELECTRONIC GAMING/INTERNET SWEEPSTAKES. Any business enterprise where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations or cyber cafes. This does not include any lottery approved by the state or any non-profit operation that is otherwise lawful under state law (such as, church or civic organization fundraisers).
EMERGENCY STRUCTURE. A temporary building for emergencies including trailers, mobile vehicles, which can be used for temporary living purposes, or for office use, in conjunction with construction.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this chapter.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this chapter based on at least one of the following criteria:
(1) Having expended substantial of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by state statutes (G.S. § 160D-102); or
(3) Having an approved site specific or phased development plan as authorized by state statutes (G.S. § 160D-102).
FAMILY CARE HOME. A home licensed by the State Department of Human Resources 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 handicapped persons defined by the state. Such
FAMILY CARE HOMES shall not be within a one-half mile radius of an existing family care home or group home as measured from property line to property line. This definition shall also include the term GROUP HOME.
GAMBLING, VIDEO LOTTERY TERMINAL. A building being used for gambling by the use of any electronic computerized video game machine that, upon the insertion of cash or other thing of value, is available to play a video game authorized by the lottery commission, and which uses a video display and microprocessor in which, by chance, the player may receive free games or credits that can be redeemed for cash.
GRADE. An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROSS FLOOR AREA. The total floor area of all buildings in a project including basements, mezzanines and upper floors exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main building such as boiler rooms and maintenance shops.
GROUP HOME.
(1) Any facility licensed by the State Department of Human Resources, by whatever name it is called, other than a “family care home”, as defined by this chapter, with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than nine resident persons.
(2) Such GROUP HOMES shall not be within a one-half mile radius of an existing family care or group home as measured from property line to property line.
HAZARDOUS MATERIAL. Any substance listed as such in SARA § 302, Extremely Hazardous Substances, CERCLA Hazardous Substances or § 311 of CWA (oil and hazardous substances).
HOME OCCUPATION. An occupation customarily conducted for profit within a dwelling and carried on by the occupant thereof, which use is clearly secondary to the use of the dwelling for residential purposes.
HORTICULTURE. The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
HOTELS AND INNS. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a bed and breakfast, as herein defined.
IMPERVIOUS SURFACE. Any hard-surfaced, human-made area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas.
JUNK OR SALVAGE. Old, second hand or scrap ferrous or nonferrous metals, paper and paper products including roofing and tar paper, cloth and clothing, wood and wood products, manufactured rubber products, including motor vehicle tires, rope, manufactured plastic products, paint, manufactured clay and porcelain products, trash and similar materials and shall include dismantled or inoperable machinery and household appliances, equipment and parts. JUNK AND SALVAGE shall also include the baling of cardboard boxes, paper and paper cartons.
JUNKYARD. The use of more than 100 square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or parts thereof.
KENNEL. Any location where boarding, caring for or keeping of more than a total of three dogs or cats or other small animals or a combination thereof (except litters of animals of not more than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats or other small animals for commercial purposes.
KENNEL, NONCOMMERCIAL. Any location where the boarding, caring for and keeping of more than three, but not more than, ten, dogs or cats or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on, not for commercial purposes, but as a hobby such as the raising of show and hunting dogs.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under this chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of this chapter.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIGHT INDUSTRIAL. Any operation which creates, assembles, improves, treats, compounds or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place, which does not require outside storage of goods or materials and does not generate objectionable amounts of truck traffic.
LOT. A parcel of land occupied or capable of being occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this chapter, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.
LOT, CORNER. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot, except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit.
LOT COVERAGE. The area of a lot covered by a building or buildings, expressed as a percentage of the total lot area.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT OF RECORD. A lot which is part of a subdivision, a plat or 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 so recorded at the county courthouse.
LOT WIDTH. The distance between side lot lines measured at the building setback line.
MAJOR WATERSHED VARIANCE. A variance that results in any one or more of the following:
(1) The complete waiver of a management requirement;
(2) The relaxation, by a factor of more than 10%, of any management requirement that takes the form of a numerical standard; and/or
(3) The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option.
MANUFACTURED HOME. A manufactured housing unit, completely or partially assembled in a manufacturing plant, designed for transportation from a manufacturing plant, either on its own chassis or in sections, and placement on a temporary, semi-permanent or permanent foundation. It shall also comply with the National Mobile Home Construction and Safety Standards, adopted by the U.S. Department of Housing and Urban Development (adopted in July 15, 1976) and meet the setup and appearance criteria established by §§ 152.090 through 152.097. For the purpose of this chapter, MANUFACTURED HOMES are further classified as follows:
(1) CLASS B MANUFACTURED HOME. A multi-sectional manufactured home that meets or exceeds the construction standards established by the U.S. Department of Housing and Urban Development (HUD) that were in effect at the time of construction. The majority of these homes were built after July 15, 1976. These homes are often called DOUBLE-WIDE MANUFACTURED HOMES.
(2) CLASS C MANUFACTURED HOME. A manufactured home that meets or exceeds the construction standards established by the U.S. Department of Housing and Urban Development (HUD) that were in effect at the time of construction. The majority of these homes were built after July 15, 1976. These homes are usually called SINGLE-WIDE MANUFACTURED HOMES. They are often referred to as MOBILE HOMES or TRAILERS.
(3) CLASS D MANUFACTURED HOME. A manufactured home which was constructed prior to the establishment of any construction standards by the U.S. Department of Housing and Urban Development (HUD). All of these homes were built prior to July 15, 1976. They are often referred to as MOBILE HOMES or TRAILERS. CLASS D MANUFACTURED HOMES are not permitted to be placed anywhere in the town.
MANUFACTURED HOME PARK. Land used or intended to be used, leased or rented for occupancy by two or more manufactured homes which are mounted on wheels, anchored in place by a foundation or other stationary support, to be used for living purposes and accompanied by automobile parking space and incidental utility structures and facilities required and provided in connection therewith. This definition shall not include sales lots on which unoccupied manufactured homes are parked for purposes of inspection and/or sale.
MANUFACTURED HOME STAND. The part of an individual lot which has been reserved for the placement of one manufactured home unit.
MEDICAL OFFICES. A facility providing medical, psychiatric or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees or visitors.
MICROBREWERIES, DISTILLERIES AND WINERIES. Facilities or establishments engaged in the manufacturing, production, distillation, packaging, distribution of microbrew beer, ales, wines, and/or spirituous liquors.
MINOR (WATERSHED) VARIANCE. A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor up to 5% of any buffer, density or built-upon requirement under the high density option; or that results in a relaxation, by a factor up to 10%, of any management requirement under the low density option.
MINOR WATERSHED VARIANCE. A watershed variance that does not qualify as a major variance.
MIXED USE STRUCTURE. A building containing residential in addition to nonresidential uses permitted in the zone.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina Building Code), or a series or panels or room sections transported on a truck and erected or joined at the building site.
MOTEL. A building in which lodging or board and lodging are provided for transient guests and offered to the motoring public for compensation in which ingress and egress to and from all rooms are made primarily direct from an exterior walkway rather than from an inside lobby.
MULTI-FAMILY DWELLING. A building designed for and containing three or more dwelling units.
NONCONFORMING USE. A building or land lawfully occupied by a use that does not conform with use regulations of the district in which it is located.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.
OPEN SPACE. Any front, side or rear yards, courts, usable open space provided about a building in order to meet the requirements of this chapter.
OPEN STORAGE. Unroofed storage area, whether fenced or not.
OVERLAY DISTRICT. An area where certain additional requirements are superimposed upon a base zoning district or underlying district and where the requirements of the base or underlying district may or may not be altered.
PARK. A noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Such facilities include subdivision recreation facilities (neighborhood parks), community parks, regional parks and special use facilities, all as described in the recreation and open space element of the comprehensive plan. Such facilities may also include, but shall not be limited to, school and religious institution ballfields, football fields and soccer fields, if they meet the above definition. Commercial amusement facilities, such as water slides, go-cart tracks and miniature golf courses shall not be considered PARKS.
PARKING LOT. Any designated area designed for temporary accommodation of motor vehicles of the motoring public in normal operating conditions whether for a fee or as a service.
PARKING SPACE. A storage space of not less than nine feet by 18 feet for one automobile plus the necessary access space.
PLANNED UNIT DEVELOPMENT (PUD). A form of development characterized by a unified site design for a number of housing units, clustering of buildings and providing common open space, density increased, mixed uses and a mix of building types. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. The site must include two or more principal buildings. Such development shall be based on a plan which allows for flexibility of design most available under normal district requirements.
PRINCIPAL BUILDING. A building in which is conducted the main or principal use of the lot on which said building is situated.
PROTECTED AREA. Area adjoining and upstream of the critical area of WS-IV watersheds. The BOUNDARIES OF THE PROTECTED AREA are defined as the area five miles upstream and draining to water supply reservoirs, or ten miles upstream and draining to water intakes located in streams or rivers, or to the ridge line of the watershed, whichever comes first.
RECYCLING ESTABLISHMENT. An establishment for the processing (separation and/or recovery) or collection of recyclable materials from solid wastes. Recycling of oil or other liquids may also occur.
SEWERAGE SYSTEM, INDIVIDUAL. An individual septic tank system of sewage disposal. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS must be installed and maintained in accordance with the Division of Health Services, State Department of Human Services Rules and Regulations Governing the Disposal of Sewage from any Residence, Place of Business or Place of Public Assembly in North Carolina, and the regulations of the County Board of Health.
SEWERAGE SYSTEM, PUBLIC. A system serving two or more connections. Plans for public and community sewer systems must be approved by the Division of Environmental Management, State Department of Natural Resources and Community Development.
SIGNS. Any form of publicity, visible from any public highway directing attention to an individual activity, business, service, commodity or product and conveyed by means of word, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints or other devices erected on an open framework or attached or otherwise applied to posts, stakes, poles, buildings or other structures or supports.
(1) SIGN AREA. SIGN AREA shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area, excluding architectural trim and structural members. In computing AREA, only one side of a double-faced sign shall be considered.
(2) SIGN, OFF-SITE. A sign which directs attention to a business, commodity, activity, service or product not necessarily conducted, sold or offered upon the premises where such sign is located.
(3) SIGN, ON-SITE. A sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is attached.
SINGLE-FAMILY DWELLING. A building designed for and containing one dwelling unit.
SKILLED NURSING OR OTHER ASSISTED LIVING FACILITIES. A home for the aged or ill persons in which three or more persons not of the same immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.
STREET (ROAD, LANE, WAY, TERRACE, DRIVE). A dedicated, recorded and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURAL ALTERATIONS. Any change on the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, or dimensions or the rooms therein.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose (whether immediate or future) of sale, lease, legacy or building development; it includes all divisions of land involving a new street to which the public has access (whether public or private) or a change in an existing street, and includes re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:
(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of these regulations; and
(2) The division of land into parcels of five acres or more where no new street is involved.
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER DEPENDENT STRUCTURES.
WATER SYSTEM, INDIVIDUAL. A drilled or bored well or spring which serves a single connection. Individual water supply systems should be located, constructed and operated in accordance with the Division of Health Services, State Department of Human Resources.
WATER SYSTEM, PUBLIC. Water supply systems serving ten or more connections are classified as a public water supply by state law. Plans and specifications must be approved by the Sanitary Engineering Section, Division of Health Services, State Department of Human Resources.
WATER SYSTEM, SEMIPUBLIC. Water supply systems serving from two to nine connections, inclusive. This system may be regulated by the County Board of Health, and plans should be approved by the County Health Department.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)
WATERSHED ADMINISTRATOR (ZONING ENFORCEMENT OFFICER). An official designated by the Town of Rutherford College responsible for administration and enforcement of this chapter.
WATERSHED VARIANCE. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.
YARD. An open space on the same lot with a principal building, unoccupied and unobstructed from the ground upward.
YARD, FRONT. An open space on the same lot with a principal building, between the front line of the building (exclusive of steps) and the front property or street right-of-way line and extending across the full width of the lot.
YARD, REAR. An open, unoccupied space extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
YARD, SIDE. An open, unoccupied space situated between the side line of the building and adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
ZONING ENFORCEMENT OFFICER. Town official charged with the responsibility of enforcing this chapter.
ZONING PERMIT. Permit issued by the Zoning Enforcement Officer indicating that a proposed use is in compliance with requirements of this chapter.
(Ord. passed 4-5-2010; Ord. passed 1-7-2013; Ord. passed 2-1-2016; Ord. passed 5-3-2021)