For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine gender.
ABUTTING. The property directly touching another piece of property.
ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use of the structure.
ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
BOARD OF ADJUSTMENT. The Board of Adjustment of the town, established by this chapter.
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 OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the height level between the eaves and ridge of a gable, hip or gambrel roof.
CONDOMINIUM. A project meeting the requirements of G.S. Chapters 47A and 47C, as applicable. The type of structure and use, rather than the CONDOMINIUM form of ownership, shall be the determining factor in deciding whether a use is permitted in a district.
DISH ANTENNAS (OR EARTH STATION). Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.
DISH ANTENNAS (OR EARTH STATION) HEIGHT. The distance as measured vertically from the highest point of the antenna or dish, when positioned as its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.
DISH ANTENNA (OR EARTH STATION) SETBACK. The distance measured from the center mounting post supporting the antenna.
DWELLING, MULTI-FAMILY. A building arranged to be occupied by more than two families, the building having more than two dwelling units, but excluding mobile home and townhouses.
DWELLING, SINGLE-FAMILY. A building arranged to be occupied by one family, the building housing only one dwelling unit, but excluding mobile homes and townhouses.
DWELLING, TWO-FAMILY. A building arranged to be occupied by two families, the building having two dwelling units, but excluding mobile homes and townhouses.
DWELLING UNIT. A building or portion thereof designed, arranged and/or used for the living quarters for one or more persons living as a single family, with cooking facilities, excluding units in rooming, boarding and tourist houses, family or group care homes, or hotels or motels or other buildings designed for transient residence.
FAMILY. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding five, living together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a FAMILY as shall a foster care home approved by the state.
FAMILY CARE HOME. A facility as defined in G.S. § 168-21.
FLOOR AREA, GROSS. The number of square feet of total floor area bounded by the exterior faces of a structure, plus the number of square feet of unenclosed space devoted to the conduct of the use, excluding basements and unenclosed porches, balconies and terraces, unless used in conjunction with the use, such as for outdoor eating, merchandising, storage, assembly or similar uses and excluding off-street parking and loading areas.
HOME OCCUPATION. An incidental use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. The term HOME OCCUPATION shall not be deemed to include a tourist home.
JUNKYARD. The use of more than 600 square feet of any lot or tract for the outdoor storage and/or sale of waste paper, rags, scrap metal or other junk, including the storage of automobiles or other vehicles, or dismantling of such vehicles or machinery or parts thereof.
KENNEL. An establishment for the keeping or breeding of dogs for profit.
LOADING AREA. A completely off-street space or berth on the same lot for the loading or unloading of freight carriers with ingress and egress to a public street or alley.
LOT. A single LOT of record, or more than one continuous lot of record in the same ownership, which lot or lots of record are not divided by any street or public alley, and excluding any part of a lot or lots of record which, when severed from contiguous land in the same ownership, creates a nonconformity or a LOT or parcel which does not meet the dimensional requirements of this chapter. LOT shall include the words PLOT, PARCEL and TRACT.
LOT, CORNER. A lot which occupies the interior angle at the intersection of two or more right-of-way lines. A lot abutting on the right-of-way of a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
LOT COVERAGE, MAXIMUM IN PERCENT. The maximum percent of the lot which may be covered with structures. All yard requirements must be met in addition to lot coverage requirements.
LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of said lot lines in the rear. On lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 152.044, the foremost points of the side lot lines shall be measured at the place where the access strip joins the main portion of the lot.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Register of Deeds of the county, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect the right-of-way line, or for lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of § 152.044, at the place where the access strip joins the main portion of the lot) shall not be less than 80% of the required lot width, except in the case of the turning circle of cul-de-sacs where the 80% requirement shall not apply.
MANUFACTURED HOME. A dwelling unit that:
(1) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One-and Two-Family Dwellings; and/or
(2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its chassis.
MAP, ZONING MAP or SCOTLAND NECK ZONING MAP. The Official Zoning Map of the town.
MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
MOBILE HOME SUBDIVISION. A subdivision designed or intended primarily for sales of lots for residential occupancy by mobile homes.
NET ACREAGE, ACRES, LAND AREA, SQUARE FOOTAGE OF LAND AREA. Land area with streets, rights-of-way and driveways which serve as access to more than two units or uses, and major transmission line easements not included in its measurement.
PERSON. A firm, association, organization, partnership, corporation, trust and company, as well as an individual.
PLANNING BOARD. The Planning Board of the town.
PRINCIPAL BUILDING, USE OR STRUCTURE. The main use of a lot or the building or structure in or on which the main use of the lot takes place.
RESTAURANT. An establishment whose primary purpose is serving meals to patrons.
RESTAURANT, DRIVE-IN OR TAKE-OUT. Any restaurant which makes provisions for curb service, outdoor service or a drive-in window, or any restaurant more than 10% of whose average daily customers take their food or beverages out of the restaurant.
RESTAURANT, INDOOR. Any restaurant except a drive-in or take-out restaurant.
RIGHT-OF-WAY, STREET. A strip of land, owned publicly or privately, which affords the principal means of access to abutting property.
ROOF LINE. The top edge of the roof or the top edge of the parapet, whichever forms the top line of the building silhouette, but not including penthouses or equipment structures.
SERVICE STATION. A building or lot dedicated to the rendering of services, such as the sales of gasoline, oil, grease and accessories, and the minor repair of automobiles, excluding body working, overhauling and painting.
SETBACK LINES. The line on the front, rear and sides of a lot that delineates the area within which a structure may be built and maintained, according to the district regulations.
SHALL. Is always mandatory and not merely directory.
SHOPPING CENTER. Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property.
SIGN. Any outdoor letter, symbol, number, trademark or other form of publicity or combination of these, as well as the surface on which they are painted or to which they are attached, which is located outdoors or is located inside a window facing out, and any background material, coloring, shapes or other trim shall be considered a SIGN, unless entirely enclosed by a fence or wall such that the above items and any structure or lighting attached to or accessory to them cannot be seen off the premises on which they are located. Works of fine art which in no way identify or advertise a product or business shall be excluded from this definition. Different types of SIGNS include:
(1) ENTRANCE OR MONUMENT-TYPE SIGN. A sign which sits in or on the ground, or is attached to a base or structure which sits in or on the ground and is not over four feet in height, or a sign attached to an entrance wall, fence or pillars, or a sign attached to a wall or fence which encloses a subdivision or development at the entrance to the subdivision or development.
(2) GROUND SIGN. A sign erected on a freestanding frame, mast and/or pole and not attached to any building, fence or wall.
(3) IDENTIFICATION SIGN. A sign which contains any or all of the following: the name of the occupant, owner or establishment; the type of establishment; the hours of operation; and the house number when located on the site of the establishment.
(4) OFF-SITE ADVERTISEMENT SIGN (BILLBOARD). A sign which contains information about an establishment, business, commodity, activity or service not conducted, sold or offered upon the premises where such sign is located and not otherwise allowed in § 152.109, and which is not specifically regulated in § 152.109 as a directional sign to churches, meeting halls, civic clubs or garage sales, or as a temporary sign.
(5) ON-SITE ADVERTISING SIGN. A sign which information about an establishment or the products or services that it offers, other than that contained in an identification sign, when located on the same site as the establishment to which it refers.
(6) PORTABLE SIGNS. A sign which is not directly attached to the ground or anchored therein by placement in a concrete footing, in holes with compacted earth or gravel, or other support so as to be adequately affixed to the ground as a permanent structure. Signs painted on or otherwise attached to currently licensed motor vehicles not primarily used as signs are not included in this definition and are not regulated under this chapter.
(7) PROJECTING SIGNS. A sign which extends beyond and is attached to a building wall and may extend over a public right-of-way.
(8) ROOF SIGN. A sign attached to and extending upward from a roof of a structure.
(9) WALL SIGN. A sign that is attached flat to a wall or facade of a building, or to a fence or wall.
SIGN AREA. The area of the smallest regular polygon composed of eight lines or less, circle, half-circle, ellipse or combination thereof, which will encompass the entire sign, excluding the base of a apron, supports or other structural members, unless some part of the message appears on them, in which case they shall be included. Where symbols, letters or numbers are attached separately to a structure, including a sign structure, or to separate surfaces, they are between the separate items or letters, whether open or solid shall be computed as part of the sign area. The total SIGN AREA for a double-faced sign shall be measured on the largest face of the sign. Where three-dimensional figures are used as signs, the largest dimension of such figure shall be projected on a vertical plane and measured in the standard manner.
SIGN, HEIGHT. The vertical distance measured from the adjacent street grade or from the ground on which it rests, whichever allows the sign the greatest height, to the top of the sign.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, fences, signs and swimming pools. STRUCTURE includes the word BUILDING.
TOWN BOARD, GOVERNING BODY and SCOTLAND NECK BOARD OF COMMISSIONERS. The Board of the Commissioners of the town.
TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating such units.
USED. As applied to any land or building, shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED.
VARIANCE. A relaxation of the terms of this chapter under the specific conditions set forth in § 152.159.
YARD. An open space on the same lot with a principal structure or use unobstructed and unoccupied by any structure or portion thereof or parking or loading area, except as provided in this chapter.
YARD, FRONT. A yard extending the full width of the lot and situated between the right-of-way line and the front line of the principal structure or use projected to the side lines of the lot. Depth of required FRONT YARDS shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines in the case of rounded property corners at street intersections shall be assumed to be the point at which the side and front of lines would have met without such rounding. The foremost points of the side lot lines in the case of lots having an access strip extending from the front of the main portion of the lot in order to comply with the requirements of this chapter shall be measured at the place where the access strip joins the main portion of the lot. However, nothing may be placed in the access strip that is not permitted by this chapter to be placed in a FRONT YARD. Front and rear yard lines shall be parallel.
YARD, REAR. A yard extending the full width of the lot and situated between the rear line of the lot and the principal structure or use projected to the side lines of the lot.
YARD, SIDE. A yard extending along either side of a lot measured from front yard line to rear yard line and lying between the side lot line and the principal structure or use on the lot.
ZONING ADMINISTRATOR. The official charged with the enforcement of this chapter.
(1992 Code, § 152.004) (Ord. passed 11- -1988)