§ 155.007 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY DWELLING UNIT. A detached building or portion thereof designed to accommodate visitors of a principal dwelling's resident on a temporary basis. The temporary nature of the visit may be extended in cases of accommodating family members or other medical caregivers, on site to provide medical and supervisory care for an ill or elderly family member. In no case shall such unit be constructed or used as rental property. This term shall include garage apartments and guesthouses but does not include manufactured homes. ACCESSORY DWELLING UNITS are permitted in all residential districts as customary accessory uses so long as the following provision are met.

      (1)   A unit can only be located on the same parcel occupied by its principal single-family dwelling, and shall clearly be incidental and subordinate to the principal building.

      (2)   Only one unit is allowed per lot, located in accordance with § 155.046.

      (3)   The unit cannot exceed 50% of the gross floor area of the principal dwelling or 1,000 square feet, whichever is less.

      (4)   If new construction, the unit must be compatible with the single-family dwelling in terms of appearance, roof pitch, etc.

      (5)   No unit can be subdivided from the property of the single-family dwelling, and shall be owned by the same owner of the single-family dwelling.

      (6)   A unit shall only be served by the same driveway that serves the single-family dwelling, unless the unit is accessed from a different roadway than the single-family dwelling.

      (7)   No unit may be used for a customary home occupation.

   ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

   ALTERATION. Includes the following:

      (1)   Any addition to the height or depth of a building or structure;

      (2)   Any change in the location of any of the exterior walls of a building or structure;

      (3)   Any increase in the interior accommodations of a building or structure; and/or

      (4)   Any change that constitutes an alteration in the literal sense of the word (“to make different without changing into something else”). This includes but is not limited to sign face changes or any other such modification to a sign or structure.

   APARTMENT. A dwelling unit within an apartment building consisting of a room or rooms intended, designed or used as a residence.

   APARTMENT HOUSE. A building or portion thereof used or designed as a residence and consisting of three or more dwelling units including apartment hotels, apartment houses, and group housing projects.

   APPRAISED VALUE. An estimate or opinion of the value of real or personal property or an interest or estate in that property, as determined by a qualified appraiser.

   ASSESSED VALUE. The market value which has been last determined by the county for ad valorem tax purposes.

   BASEMENT. That portion of any structure located partly or entirely below the average adjoining lot grade.

   BED AND BREAKFAST. An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee.

   BOARD OF ADJUSTMENT. The Town Zoning Board of Adjustment.

   BOARDINGHOUSE. A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement or compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

   BUFFER. A horizontal distance from the property line which may only be occupied by screening, utilities, accessways and landscaping materials.

   BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. The connection of two or more buildings by means of an open porch, breezeway, passageway, carport or other open structure, with or without a roof, shall be deemed to make them one building. This term does not apply to camping trailers, motorized homes, pickup campers, travel trailers or self-contained travel trailers.

      (1)   ACCESSORY BUILDING. A use or structure customarily incidental and subordinate to the main or principal building and located on the same lot therewith.

      (2)   PRINCIPAL BUILDING. See STRUCTURE, PRINCIPAL .

   BUILDING HEIGHT. The vertical distance from the mean elevation of the finished grade along the front of a building to the highest point of a flat roof, or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip, gambrel and pitch roofs.

   BUILDING LINE. A line fixed parallel to a lot line beyond which a building cannot extend under the terms of this chapter. Included are front, side and rear building lines.

   CAMPGROUNDS. Land used or intended to be used for the renting of space for temporary occupancy by recreational vehicles used as temporary living quarters for outdoor recreational purposes. These properly licensed campgrounds must be designed and operated in accordance with all applicable provisions of town ordinances. This definition shall not include recreational vehicle sales lots on which unoccupied recreational vehicles are parked for purpose of inspection and sale.

   CARPORT. A roofed structure open on at least one side and used for the storage of private or pleasure-type vehicles.

   CERTIFICATE OF ZONING COMPLIANCE. A statement, signed by the Zoning Enforcement Officer, stating that the plan for a building, structure, or use of land complies with this chapter.

   CLEAR VISION AREA. The triangular area formed by joining points, using straight lines, of the centerlines of intersecting or intercepting streets 60 feet from their intersection/interception.

   CHAMPION TREE. A tree with a larger diameter than 18 inches, measured at breast height.

   CLUB OR LODGE, PRIVATE. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities operated on a nonprofit basis for the benefit of its members.

   COMMON OPEN SPACE. An area of land and/or water within a site designed and reserved for the use and enjoyment of the residents. This does not include streets or off-street parking areas. Common open space shall be substantially free of structures but may contain improvements that are in the plan as finally approved and which are appropriate for the benefit of residents of the development.

   CONDITIONAL CASE PERMIT. A permit issued for a use or development that would not be generally appropriate within the zoning district without added restriction to safeguard the health, safety, morals, general welfare, order, comfort, convenience, appearance or prosperity of the neighborhood.

   CONDOMINIUM. A building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

   CREMATORIUM. A furnace or establishment, which may or may not be attached to a funeral home for the incineration of human corpses.

   CUSTOMARY HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no display from outside the principal structure, nor commodity sold upon the premises except as may be produced by the occupants, provided that not more than 25% of the total floor area of the dwelling, including the basement, may be devoted to the occupation and that no person, other than a resident of the premises, shall be employed in connection with the home occupation. Standard business hours shall be adhered to.

   DAY CARE FACILITY. Any day care center or child care arrangement that provides day care for five or more children unrelated to the operator and for which a payment, fee or grant is received. This definition shall not include foster homes, public or private schools which provide a course of grade school instruction to children of public school age, summer, day or residence camps or Bible schools.

   DEPARTMENT STORE. An establishment selling or offering for sale a variety of merchandise categorized into sections of similar items.

   DEVELOPMENTALLY DISABLED PERSON. A person who has a severe or chronic disability attributed to mental or physical impairment or a combination thereof, resulting in substantial functional limitations in life activities. Such limitations may affect the person's ability to self care, utilize receptive and expressive language, learn, be mobile, self-direct, live independently or be economically self-sufficient. Such persons may require a combination or sequence of special, interdisciplinary, or genetic care, treatment or other services which are lifelong, or extended duration and are individually planned and coordinated.

   DISTRICT. Any section of the town and its zoning jurisdiction within which regulations are uniform.

   DWELLING UNIT. A habitable house, apartment, manufactured home, group of rooms or a single room that is occupied as a separate living quarters and has direct access from outside the building or through a common hall.

      (1)   DUPLEX. A building arranged or designed to contain two dwelling units.

      (2)   MULTI-FAMILY DWELLING. A building or portion thereof, designed to contain two or more dwelling units. See APARTMENT HOUSE, CONDOMINIUM and TOWNHOUSE .

      (3)   SINGLE-FAMILY DWELLING. A detached building designed to contain one dwelling unit.

   EASEMENT. A grant by a property owner for a specified purpose and use by the public, a corporation or individuals.

   EXTRATERRITORIAL JURISDICTION. That land lying within one mile in all directions of the corporate limits and not located in any other town. In the event of land lying within a distance of one mile of both the town and any other municipality, the jurisdictions of the town and of .

   FAMILY CARE UNIT. 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 handicapped persons. Application for permit shall be accompanied by a map showing the nearest existing family care units, with certification that the proposed home will be located no closer to them than one-half mile.

   FENCE. An outdoor structure placed around a parcel of land and constructed of either masonry, metal or wood which provides either a physical barrier or visual screen between properties.

   FLOOD, 100-YEAR. Determined from an analysis of floods which are generally representative of those known to have occurred on a particular stream and other streams in the same general region with an average recurrence interval of 100 years.

   FLOODPLAIN. The relatively flat area or low land adjacent to the channel of a river, stream, watercourse, lake or other body of standing water which has been or may be covered by floodwater.

   FLOODPLAIN OBSTRUCTION. Any dam, embankment, levee, dike, pile, abutment, spoil material, bridge, conduit, culvert, wire, fence, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse or regulated flood hazard area which may, by itself or by catching or collecting debris carried by the water, impede, retard, or change the direction of the flow of water. Obstructions may be artificial or naturally occurring.

   FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and/or structures subject to flooding, primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings.

   FLOOD PROTECTION ELEVATION. The elevation to which structures and uses regulated by this chapter are required to be elevated or flood proofed.

   FLOODWAY. The channel of a stream and adjacent land which is required to carry and discharge the floodwaters and flows of any river or stream of a 100-year flood.

   FRONTAGE. The distance between the two side lot lines as measured along the front building line, also called LOT WIDTH .

   GAME ROOM. Any place of business that operates four or more mechanical games or pay devices (excluding vending machines and photo laminating machines) for which charge is made, either directly or indirectly.

   GARAGE, PRIVATE. A building or a portion of a building in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.

   GROSS FLOOR AREA. The total floor area of a building including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts, and excluding separate service facilities outside the main building such as boiler rooms, and maintenance shops.

   GROUP HOME. A facility providing 24-hour supervision for the custodial care of physically or developmentally disabled children and adults but not including family care homes as provided from in G.S. § 168-23. Group homes may include supervised living facilities and residential treatment facilities that primarily provide therapy for juveniles adjudicated as delinquent. All applications for permit shall be accompanied by a map showing the nearest existing group homes, with certification that the proposed group home will be located no closer to them than one mile.

   GROUP HOUSING DEVELOPMENT. One or more residential structures designed for multi-family usage on a single plot, a townhouse residential development, or a unit ownership residential development. Also called a PLANNED UNIT DEVELOPMENT .

   GROUP NONRESIDENTIAL DEVELOPMENT. A group of two or more principal structures built on a single lot, tract or parcel of land and designed for occupancy by separate firms, businesses or other nonresidential enterprises. Also called a PLANNED UNIT DEVELOPMENT .

   HOTEL (MOTEL). A building or other structure kept, used, maintained, 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 which may have dining facilities in the same building.

   INTERNET SWEEPSTAKES. For profit business enterprise, whether as a principal 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 term includes, but is not limited to internet cafes, internet sweepstakes, beach sweepstakes or cybercafes. This does not include any lottery approved by the State of North Carolina or any business enterprise that conducts the foregoing activity for less than ten hours per week.

   JUNK. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

   JUNKYARD. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials or machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

   JUVENILE ADJUDICATED AS DELINQUENT. A minor, less than 18 years of age, who has, through the criminal justice system, been determined to have committed offenses or violations of law. Such persons may be subject to, or court ordered to participate in, varying degrees of therapy, treatment, or behavior modification, including specialized living situations and/or incarceration.

   KENNEL. Any person, partnership or corporation currently licensed by the State Department of Agriculture and engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and/or cats.

   LOADING AREA. A completely off-street space or berth on the same lot as a business or industry for the loading or unloading of freight carriers with ingress and egress to a public street.

   LOT. A parcel or plot of land occupied or intended for occupancy by a structure or group of structures together with any accessory structures or uses including the open space required under this chapter.

      (1)   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.

      (2)   DOUBLE-FRONTAGE LOT. A lot of the same depth as the width of a block containing two tiers of lots, and which is accessible from both of the streets upon which it fronts.

      (3)   INTERIOR LOT. A lot other than a corner lot.

      (4)   LOT DEPTH. The mean distance between the front and rear lot lines.

      (5)   LOT LINE. A line dividing one parcel of property from another parcel of property or from a street right-of-way.

         (a)   FRONT LOT LINE. The street right-of-way boundary at the front of the lot. That is, the line which separates the lot from the street right-of-way at the front of the lot.

         (b)   REAR LOT LINE. That line of a lot which is opposite and farthest, on average, from the front lot line. Where a lot abuts a street along the rear of the lot, the rear lot line shall be deemed to coincide with the street right-of-way boundary.

         (c)   SIDE LOT LINE. Any lot line which meets an end of a front lot line. Where a lot abuts a street along the side of a lot, the side lot line shall be deemed to coincide with the street right-of-way boundary.

      (6)   LOT OF RECORD. A lot which is 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 so recorded.

      (7)   LOT WIDTH. The distance between side lot lines measured at the front building line.

   MANUFACTURED HOME. A dwelling unit that is not constructed in accordance with the standards of the State Uniform Residential Building Code for One- and Two-Family Dwellings, is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the homesite in its own chassis, and exceeds 40 feet in length and 8 feet in width.

      (1)   CLASS A MANUFACTURED HOME. A manufactured home constructed after July 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, with length measured along the longest axis and width measured at the narrowest part of the other axis.

         (b)   The manufactured home has a minimum of 1,000 square feet of enclosed heated living area.

         (c)   The pitch of the roof of the manufactured home has a minimum vertical rise of 2.2 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, whose reflectivity does not exceed that 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 manufactured home is set up in accordance with the standards set by the State Department of Insurance.

         (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, and 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.

         (i)   It is the intent of these criteria to insure that a CLASS A MANUFACTURED HOME , when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

      (2)   CLASS B MANUFACTURED HOME. A manufactured home constructed after July 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, but which does not meet the definition of a class A manufactured home. The following criteria must also be satisfied:

         (a)   The manufactured home is set up in accordance with the standards set by the State Department of Insurance.

         (b)   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, and attached firmly to the primary structure and anchored securely to the ground.

         (c)   The moving hitch, wheels and axles, and transporting lights have been removed.

   MANUFACTURED HOME PARK. Land used or intended to be used for occupancy by manufactured homes used as living quarters designed and operated in accordance with the applicable provisions of this chapter. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for purpose of inspection and sale.

   MANUFACTURED HOME SALES. A properly licensed business engaged in the sale of manufactured homes.

   MANUFACTURED HOME SPACE. Any parcel of ground within a manufactured home park designed for the exclusive use of one manufactured home.

   MARQUEE. Any permanent rooflike structures projecting beyond a building or extending along and projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

   MEDICAL/INFECTIOUS WASTE INCINERATOR. A facility used to incinerate plastics, special waste, and waste containing pathogens or biologically active material, which because of its type, concentration, and quantity, is capable of transmitting disease to persons exposed to the waste.

   MODULAR HOME. A dwelling unit constructed in accordance with the construction standards of the State Uniform Residential Building Code for One- and Two-Family Dwellings, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation.

   NONCONFORMANCE. Any use, structure, lot or sign which does not conform to the regulations of this chapter either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter.

   NONCONFORMING LOT. A lot which does not conform to the provisions of this chapter.

   NONCONFORMING SIGN. A sign which does not conform to the provisions of this chapter.

   NONCONFORMING STRUCTURE. A structure which does not conform to the height, bulk or setback standards set forth in this chapter or which does not meet the requirements for the type of structure allowed.

   NONCONFORMING USE. Any use of building or land which does not conform to the use regulations of this chapter for the district in which it is located.

   OBSTRUCTION. Any structure, fence, shrub, bush, tree, flower, plant, motor vehicle or any other object that obscures, impairs, or prevents view or sight through, over or across the CLEAR VISION AREA as herein defined.

   OPEN STORAGE. Any unroofed storage area, whether fenced or not.

   PARKING SPACE. A space for the parking of a motor vehicle within a public or private parking area.

   PAWN SHOP. An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

   PHYSICALLY DISABLED PERSON. A person with any physical impairment that substantially limits one or more of such person's major life activities. Such impairments may include, but are not limited to, any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine.

   PICKET STYLE FENCES. A style of fence that is constructed of vertical slats spaced at regular intervals along horizontal supporting members.

   PLANNING BOARD. The Planning Board of the Town of Spencer.

   PREDEVELOPMENT. Refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted for the plan approval. See site grading (§ 155.073(B)(6)).

   PRINCIPAL USE. The primary purpose or function that a lot serves or is intended to serve. If certain, demarcated criteria are met, multiple uses may be permitted on certain lots zoned business (NB, HB, CB). See § 155.062 Multiple Permitted Uses.

   PRIVATE SWIMMING POOL. Any structure that contains water over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing in connection with an occupancy in a residential use district and is available only to the family and guests of the householder. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

   PROFESSIONAL OFFICES. An office establishment which employs at least one professional, typically possessing a certification in his or her field, issued through a licensing agency.

   PROJECT REVIEW COMMITTEE. A staff review committee consisting of the Town Manager, Town Planner, Zoning Officer, Superintendent of Public Works, Police Chief, Fire Marshal and when necessary a representative of the County Health Department.

   PUBLIC SERVICE CORPORATION. Any privately-owned entity which provides electricity, natural gas, telephone service or cable TV to the general public.

   PUBLIC SEWAGE DISPOSAL SYSTEM. A single system of sewage collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality or a public assembly.

   PUBLIC UTILITIES. Water and sewer production plants and distribution systems owned by a government agency.

   PUBLIC WATER SUPPLY. Any water system so defined and regulated by the state statutes.

   RACETRACK. A closed course designed for speed competition between vehicles or for vehicular time trials.

      (1)   DRAG STRIP.  A straight line RACETRACK designed for acceleration contests between vehicles.

      (2)   GO KART TRACK. A RACETRACK designed for miniature open-wheeled four wheeled racing vehicles, each having a maximum height of 50 inches, a maximum length of 88 inches, a maximum wheelbase of 56 inches and a maximum engine displacement of 253 cc. This definition shall include but not be limited to quarter midget racecars sanctioned by the "Quarter Midgets of America" and go karts sanctioned by the "World Karting Association".

      (3)   MOTOR SPEEDWAY OPERATION.  Any other closed-circuit RACETRACK adhering to standards set forth by a professional sanctioning body, including but not limited to the Sports Car Club of America (SCCA) or other such official, sanctioning bodies.

   Where any standard within town ordinances conflicts with standards set forth within such sanctioning bodies, the standards of greater restriction shall prevail.

   RACETRACK, COUNTRY CLUB. A RACETRACK that incorporates residential uses into its overall site design. Any existing RACETRACK proposed for change to a country club RACETRACK must file for permit under a new and separate application.

   RECREATION FACILITIES, INDOOR. Uses or structures for active recreation including gymnasiums, natatoriums, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definitions is inclusive of both non-profit and for-profit operations.

   RECREATIONAL VEHICLE DEALER. A properly licensed business engaged in the sale of recreational vehicles.

   RECYCLING. The process by which recovered resources are transformed into new products so that the original products lose their identity.

   RESIDENTIAL TREATMENT FACILITY. A facility that primarily provides 24-hour supervision and Level I, II or III therapeutic treatment as licensed by the North Carolina Department of Health and Human Services for adults and children with behavioral disorders, or juveniles adjudicated in a court of law as delinquent. Residential treatment facilities are allowed by Conditional Use Permit in residential districts provided the following requirements are met. In addition to satisfying the prescribed requirements and criteria for Conditional Use Permit, the following documentation must also be shown for the application to be considered complete:

      (1)   The proposed facility is located no less than one mile from any existing Residential Treatment Facility.

      (2)   Licensure of the applicant. If unlicensed, the applicant shall have the ability to obtain documentation showing that he or she is in the process of obtaining, a license from the North Carolina Department of Health and Human Services.

      (3)   Empirical data demonstrating a need for the facility.

      (4)   The facility shall house no more than six clients.

      (5)   The status of residents for which the facility is to provide treatment (i.e. "the facility is intended to provide treatment for juveniles adjudicated as delinquent", etc.).

      (6)   Provision for one parking space for each six patient beds, one for each staff or visiting doctor, and one space for each four employees.

      (7)   The Conditional Use Permit shall be revocable with the loss of state licensure, or if the property is vacated or its use discontinued - regardless of the intent of the owner - for greater than 180 days. The licensee shall apply for a review before the Board of Adjustment at least 30 days prior to any proposed change in the management or operation of the facility. If the Board deems that the change will substantially alter the impact of the treatment facility on surrounding properties, or that any of the original conditions are not met by the proposed management or operation, then the Board shall make such findings in an amendment, repeal or issuance of a new Conditional Use Permit, as applicable.

   RESOURCE RECOVERY. The process of obtaining material or energy resources from discarded solid waste which no longer has any useful life in its present form and preparing such solid waste for recycling.

   REST HOME. An establishment that provides housing and general care for the aged or the convalescent.

   RESTAURANT. A commercial establishment where food is prepared and served for public consumption.

   RETAIL BUSINESS. An establishment selling commodities to consumers.

   RETAIL SERVICE. An establishment providing tangible services for immediate use to the consumer.

   SCREEN. A wall, fence or a planted strip composed of deciduous or evergreen trees, or a mixture of trees and dense shrubs.

   SELF-CONTAINED TRAVEL TRAILER. A travel trailer which may operate independently of connections to electricity, water and sewer for a limited period of time having its own battery or LP gas system or both, to operate lights, refrigerator, stove and heater, and having a water tank with a pressure system, and having a toilet with a holding tank.

   SERVICE STATION. A building or lot dedicated to the rendering of services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles, excluding body working, overhauling and painting.

   SETBACK. The required distance between any structure and the applicable lot lines (front, rear and side) of the lot on which the structure is located.

   SHOPPING CENTER. A group of commercial establishments which are planned and developed and owned or managed as a unit with off-street parking provided on the premises.

   SIGHT TRIANGLE. A triangular area abutting two intersecting streets or the intersection of a street and a driveway, where vision shall be unobstructed. The sight triangle is formed by a line connecting the points along the intersecting street lines which represent the distance from the intersection of the unobstructed vision.

   SIGN AREA. The area 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.

   SIGNS. Any form of publicity visible from any public street directing attention to an individual activity, business, service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter designed to convey the information and displayed by means of bills, panels, posters, paints or other devices erected on open framework, or attached or otherwise applied to posts, stakes, poles, trees, buildings or other structures or supports.

      (1)   ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

      (2)   ATTACHED SIGN. Any sign physically attached to the principal or accessory structure on a lot.

      (3)   BANNER SIGN. Any sign consisting of paper, plastic, fabric or similar nonrigid material intended to be hung with or without frames. National flags or flags of political subdivisions shall not be considered banners for the purpose of this section.

      (4)   BENCH SIGN. A sign located on any part of the surface of a bench or seat.

      (5)   BILLBOARD. See OFF-PREMISES SIGN .

      (6)   BUSINESS SIGN. See ON-PREMISES SIGN .

      (7)   CANOPY SIGN. A sign suspended from or attached to the side, front or underside of a canopy or awning.

      (8)   CONSTRUCTION SIGN. A sign on the lot of a building to be constructed or under construction, alteration or repair, stating, but not limited to the purpose for which the building is intended, the names of the architects, engineers, contractors, developers, financiers or others involved, and the square footage of the structure or other pertinent data.

      (9)   CHANGEABLE COPY SIGN. A sign designed so that characters, letters, or illustrations can be rearranged without altering the face, surface size or shape of the sign.

      (10)   DIRECTORY SIGN. A sign on which the names and locations of occupants or the use of a building is given.

      (11)   EMERGENCY/WARNING SIGN. A sign warning the public of a danger to public health and safety.

      (12)   FLAG. A usually rectangular piece of fabric of distinctive design that is used as a symbol of a nation, political subdivision or private charitable, religious or public organization.

      (13)   FLASHING SIGN. A sign which displays flashing, blinking, or intermittent light of changing intensity.

      (14)   FREESTANDING SIGN. A sign which is supported from the ground and which is wholly independent of any other structure for support.

      (15)   GASOLINE PRICE SIGN. A sign which is displayed at a service station and announces the price of motor fuel or kerosene.

      (16)   GASOLINE PUMP SIGN. A sign which is displayed on the pump or pump island and announces the brand, grade of motor fuel or kerosene and/or whether or not the pump or island is self-service or full service.

      (17)   HOLIDAY DECORATIONS. Decorations associated with holiday seasons.

      (18)   HOME OCCUPATION SIGN. A sign identifying a permitted home occupation conducted on the premises of the dwelling unit occupied by the operator of the home occupation.

      (19)   ILLUMINATED SIGN. A sign internally or externally illuminated in any manner by an artificial light source.

      (20)   INDUSTRIAL DIRECTION SIGN. A sign giving directions to an industrial or commercial site and which contains only an arrow and the name of the business or industry.

      (21)   INSTITUTIONAL SIGN. A sign denoting the name of and service provided by a public, religious or charitable institution.

      (22)   INTEGRAL SIGN. A memorial sign or tablet indicating the name of a building and/or the date of erection and cut into masonry or constructed of bronze, brass, iron or other incombustible materials and mounted on the face of a building.

      (23)   LOCAL INTEREST SIGN. A sign of a temporary nature used to advertise or announce a particular event of normally local concern.

      (24)   NO LOITERING SIGN/NO TRESPASSING SIGN. A sign which is placed to inform the public of regulations relating to the specific property on which the sign is located.

      (25)   OCCUPANT/STREET NUMBER SIGN. A sign bearing only the name of the principal occupant of a residence and/or the street number of a structure.

      (26)   OFF-PREMISES SIGN. A sign which advertises or publicizes a product, service or event not available or not occurring on the premises or lot upon which the sign is located.

      (27)   ON-PREMISES SIGN. A sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where the sign is located or to which it is attached.

      (28)   PAINTED WALL SIGN. A sign painted directly on the wall of a structure.

      (29)   PERMANENT SIGN. A sign erected, located or affixed in a manner enabling continued use of the sign for a relatively long, unspecified period of time.

      (30)   POLITICAL CAMPAIGN SIGN. A sign pertaining to a candidate for public office or to a political party and/or its views and beliefs.

      (31)   PORTABLE SIGN. A sign mounted on wheels, a trailer, truck bed, A-frame or any other device capable of being readily moved from one location to another.

      (32)   PROFESSIONAL NAMEPLATE. A sign on a commercial or professional building or structure bearing only the name and/or profession of the occupant.

      (33)   PROJECTING SIGN. A sign attached perpendicular to a building wall.

      (34)   PUBLIC SERVICE SIGN. A sign directing the public to a public facility, such as a public telephone, restroom, hospital, school, historic or scenic place.

      (35)   PUBLIC SIGN. A sign erected by a government agency.

      (36)   REAL ESTATE SIGN. A sign offering for sale, lease, or rent the property upon which the sign is located.

      (37)   ROOF SIGN. A sign erected, constructed or displayed in whole or in part upon or over the roof of a building.

      (38)   SIGNBOARD. A specific background upon which symbols are affixed or the smallest rectangle which would completely enclose all parts of the sign.

      (39)   SPECIAL EVENT SIGN. A sign erected on the premises of an establishment having a grand opening or special event, including a yard sale.

      (40)   SUBDIVISION OR TRACT NAME SIGN. A sign located on a subdivision or tract and identifying the name of the subdivision or tract.

      (41)   TEMPORARY SIGN. A sign intended to be displayed for a short period of time.

      (42)   TIME AND TEMPERATURE SIGN. An illuminated sign which displays time and/or temperature by means of a light display.

      (43)   TRAFFIC DIRECTIONAL SIGN. A sign directing vehicular traffic movement within the property on which the sign is located.

      (44)   WALL SIGN. A sign attached parallel to the face of a building wall and confined within the limits of the wall.

      (45)   WIND ACTIVATED SIGN. A sign, balloon, streamer, pennant, placard, propeller or other device designed to attract attention to an activity through sign movement caused by wind.

      (46)   WINDOW SIGN. A sign mounted on or attached to a window and visible from a public street or right-of-way.

   SOLAR ENERGY SYSTEM (SES). The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. A system fits into one of three system types: Level 1 SES, Level 2 SES, and Level 3 SES. See § 155.054 for dimensional requirements and setbacks and § 155.077 for development requirements.

      (1)   LEVEL 1 SOLAR ENERGY SYSTEM. Level 1 SESs include the following:

         (a)   Roof-mounted on any code-compliant structure.

         (b)   Ground-mounted on an area of up to 50% of the footprint of the primary structure on the parcel but no more than one acre.

         (c)   Covering permanent parking lot and other hardscape areas.

         (d)   Building integrated solar (i.e. shingle, hanging solar, canopy and the like).

      (2)   LEVEL 2 SOLAR ENERGY SYSTEM. Level 2 SESs are ground-mounted systems not included in Level 1 that meet the area restriction below:

         (a)   Residential Low/Medium/High Density: SES ≤ 1/2 acre

         (b)   Commercial (HB & IB): SES ≤ 10 acres

         (c)   Light/Heavy Industrial: SES of any size

      (3)   LEVEL 3 SOLAR ENERGY SYSTEM. Level 3 SESs are systems that do not satisfy the parameters for a Level 1 or Level 2 Solar Energy System.

   STORY. That portion of a principal building included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement is not counted as a story.

   STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties. The following classifications shall apply:

      (1)   ARTERIAL.  A street serving major metropolitan activity centers, interconnecting and augmenting the thoroughfare system and carrying trips of moderate lengths.

      (2)   COLLECTOR STREET. A street penetrating residential, commercial and industrial areas that collects traffic from local streets and channels it into the arterial and thoroughfare system.

      (3)   CUL-DE-SAC.  A street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.

      (4)   INTERSTATE. Any of a system of major thoroughfares of, connecting, or existing between two or more states.

      (5)   LOCAL STREET.  A street providing direct access to abutting land where through traffic is deliberately discouraged and trip length is short.

      (6)   MARGINAL ACCESS/FRONTAGE.  A minor street which parallels and is adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic.

      (7)   PRIVATE STREET.  A privately owned and maintained street which provides the principal means of vehicular access to abutting properties.

      (8)   SERVICE ROAD.  A street that runs parallel to a principal arterial or interstate and provides indirect access to and from properties or facilities abutting the principal arterial or interstate via an interchange.

      (9)   STREET RIGHT-OF-WAY LINE. The street right-of-way boundary; that is, the line which separates the street from the lot.

      (10)   THOROUGHFARE.  A traffic artery designed primarily to carry heavy volumes of through vehicular traffic.

   STRUCTURE. Any object constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to an object having more or less permanent location on the ground.

      (1)   PRINCIPAL STRUCTURE. A building in which is conducted the main or principal use of the lot on which the building is situated.

      (2)   TEMPORARY STRUCTURE. A structure intended for temporary offices, headquarters, residence, classrooms and the like on the same lot or tract of land being used or developed for a directly related permanent use.

   SUPERVISED LIVING FACILITY. A facility providing a structured living environment for developmentally disabled adults or children within the context of a residential setting. Supervision may vary from full time to part time depending on the severity of the developmental disability.

   TECHNICAL REVIEW COMMITTEE. A staff review committee consisting of the Town Manager, Town Planner, Zoning Officer, Superintendent of Public Works and others as deemed necessary. This Committee evaluates project applications of a nature that doesn’t require the full staff of the Project Review Committee, to insure compatibility with surrounding land uses and to promote the general welfare of the town.

   TELECOMMUNICATIONS TOWER. A structure, facility or location designed, or intended to be used as, or used to support antennae, as well as antennae or any functional equivalent equipment used to transmit or receive signals. It includes without limit, freestanding towers, monopoloes and similar structures that employ camouflage technology that is intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services, or microwave telecommunications, but excluding those used exclusively for fire, police and other town-owned services or facilities, or exclusively for private radio and television reception and private citizen’s bands, amateur radio and other similar telecommunications.

   TOWN BOARD. The Town Board of Aldermen of Spencer, North Carolina.

   TOWNHOUSE. A single-family dwelling unit in a row of at least three single-family dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more fire resistant walls.

   TRACT. An area, parcel, site, piece of land or property which is the subject of a development application.

   TRAILER, CAMPER (RECREATIONAL VEHICLE). A vehicle with or without its own motor power, equipped or used for recreational purposes and mounted on wheels or designed to be so mounted and transported.

   USE. The purpose or activity for which a piece of land or its structures is designed, arranged or intended, or for which it is occupied or maintained.

      (1)   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.

      (2)   PRINCIPAL USE. The main use of land or structures on a lot, as distinguished from an accessory use.

   VARIANCE. A modification of this chapter which is not contrary to the public interest, where strict enforcement of this chapter would cause undue hardship to the applicant because of circumstances unique to the individual property, and not caused by the owner or applicant, on which the variance is granted.

   VEGETATION. All plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.

   VIDEO SALES AND RENTAL. A commercial establishment offering for sale or rent video cassettes, video reproductions, photographs, films, motion pictures, slides, or other visual representations. Adult video stores are separately defined and regulated under Adult Establishments.

   WATERSHED. An area in which natural ridge lines form the outer perimeter of a basin which diverts rainfall and natural drainage into streams or rivers which in turn drain to lower elevation. When the watersheds contain class I and II reservoirs, the areas are regulated by the Rules and Regulations for the Protection of Public Water Supplies as adopted by the State Board of Health.

   YARD. A space on the same lot with a principal building which is open, unoccupied and unobstructed by structures from ground to sky except where encroachments and accessory structures are expressly permitted under this chapter.

      (1)   FRONT YARD. A yard extending the full width of the lot, situated between the front lot line and a line parallel thereto passing through the nearest point of the principal structure.

      (2)   REAR YARD. A yard extending the full width of the lot, situated between the rear lot line and a line parallel thereto passing through the nearest point of the principal structure.

      (3)   SIDE YARD. A yard situated between the side lot line and a line parallel thereto passing through the nearest point to the principal structure and extending from the front yard to the rear yard.

   ZONING ENFORCEMENT OFFICER. An official of or person designated by the town charged with enforcing this chapter.

(`94 Code, App. C, Art. IV, § 3) (Am. Ord. 01-13, passed 8-14-01; Am. Ord. 01-18, passed 11-13-01; Am. Ord. 01-19, passed 11-13-01; Am. Ord. 02-03, passed 10-8-02; Am. Ord. 02-04, passed 12-10-02; Am. Ord. 03-09, passed 5-13-03; Am. Ord. 03-12, passed 9-9-03; Am. Ord. 03-14, passed 10-14-03; Am. Ord. 05-04, passed 9-13-05; Am. Ord. 05-07, passed 12-13-05; Am. Ord. 06-10, passed 6-13-06; Am. Ord. 06-11, passed 7-11-06; Am. Ord. 07-01, passed 3-13-07; Am. Ord. 10-05, passed 4-13-10; Am. Ord. 10-10, passed 8-10-10; Am. Ord. 10-11, passed 8-10-10; Am. Ord. 11-01, passed 6-14-11; Am. Ord. 11-06, passed 8-9-11; Am. Ord. 12-01, passed 7-10-12; Am. Ord. 12-06, passed 12-11-12; Am. Ord. 14-02, passed 4-8-14; Am. Ord. 14-05, passed 5-13-14; Am. Ord. 14-12, passed 9-9-14)