Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ABUTTING. Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
ACCESSORY USE. A use commonly associated with the principal use of a parcel, which is incidental or insubstantial in and of itself or in relation to the principal use.
ADMINISTRATIVE OFFICIAL. The person that is charged with the enforcement of the zoning regulations.
ADULT CARE HOME.
(1) An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed ADULT CARE HOMES provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an ADULT CARE HOME may be administered by designated, trained staff. ADULT CARE HOMES that provide care to two to six unrelated residents are commonly called FAMILY CARE HOMES.
(G.S. § 131D-2.1; G.S. § 131D-20)
(2) ADULT CARE HOME as distinguished from a nursing home, means a facility operated as a part of a nursing home and which provides residential care for aged or disabled persons whose principal need is a home with the shelter or personal care their age or disability requires. Medical care in an ADULT CARE HOME is usually occasional or incidental, such as may be required in the home of any individual or family, but the administration of medication is supervised. Continuing planned medical and nursing care to meet the resident’s needs may be provided under the direct supervision of a physician, nurse or home health agency. ADULT CARE HOMES are to be distinguished from nursing homes subject to licensure under this part.
(G.S. § 131E-101)
(3) ADULT CARE HOME means a facility with seven or more beds licensed under G.S. Ch. 131D, Art. 1, Part 1 or G.S. Ch. 131E that provides residential care for aged or disabled persons whose principal need is a home which provides the supervision and personal care appropriate to their age and disability and for whom medical care is only occasional or incidental.
(G.S. § 131E-176)
ADULT DAY CARE FACILITY. A state certified facility that provides an organized program of services during the day in a community group setting for the purpose of supporting the personal independence of older adults and promoting their social, physical and emotional well-being.
ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.
ALTERATION. Any change, addition or modification in construction or occupancy of an existing structure.
ANIMAL BOARDING FACILITIES. A facility whose primary purpose is the boarding of household pets. This term includes animal kennels, which are commercial establishments where the grooming, boarding, training and selling of animals may be conducted, and animal shelters, which are typically governmental or nonprofit organizations devoted to the welfare, protection and humane treatment of animals. The term shall not be construed to include facilities where the boarding of animals is an incidental use, such as animal hospitals or clinics and pet stores.
ANTENNA. Equipment designed to transmit or receive electronic signals.
APPLICANT. A person who is responsible for any undertaking that requires a zoning permit, special use permit or sign permit.
ASSISTED LIVING RESIDENCE. Any group housing and services program for two or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. The department may allow nursing service exceptions on a case-by-case basis.
BOARD OF ADJUSTMENT. A quasi-judicial administrative body appointed by the Board of Commissioners that operates on a level between the Zoning Enforcement Officer and the courts. Statutory responsibilities include interpretation (hearing appeals, correcting errors and interpreting district boundaries), issuance of special use permits and the issuance of variances.
BOARDING HOUSE. Any dwelling in which more than three persons, either individually or as families, are lodged or housed for hire, with or without meals. A rooming house shall be considered a BOARDING HOUSE.
BUFFER. A human-made or natural screen that obstructs the view between two parcels or uses.
BUILDING. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including tents, trailers, mobile homes and similar structures, whether stationary or movable.
BUILDING, ACCESSORY. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.
BUILDING HEIGHT. The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of a building, excluding the outermost three feet of any uncovered porches, eaves, gutters and similar fixtures, and the street right-of-way line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as part of the main building and shall not project into the required yard.
CERTIFY. Whenever this chapter requires that an agency certify the existence of some fact or circumstance to the town, the town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification.
CHILD CARE HOME. A home for not more than nine orphaned, abandoned, dependent, abused or neglected children, together with not more than two adults who supervise such children, all of whom live together a single housekeeping unit.
CHILD CARE INSTITUTION. An institutional facility housing more than nine orphaned, abandoned, dependent, abused or neglected children.
CHILD DAY CARE FACILITY, STATE REGULATED. Any child day care arrangement that is subject to regulation by the North Carolina Department of Human Resources, Division of Child Development, or a successor agency, other than a child day care home.
CHILD DAY CARE HOME. Any child day care arrangement wherein any person not excluded in G.S. § 110-86(2) provides day care on a regular basis of at least once per week for more than four hours but less than 24 hours per day for more than two children under 13 years of age, but not to exceed a maximum of eight children at any one time. Of the children present at any one time, no more than five children shall be pre-school aged as defined by the North Carolina Child Day Care Commission, Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment are excluded.
CHURCH OR RELIGIOUS INSTITUTION, ESTABLISHED. This definition is solely for the purposes of determining the permitted location of a sexually oriented business. An ESTABLISHED CHURCH is a group of worshippers that call themselves a church, be visibly identifiable as a church (i.e., a sign), and that have been meeting on a regular basis in the same location/premises for at least one year.
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.
COMMISSIONERS. An elected official on the town’s governing board.
CONVENIENCE STORE. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only relatively few items (in contrast to a supermarket or grocery store). It is designed to attract and depends upon a large volume of stop and go traffic.
DEVELOPMENT STANDARD. That which is to be done pursuant to a zoning permit, special use permit or sign permit.
DISTRICT. Any section of the town in which zoning regulations are uniform.
DWELLING UNIT (DUPLEX). A residential building designed or arranged to be occupied by two families living independently of each other.
DWELLING UNIT (MULTI-FAMILY). A building or portion thereof used for or designed as a residence for three or more families living independently of each other, including apartment houses and group housing.
DWELLING UNIT (SINGLE-FAMILY). A building for, or occupied exclusively by one family.
EASEMENT. The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
FACADE. The exterior wall of a building exposed to public view or that wall viewed by the persons not within the building.
FAMILY. Any number of individuals living together as a single housekeeping unit.
FAMILY CARE HOME. As defined in G.S. § 160D-907, a home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities. PERSON WITH DISABILITIES means a person with a temporary or permanent physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.
FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimension of the building at each floor level intended for occupancy or storage.
FRONT BUILDING LINE. A straight line running between the two corners of a building side facing the street frontage. Used for siting accessory structures.
GARAGE, PRIVATE. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
HABITABLE FLOOR. Any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage is not a HABITABLE FLOOR.
HALFWAY HOUSE. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.
HAZARDOUS SUBSTANCE. Any substance which may pose a danger to the public health or safety if contained in the public water supply. This includes all substances defined as hazardous chemicals by the community right to know reporting requirements under §§ 311 and 312 of the Superfund Amendments and Reauthorization Act of 1986, and by the North Carolina Hazardous Chemicals Right to Know Act (G.S. §§ 95-173 to 95-218).
HOME OCCUPATION. Any occupation carried on by a member of a family residing on the premises, employing no other than a resident of that home; provided, that no merchandise or commodity is sold on the premises, and provided further that not over 25% of the total actual floor area of any structure is used for home occupation; provided, further, that HOME OCCUPATIONS shall be confined to the main building on the lot or premises and no structure shall be constructed, reconstructed or altered to permit the extension of the home occupation outside the main building. The main building, for the purpose of this definition, shall include the primary living quarters of a residence, excluding porches, decks, garages or other connecting structures to a residence not essential to the main living quarters.
INDUSTRY, HEAVY. A use engaged in the basic processing of industrial materials or products predominately from extracted or raw materials, or use engaged in storage of, or industrial processes using flammable or explosive materials, or storage or industrial processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
INTERMEDIATE CARE HOME. A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
INTERMEDIATE CARE INSTITUTION. An institution facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
JUNK YARD. The use of more than 600 square feet of any lot or tract for the outdoor storage or sale of waste paper, rags, scrap metal or other junk, and including storage of motor vehicles and dismantling of such vehicles or machinery.
LOADING ZONE OR AREA. That portion of the vehicle accommodation area used to satisfy the requirements of § 155.186.
LOT. A parcel of land occupied or to be occupied by one main building or use, with its accessory buildings, and including the open spaces accessory to it. No area shall be counted as accessory to more than one main building or use, and no building or use shall be included or counted in the calculation of open space accessory to any other main building or use. LOT also means “plot” or “parcel”.
LOT AREA. The total area circumscribed by the boundaries of a lot, except that:
(1) When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street; and
(2) In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
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 the side lines in the rear.
LOT OF RECORD. A lot, which is a part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Rutherford County prior to the adoption of this chapter; or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
LOT WIDTH. The distance between side lot lines, measured at the building setback line.
MANUFACTURED (MOBILE) HOME. A structure, substantially assembled in a manufacturing plant that contains a certification label signifying the home meets or exceeds the U.S. Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards. The structure must also be transportable in one or more sections, which in the traveling mode is eight feet or more in width, or 40 feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling. This definition does not include recreational vehicles.
MANUFACTURED HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use. Such park includes land used or intended to be used, leased or rented for occupancy by five or more mobile homes which are mounted on wheels, anchored in place by a foundation or other stationary support to be used for living or commercial quarters of any kind, together with automobile parking space and incidental utility structures and facilities required and provided in connection therewith. This definition shall not include a mobile home sales lot on which unoccupied mobile homes are parked for purposes of inspection and sale.
MICRO-BREWERY. A commercial enterprise and/or related facility engaged in the production, sale and/or distribution of beer and other fermented malt beverages, as defined in G.S. § 18-101. It produces no more than 15,000 barrels per year. It shall include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other uses incidental to the brewery and open and accessible to the public.
MICRO-WINERY/CIDERY. A commercial enterprise and/or related facility engaged in the production, sale and/or distribution of wine, cider and other fermented fruit beverages, as defined in G.S. § 18-101. It produces no more than 100,000 gallons per year. It shall include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other uses incidental to the winery/cidery and open and accessible to the public.
MICRO-DISTILLERY. A commercial enterprise and/or related facility engaged in the production, sale and/or distribution of spirituous beverages, as defined in G.S. § 18-101. It produces no more than 50,000 proof gallons per year. It shall include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other uses incidental to the distillery and open and accessible to the public.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the state building code applicable to site built homes 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 sections transported to the site in a manner similar to a mobile home (except that the modular home meets the state building code applicable to site built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.
MOTEL or HOTEL. A building used for transit occupancy whether it is a detached, semi-detached or multiple unit building. A MOTEL or HOTEL provides temporary housing for transient visitors with off-street parking, and incidental accessory or utility uses which are provided in connection therewith.
MURAL. A hand-painted visual image on the exterior wall of a building that is a one-of-a-kind piece of original artwork, and that does not convey a commercial message. For purposes of this definition, a commercial message shall include any depiction of a trademark, service-mark or other distinctive mark or image associated with a specific business, product or service, as well as any form of advertisement or any image or lettering that otherwise specifically identifies or promotes a business or commercial enterprise of any kind by name, product or service provided, or that in any way relates to the operation of such business or commercial enterprise. Except as may be expressly set forth in this chapter, MURALS shall be subject to all requirements for signs contained in this chapter, specifically including, but not limited to, § 155.204 of this chapter, signs expressly prohibited, as well as the requirements of the Historic Preservation Commission, as applicable.
NONCONFORMING LOT. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a NONCONFORMING USE.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a NONCONFORMING USE.)
NURSING CARE HOME. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons.
NURSING CARE INSTITUTION. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.
OUTSIDE DISPLAY OF GOODS FOR SALE OR RENT. Display outside of a fully enclosed building of the particular goods or pieces of merchandise or equipment that are themselves for sale. OUTSIDE DISPLAY is to be distinguished from outside storage of goods that are not prepared and displayed for immediate sale or rent.
PARCEL. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
PLANNED UNIT DEVELOPMENT. A group of two or more structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which will not be so subdivided, yet as designed for occupancy by separate families, firms or organizations, the Planning Board may approve such developments if they would not be out of harmony with their surroundings.
PLANNING BOARD. An official body appointed by the governing board of a jurisdiction (such as town, city or county) that is responsible for producing the comprehensive plan (or land use plan), and also making recommendations to the governing body concerning zoning map amendments, zoning ordinance amendments, zoning decisions, subdivision regulations and on development proposals.
PLANNING JURISDICTION. The area within the city limits as well as the area beyond the city limits within which the town or city is authorized to plan for and regulate development.
PRINCIPAL USE. The main use of land or structures, as distinguished from a secondary or accessory use.
RECREATIONAL VEHICLE. A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the unit; a large enclosed piece of equipment with wheels designed to be moved from place to place for people to temporarily live in and be protected from the elements while away from their permanent domicile. This definition includes the terms MOTOR HOME, RV, CAMPER, TRAVEL TRAILER and the like.
SCHOOL, ESTABLISHED. This definition is solely for the purposes determining the permitted location of a sexually oriented business. An ESTABLISHED SCHOOL is a public elementary, public middle and/or public high school having similar curriculum and licensed child care givers, but not trade schools.
SERVICE STATION. Any building or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, lubricants or tires; except that indoor car washing, minor motor adjustment and flat tire repair are only performed incidental to the normal uses of a service station.
SEXUALLY ORIENTED BUSINESS. As defined in North Carolina Legislation § 14-202.10, numbers 1 through 11,
SPECIAL EVENTS. Circuses, fairs, carnivals, festivals or other types of special events that:
(1) Run longer than one day but not longer than two weeks;
(2) Are intended to or likely to attract substantial crowds; and
(3) Are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SPECIAL USE PERMIT. A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board of Adjustment.
STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attachment to something having more or less permanent location on the ground.
SUBDIVISION. The division of a tract of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets.
TOURIST HOME. Any dwelling occupied by the owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation.
TOWER. Any structure whose principal function is to support one or more antennas.
TRACT. A lot (see definition of LOT). The term TRACT is used interchangeably with the term lot, particularly in the context of subdivisions, where one TRACT is subdivided into several lots.
TRAVEL TRAILER. A structure that:
(1) Is intended to be transported over the streets and highways (either as a motor home vehicle (motor home) or attached to or hauled by a motor vehicle; and
(2) Is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.
USED or OCCUPIED. Include the words intended, designed or arranged to be used or occupied.
UTILITY FACILITY. Any above-ground structures or facilities (other than building, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation or any entity defined as a public entity for any purpose by state law and used in connection with the production, generation, transmission, delivery, collection or storage of water, electricity, gas, oil or electronic signals.
VARIANCE. A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he or she could not otherwise legally do.
YARD SALE. Also referred to as GARAGE SALE. A display and sale from a residence or residential property of personal property which has been previously used. The term YARD SALE or GARAGE SALE does not include the mere incidental sale of one or two items of personal property when such sale is not part of a general sale of a number of items of personal property.
YARDS.
(1) YARD (FRONT). An open space on the same lot with a main building, extending the full width of the lot and situated between the front line of the lot and the building setback line. Where there is no main building, the FRONT YARD shall be an open space of at least 25 feet in depth.
(2) YARD (REAR). A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Minimum REAR YARD for a vacant lot shall be considered as being 20 feet in width, measured from the rear line of the lot.
(3) YARD (SIDE). An unoccupied space on the same lot with a main building situated between the side line of the building and the adjacent side line of the lot, and extending from the rear line of the front yard, the front boundary of the SIDE YARD shall be the front line of the lot and if there be no rear yard, the rear boundary of the SIDE YARD shall be the rear line of the lot. There shall be a required minimum side yard of nine feet where no building exists.
ZONING PERMIT. A permit issued by the land use administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)