For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building, the use of which is purely incidental to that of the main building, on the same parcel.
ABUTTING PROPERTY. This term shall mean properties that are contiguous or abutting with the assumption that railroads, roads, and other rights-of-way do not exist.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in GS Ch. l60D or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property, and not intended for general traffic circulation.
ANIMAL UNITS. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations. One hundred animal units equates to 70 dairy cows, 100 beef cattle, 250 hogs, 50 horses, 1,000 sheep, 5,500 turkeys, 3,000 chickens with liquid manure systems, 10,000 chickens with continuous overflow waterers, or 500 ducks.
BEST MANAGEMENT PRACTICES (BMPs). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
BILLBOARD. Any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from such display. (See definition of SIGN below).
BOARD OF ADJUSTMENT. A Board composed of residents of the town empowered to hear appeals from decisions of the Zoning Administrator and grant minor variances from provisions of this chapter.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, HEIGHT OF. 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, or 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 INSPECTOR. The officer or other designated authority charged with the administration and enforcement of the Building Code, or his or her duly authorized representative or agent.
BUILDING LINE. A line which establishes the minimum allowable horizontal distance between the lot line and the nearest portion of any structure on the lot.
BUILT-UPON AREA (IMPERVIOUS AREA). Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), and the like. (Note: wooden slatted decks and the water area of a swimming pool are considered pervious.)
BUFFER (WATERSHED). An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized, and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
CELLAR. A story having more than 40% of its height below the average level of the abutting ground. A CELLAR shall not be counted as a story for the purposes of height measurement.
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 non-residential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
DWELLING. A building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached building designed for occupancy exclusively for one family.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families living independently of each other.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development ordinance or regulation adopted under G.S. Ch. 160D.
(G.S. § 106G-120(16)).
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this chapter based on at least one of the following criteria:
(1) Substantial expenditures of resource (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(2) Possession of an outstanding valid building permit as authorized by the G.S. §§ 160D-102, 160D-108, and 160D-108.1; or
(3) Substantial expenditures of resources (time, labor, and money), and having an approved site specific or phased development plan in compliance with G.S. §§ 160D-102, 160D-108, and 160D-108.1.
FAMILY. One or more persons occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house or hotel.
GOVERNING BOARD. The Town Council.
GROUP-QUARTERS STRUCTURE. A building which houses a number of individuals or families who live semi-independently of each other. Examples of this type of use include fraternities, sororities, halfway houses, nursing or group care homes and dormitories.
HAZARDOUS MATERIAL. Any substance listed as such in: SARA § 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or § 311 of CWA (oil and hazardous substances).
HOME OCCUPATION. An occupation for gain or support conducted only by members of a family residing on the premises and in connection with which no more than one other person, not a resident of the premises, is employed. Such occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the floor area of the dwelling. Off-street parking shall be provided as set forth in §§ 151.105 and 151.106 of this chapter.
HOTEL and MOTEL. A building, or other structure which is used, kept 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, in which ten or more rooms are furnished for the accommodation of such guests.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity.
JUNKYARD. The use of more than 600 square feet of any lot for the storage of junk, including scrap metals, or other scrap materials or the dismantling or abandonment of automobiles or other vehicles or machinery.
LAND DEVELOPMENT PLAN. A long-range, comprehensive plan for the desirable use of land in the town which has been adopted by the Town Council, pursuant to G.S. § 160D-501. The purpose of the plan is to serve as a guide in the zoning of land, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as parks, public buildings, and streets.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Ch. 130A, Art. 9. For the purpose of this chapter this term does not include composting facilities.
LANDOWNER or OWNER. The holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under G.S. Ch. 160D or an applicable local act. The term also includes decisions to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Ch. 160D, Art. 10.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LOT. A parcel of land, not divided by streets, occupied or to be occupied by a building and its accessory buildings, or by a unified business or housing development and its accessory buildings, together with such open spaces as are required under the provisions of law, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
LOT, CORNER. A lot at the junction of and abutting upon two or more streets.
LOT, DEPTH OF. The average horizontal distance between the front and rear lot lines.
LOT, FRONT OF. The front of a lot shall be considered to be that side of the lot which fronts on a street. In the case of a corner lot the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street on which the greatest number of lots front, or if unplatted, on that street on which the greatest number of buildings have been erected.
LOT, INTERIOR. A lot other than a corner lot.
LOT, WIDTH OF. The average horizontal distance between the side lot lines.
MAJOR WATERSHED VARIANCE. A variance that would completely eliminate a management requirement or reduce a management requirement with a numerical standard by more than 10%.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained in it. MANUFACTURED HOME includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the U.S. Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1976.
(G.S. § 143-145(7))
MINOR WATERSHED VARIANCE. Any variance of the watershed regulations not considered a major one as defined above.
MOBILE HOME PARK. Any premises used or intended to be used to station mobile homes, containing ten mobile homes or more and consisting of at least two acres anchored in place or supported by a foundation or other stationary supports, together with automobile parking space, utility structures, and other required facilities incidental thereon. This definition shall not include mobile homes sales lots upon which unoccupied mobile homes are parked for purposes of inspection or sale.
MODULAR HOMES. A detached single-family residential building unit constructed in two or more modules and designed to be transported on flatbeds to the living site where it will be permanently attached to a foundation.
NON-CONFORMING USE. A building or land occupied by a use at the time this chapter is adopted that does not conform with the use regulations of the district in which it is situated.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture, and silviculture.
PLANNING BOARD. A Board appointed from residents of the town which reviews plans, recommends zoning changes, and performs other duties given to it by the Town Council.
PROTECTED AREA. The area adjoining and upstream of the critical area in a WS-IV Watershed. The boundaries are defined as ten miles upstream and draining to the intake located directly in the river.
QUASI-JUDICIAL DECISION. A decision made after an evidentiary hearing to gather competent, material, and substantial evidence in order to make findings of facts regarding a specific application of a development regulation. A quasi-judicial decision requires the exercise of discretion when applying the standards of the regulation. Quasi-judicial decisions include but are not limited to variances, special use permits, certificates of appropriateness, and appeals of administrative determinations as provided in G.S. § 160D-102(28).
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like, and their associated outbuildings such as garages, storage buildings, gazebos, and the like, and customary home occupations.
ROOMING HOUSE (GUEST HOME). Any dwelling occupied by the owner or operator in which fewer than ten guest rooms are let to individuals for compensation.
SIGN. An advertising or announcement device used to attract attention or to disseminate information. Sign restrictions in this chapter shall not apply to the following: traffic control devices; legal notices, non-commercial use of flags and insignia; mailbox numbers and names; house numbers and names; and noncommercial names of premises or occupants thereof, which have areas of one square foot or less.
SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site-plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRUCTURE. That which is built or constructed.
SUBDIVISION. The divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets as specified in G.S. § 160D-802.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological, malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
TRAVEL TRAILER. A towed or self-propelled vehicle designed to be moved frequently and to be a temporary residence for the occupant.
USE, PRINCIPAL PERMITTED. A use which is permitted outright in a district for which a building permit may be issued by the Zoning Administrator.
USE, SPECIAL. A use which is permitted in a district only if a permit therefore is expressly authorized by the Board of Adjustment.
VARIANCE. A modification of the dimensional requirements of this chapter by the Board of Adjustment when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted.
VESTED RIGHT. A right pursuant to G.S. §§ 160D-102, 160D-108, and 160D-108.1, to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or location within surface waters to fulfill its basic purposes, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boats' storage areas are not water dependent structures.
WATERSHEDS. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)
YARD, FRONT. An open, unoccupied 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 front line of the building.
YARD, REAR. An open space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building.
YARD, SIDE. A yard extending across the side of a lot, bounded by the rear yard line, the side property line, the front yard line and the side-line of a structure nearest the side property line on the same side of the lot. Width of required SIDE YARDS shall be measured along a line perpendicular to the side lot line.
ZONING ADMINISTRATOR. A person appointed by the Town Council to administer town ordinances, issue permits and do ordinance interpretation subject to appeal to the Board of Adjustment.
ZONING PERMIT. A permit issued by the Zoning Administrator which must be obtained prior to establishment of a use within any zoning district.
(Ord. passed 7-1-1980; Ord. passed 9-7-1993; Ord. passed 4-6-1999; Res. R-2021-03, passed 6-24-2021)