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.
ACCESS EASEMENT. An
which grants the right to cross property.
ACCESSORY STRUCTURE. A use or on the same
with, but of a nature customarily incidental and subordinate to the
or and which contributes to the comfort, convenience, or necessity of occupants, business, or industry in the
or use being served. No temporary
unit (as defined in § 152.016) shall be considered an
or . However, structures which have been manufactured to resemble permanent structures, such as
sheds, garden sheds, and similar structures shall be considered
or structures, even though they may be capable of being lifted or disassembled and removed from the property. There are no regulations on the number and/or location of accessory located on property used for
purposes.
ACCESSORY USE. A use incidental to and located on the same
as a
.
ADDITION IN FLOOD INSURANCE STUDY AREA (to an existing ). An extension or increase in the
or height of a or . Additions to existing shall comply with the requirements for
, unless (1) the addition, renovation, or reconstruction
to any that was constructed prior to the initial for that area, and (2) the addition, renovation, or reconstruction does not equal 50% of the present market value of the
. Where a fire wall is provided between the addition and the existing , the addition(s) shall be considered a separate and must comply with the standards for
.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of
s that involve the of facts and the application of objective standards. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an
.
ADMINISTRATOR. The Administrator for the Town of Swansboro or his designee. The or responsible for enforcement of the Unified Development Ordinance.
ADULT CARE HOME. An
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 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
.
ADULT ESTABLISHMENT Definitions.
(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of
or
.
(2) ADULT BOOKSTORE. An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of
or
; or 2) instruments, devices, or paraphernalia that are designed for use in connection with
.
(3) ADULT BUSINESS. Any business, activity, club, or other establishment which permits any employee, member, patron, or guest on its premises to exhibit any
before any other or .
(4) ADULT CABARET. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of
, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of
or
.
(5) ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of
or
.
(6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of
or by special sexual activities.
(7) MASSAGE. Manipulating of body muscles or tissues by rubbing, stroking, kneading, or tapping by hand or mechanical device and the masseuse typically exposes specific anatomical areas.
(8) MASSAGE, BUSINESS. Any establishment or business wherein
is practiced including establishments commonly known as health clubs, physical fitness centers, and
parlors where the masseuse typically exposes specific anatomical areas.
(9) SEXUAL ENCOUNTER ESTABLISHMENT. An establishment other than a
, or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more may congregate, associate, or consort in connection with
. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional licensed by the state engages in sexual therapy.
(10) SEXUALLY ORIENTED BUSINESS. Any business, activity, club, or other establishment, within which the exhibition, showing, rental, or sale of materials distinguished or characterized by an emphasis on material depicting, describing, or exhibiting
or relating to
is permitted. Regulated businesses shall include, but are not limited to:
,
,
,
.
,
parlors, and
are prohibited.
(11) SPECIFIED ANATOMICAL AREAS. As used herein, specified anatomical areas means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(12) SPECIFIED SEXUAL ACTIVITIES. As used herein, specified sexual activities means and includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in divisions (a) through (c) of this definition.
AGRICULTURAL - LIVESTOCK. The use of land for dairying, pasturage, animal and poultry husbandry, and the necessary
.
as defined by this chapter are excluded.
AGRICULTURAL - OTHER THAN LIVESTOCK. The use of land for the production of cash grains, field crops, vegetables, fruits and nuts, and for horticulture and floriculture.
AIRPORT. Any area of land which is used for landing and takeoff of aircraft, and appurtenant land or used or intended for airport buildings.
AIRPORT HAZARD. Any or object of natural growth located on or in the vicinity of a public
, or any use of land near such
, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such
or is otherwise hazardous to such landing or takeoff of aircraft.
ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the rear or side of properties otherwise abutting a .
ALTERATIONS. Shall include the following:
(1) Any addition to the height or depth of a ; and
(2) Any change in the location of any of the exterior walls of a .
AMUSEMENT.
(1) AMUSEMENT INDOOR. The provision of entertainment or games for the general public that is in a wholly enclosed , including but not limited to a movie theater, play house, music venue, bowling alley, roller or ice-rink, billards, pool and related amusements.
(2) AMUSEMENT OUTDOOR. Including but not limited to amphitheaters, driving ranges, miniature golf, water parks and amusement parks.
ANIMAL AQUACULTURE. A business primarily engaged in the farm raising of aquatic animals (except finfish and shellfish) including alligator, algae, frog, seaweed, or turtle production, and/or the farm raising of aquatic plants.
ANIMAL UNIT. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.
ANTENNA. Equipment designed to transmit or receive electronic signals.
APARTMENT. A room or unit of one or more rooms, each of which have kitchen facilities, and are designated or intended to be used, as an independent unit, on a rental basis.
APPROPRIATE SCREENING. Screening that is suitable to satisfy the purpose for which screening is intended.
APPROVAL AUTHORITY. The of the Town of Swansboro, the
, , or other board or official designated by this chapter as authorized to grant the specific zoning or land use permit or approval that constitutes a
.
AREAS OF ENVIRONMENTAL CONCERN (AEC). Areas of an environmentally sensitive nature designated by the North Carolina Coastal Resources Commission as required under the Coastal Area Management Act of 1974.
ASSEMBLY. A joining together of completely fabricated parts to create a finished product.
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 of Health and Human Services may allow nursing service exceptions on a case-by-case basis. Settings in which services are delivered may include self-contained
units or single or shared room units with private or area baths. Assisted living residences are to be distinguished from
subject to provisions of G.S. §131E-102. Effective October 1, 1995, there are two types of assisted living residences:
and group homes for developmentally disabled adults. Effective July 1, 1996, there is a third type,
.
AUCTION SALES. A public sale where items are sold one by one, each going to the last and highest of a series of competing bidders.
AUTOMOBILE GRAVEYARD. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, dismantled, or inoperable motor vehicles and which are currently not being restored to operation, regardless of length of time which individual motor vehicles are stored or kept at said establishment or place of business. All such businesses must be registered with the N.C. Department of Revenue.
AUTOMOBILE OFF-STREET PARKING (COMMERCIAL LOT). Any or premises, except a or premises described as a
, used for the
of motor vehicles for the public or private businesses.
AUTOMOBILE WASH or AUTOMATIC CAR WASH. A
on which motor vehicles are washed or waxed, either by the patron or by others, using machinery specifically designed for the purpose.
B&B/SELF-CONTAINED COTTAGE. Attracts guests who prefer greater privacy and seclusion. Cottages are often adjacent to a larger B&B or
. Such inns are often constructed in out of the way places where the
(s) itself is the primary attraction.
BED AND BREAKFAST ACCOMMODATIONS, AND INNS. A business containing guest rooms or suites designed and intended to be rented or hired out for short term lodging by paying guests and which may provide meals to such guests. BED AND BREAKFAST ACCOMMODATIONS AND INNS do not include
, healthcare facilities, boarding houses, group homes, halfway houses, hostels, rescue missions, personal or corporate guest homes,
, or
.
BELFRY. A belfry (also known as a bell tower) is a separate - or a part of a - in which bells are hung. Interior
shall consist of only those forms of access and safe standing areas essential to ringing and maintenance of the bells.
BEST MANAGEMENT PRACTICES (BMP). As it relates to stormwater plan, 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.
BLOCK. The land lying within an area bounded on all sides by , railroads, public , bodies of water, or a combination thereof.
BOARD OF ADJUSTMENT. A semi-judicial body composed of representatives from the Town of Swansboro and its
which is given certain powers under and relative to this chapter.
BOARD OF COMMISSIONERS. The governing body of the Town of Swansboro.
BOARDINGHOUSE. A rooming house or a which contains four or more rooms, each of which have no kitchen facilities, and are designed or intended to be used for residential occupancy on a rental basis.
BONA FIDE FARM.
(1) Includes the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. § 106-581.1 and § 160D-903.
(2) For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:
(a) A farm sales tax exemption certificate issued by the Department of Revenue;
(b) A copy of the property tax listing showing that the property is eligible for participation in the present-use value program pursuant to G.S. § 105-277.3;
(c) A copy of the farm owner’s or operator’s Schedule F from the owner’s or operator’s most recent federal income tax return; or
(d) A forest management plan.
BOTTLING PLANTS. A bottling company is a commercial enterprise whose output is the bottling of beverages for distribution. This may include franchisees of corporations who distribute the beverage in a specific geographic region and/or companies who also bottle other local beverages such as regional beers or wines.
BUFFER. An area of natural or planted
through which
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 and rivers.
BUFFER STRIP. A solid planted strip composed of deciduous and/or evergreen trees, or dense shrubs which is being established and maintained by the
.
BUILDABLE AREA. The portion of a
remaining after required have been made.
BUILDING, DETACHED. A having no party or common wall with another except an accessory .
BUILDING, FRONT OF. The linear length of facing a
or a legal private road.
BUILDING, HEIGHT OF. The vertical distance from
to the highest finished roof surface in the case of flat roofs or to a point from the average
around the (five feet out) to the highest roof mean height.
BUILDING LINE. A line located a minimum horizontal distance from the
line of a or property line parallel thereto between which no or parts of a may be erected, altered, or maintained except as otherwise provided herein.
BUILDING, MAIN. A in which the
of the
on which the is situated is conducted.
BUILDING MARKER. A sign indicating the name of a and data and incidental information about its construction, which sign is cut into a masonry surface, or made of bronze or other permanent material.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the
and the or highway
line when measured perpendicularly or radially thereto from the foundation wall. Covered patios, porches, and carports, whether enclosed or unenclosed, shall be considered as part of the
and shall not project into the
. Unenclosed, uncovered decks may project into the
up to 55% of the required
.
BUILDING SITE. Any
, or portion thereto, of a parcel of land upon which a or may be erected in conformance with the provisions contained herein.
BUILT-UPON AREA. Shall include that portion of a project that is covered by impervious or partially impervious cover including , pavement, gravel roads, recreation facilities (e.g., tennis courts), and the like. (Note: wooden slatted decks and the water area of a
are considered pervious.)
CALENDAR QUARTER. Each of the following time periods shall be deemed to be a “calendar quarter” for purposes of this chapter: January 1 through March 31, April 1 through June 30; July 1 through September 30; and October 1 through December 31.
CAMPGROUND SUBDIVISION. An area subdivided into for the temporary location of , campers, tents, or travel trailers but not for
and permanent structures.
CEMETERY, PUBLIC. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CERTIFICATE OF OCCUPANCY/COMPLIANCE. A statement signed by the setting forth that the , , or use complies with the zoning ordinance and any applicable construction codes, and that the same may be used for the purposes stated herein.
CIRCULATION AREA. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the
. Essentially,
and other maneuvering areas (other than
) comprise the circulation area.
CLEAR-CUTTING. The alteration and/or improvement of a site when it results in the removal of regulated trees in excess of 15 per acre and causes the loss of forestland.
CLOSE FAMILIAL RELATIONSHIP. A spouse, parent, child, brother, sister, grandparent, or grandchild. This term also includes step, half, and in-law relationships.
CLUSTER DEVELOPMENT. The grouping of in order to conserve land resources and provide for innovation in the design of the project. This term includes
as well as single-
residential subdivisions and multi-
that do not involve the of land.
CLUSTERED DETACHED SINGLE-FAMILY DWELLINGS. A
in which the
size may be reduced, but the unit is not attached to another unit.
CODE ENFORCEMENT OFFICIAL. The , official, and his authorized representatives, whom the Town have designated as their agents for the administration and enforcement of the town codes.
COLLECTOR STREET. A whose principal function is to carry traffic between
, local, and sub-collector , and of higher classification, but which may also provide direct access to abutting properties.
CO-LOCATION. The installation of wireless
or on, under, or within existing wireless towers, utility poles, water towers, buildings, and other structures. The term does not include the installation of new utility poles or wireless support structures.
COMMON AREA(S). All areas, including
, conveyed to an
within a , or owned on a proportional undivided basis in a
.
COMMUNITY. A group of people who live in the same area (such as a neighborhood). For the purposes of meeting the requirement of the community meetings before public hearing for a , the area shall be defined as a one mile radius from the center of the applicant’s proposed request.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass, and untreated wood collected from land clearing and landscaping operations are deposited.
COMPREHENSIVE PLAN. The comprehensive plan, CAMA land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and
that have been officially adopted by the
.
CONCEALED WIRELESS TELECOMMUNICATIONS FACILITY. A that is fabricated in a manner that aesthetically masks its appearance as a communication facility that is installed within or on an existing . Examples include church steeples, bell towers, light standard, signs, utility poles, flag poles,
, water tanks, and other structures which conceal telecommunication
and equipment from visibility. A communications tower shall not be considered a concealed wireless telecommunication facility.
CONDITIONAL ZONING DISTRICT (CZ). A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONDOMINIUM. A
unit in which the ownership of the occupancy rights to the
unit is individually owned or for sale to an individual and such ownership is not inclusive of any land.
CONSERVATION RESERVATION. The
of the
of land agrees that the land shall remain in a vegetated or natural state and that no use shall be made of the
that would be detrimental to drainage, control, water conservation, erosion control, or soil conservation. There shall be no dredging or removal of loam, peat soil, rock, or other mineral substances from the surface of the
, and the surface use shall remain intact for agricultural, forest, or outdoor recreational purposes only. Other than permanent structures necessary to further the use of said
for agriculture, forest, or outdoor recreational purposes, no , public road, sign, or
shall be allowed to remain above the ground. All surface use of said
shall be carried on in such a manner as to allow the land and water areas to remain predominantly in their natural state. This conservation
shall run with the land and shall be binding upon the grantee, its successors in title, and all subsequent
of this parcel of land.
CONTRACTOR, GENERAL. One who is engaged in one or more aspects of construction and/or land through a legal agreement.
CONTRACTOR, TRADES. One who accomplishes work or provides facilities under contract with another and specifically engages in a specialized trade, such as plumbing, heating, wiring, sheet metal, and roofing work, and the like.
CONVENIENCE STORE. A commercial establishment that is traditionally a corner grocery store; could include the sale of grocery items, includes the quick pick-up of milk and bread, and the like. Such a commercial establishment can also include the sale of gasoline, but not the repair of automobiles. Such an establishment shall be predominantly for the sale of grocery items and gasoline.
CORNER LOT. A
abutting upon two or more at their intersections.
COUNTRY CLUBS, PRIVATE OR PUBLIC. Establishments primarily engaged in operating golf courses (except miniature) and/or other recreational facilities that are known as country clubs. These establishments often provide food and beverage services, equipment rental services, and sports instruction services.
COUNTRY INN. A B&B Inn that serves at least one meal in addition to breakfast and operates a restaurant for guests and the public. COUNTRY INNS range in size from six to 30 rooms. Such inns are often constructed in out of the way places where the
itself is the primary attraction.
COURSE. A continuous horizontal layer of similarly-sized material one unit high, usually in a wall. The term is almost always used in conjunction with unit masonry such as brick, cut stone, or concrete masonry units (“concrete block”).
CRATING SERVICES. Establishments primarily engaged in packing, crating, and otherwise preparing goods for transportation.
CUL-DE-SAC. A with one end open to traffic and the other end of which is permanently terminated by a vehicular turnaround.
CUPOLA. A small ornamental , normally dome-shaped or spherical in shape, placed on the top of a larger roof or dome, primarily for the purpose of architectural embellishment. CUPOLAS may include “lanterns”, structures which have small windows to illuminate areas below.
CURTAIN WALL. A continuous, uniform foundation enclosure constructed of brick or concrete blocks and that is unpierced except for required ventilation and access.
CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a
and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the
for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25% of the total
space of any is used for the occupation. No
shall be conducted in any accessory except for the
and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, and the like.
DAY CARE FACILITY (CHILD/GROUP). Any child care arrangement that provides day care on a regular basis for more than four hours per day for more than five children aged 13 and younger at one
time. Child/group day care includes programs for children known as
, day nurseries, child care centers, play groups, day care centers for
age children, after
programs, infant day care centers, cooperative day care centers, and head start programs.
DAY CARE FACILITY (ADULT). The provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled. The following are exempt from this definition:
(1) Those that care for three people or less;
(2) Those that care for two or more
, all of whom are related by blood or marriage to the operator of the facility; and
(3) Those that are required by other statutes to be licensed by the Department of Health and Human Services.
DECISION-MAKING BOARD. A
, planning board, board of adjustment, historic district commission, or other board assigned to make s.
DEDICATION. A gift by the
, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.
DEMOLITION LANDFILL. A
that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes as approved by the North Carolina Division of Environmental Management, and permitted by that agency.
DETENTION FACILITIES. A facility approved to provide secure confinement and care for juveniles. Detention facilities include state and locally administered detention homes, centers, and facilities.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an
.
DEVELOPER. A
, including a governmental agency or redevelopment authority, who undertakes any
and who is the
of the property to be developed or who has been authorized by the
to undertake development on that property.
DEVELOPMENT. Unless the context clearly indicates otherwise, the term means any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure;
(2) The excavation, grading, filling, clearing, or alteration of land;
(3) The subdivision of land as defined in G.S. § 160D-802; or
(4) The initiation or substantial change in the use of land or the intensity of use of land.
DEVELOPMENT AGREEMENT. An agreement entered into between the and a
to better and manages
s for large scale, multiple-phase
to ensure their integration into local capital facilities programs. A DEVELOPMENT AGREEMENT is subject to the approval of a
.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, s, variances, and certificates of appropriateness. The term also includes all other regulatory approvals including plat approvals, permits issued, development agreements entered into, and building permits issued. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals attach to and run with the land.
DEVELOPMENT PLAN, PHASED. A plan which has been submitted to the town by a
for phased which shows the type and intensity of use for a specific parcel or parcels.
DEVELOPMENT PLAN, SITE SPECIFIC. A plan which has been submitted to the county by a
describing the type and intensity of the proposed land uses for a specific parcel or parcels of property.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code, or any other regulation,
or charter that regulates land use or development.
DIMENSIONAL NONCONFORMITY. A nonconforming situation that occurs when the height, size, or minimum
space of a or the relationship between an existing or and other or
does not conform to the regulations applicable to the district in which the property is located.
DISPLAY SURFACE AREA. Sign area which shall be measured by including the entire area that forms the extreme limits of the writing, representation, emblem, or other display, forming a square, rectangle, triangle, circle, or other shape as appropriate together with architectural details including the background and borders.
DISTRIBUTION CENTERS. A where a set of products is warehoused often with refrigeration which is stocked with products to redistribute to retailers or wholesalers.
DOCKS, PIERS (Commercially operated with or without launching facilities). A fixed or floating without launching facilities, including moorings, used for the purpose of berthing buoyant vessels on a commercial basis. A commercial dock may exist independently or as an incidental part of a marina, boat livery, or boat yard.
DOCKS, PIERS (Not commercially operated, with or without launching facilities). A fixed or floating , including moorings, used for the purpose of berthing buoyant vessels and which does not produce income, and does not serve as an inducement to renting, purchasing, or using accompanying facilities.
DRAINAGE EASEMENT. An
which grants the right of water drainage to pass in open channels or enclosed structures.
DRAINAGEWAY. Any natural or man-made channel that carries surface runoff from precipitation.
DRIVE-IN (eating or drinking facility). An establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverages from a vehicle.
DRIVEWAY. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
DWELLING. Any , ,
or mobile home, or part thereof, used and occupied for human habitation or intended to be so used. The term does not include any transient residence or if used solely for a seasonal vacation purpose.
DWELLING, FOUR FAMILY. A arranged or designed to be occupied by four
living independently from each other.
DWELLING, MULTIPLE FAMILY. A or portion thereof used or designed as residence of five or more
living independently of each other.
DWELLING, SINGLE FAMILY. A arranged or designed to be occupied by one
.
DWELLING, THREE FAMILY. A arranged or designed to be occupied by three
living independently from each other.
DWELLING, TOWNHOUSE. A single-
attached
situated on its own individual
, generally within a containing drives, walks, and
in common areas. Ownership is passed in fee-simple subject only to party wall rights by agreements set forth in the restrictive covenants.
DWELLING, TWO FAMILY. A arranged or designed to be occupied by two
living independently from each other.
EASEMENT. A grant by the property
for use by the public, a corporation, or (s) of a strip of land for specified purposes.
EASEMENT, EXCLUSIVE ACCESS. An
which serves only one single-
and its uninhabited . Exclusive
serve only without public water and sewer.
EFFECTIVE DATE OF THE ARTICLE. Whenever this chapter refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter as originally adopted.
ELECTRONIC GAMING OPERATIONS. A business activity or enterprise, whether a principal, partial, or
, in which people utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance (including sweepstakes), and in which cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by playing electronic games or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, cyber cafes, or electronic game parlors in which individuals normally gain access to games of chance, with prize distributions, through the purchase of internet time, telephone cards, or other means of qualification.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a required by a
.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a
under North Carolina zoning law as of the effective date of this chapter based on at least one of the following criteria:
(1) Substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or
(2) Having an outstanding valid permit as authorized by the General Statutes (G.S. §153A-344.1 and G.S. §160A-385.1); or
(3) Having expended substantial resources (time, labor, money) and having an approved
or
as authorized by the General Statutes (G.S. §153A-344.1 and G.S. §160A-385.1).
EXISTING LOT (LOT OF RECORD). A
which is part of a , a of which has been recorded in the office of the Onslow County Register of Deeds prior to the adoption of this chapter, or a
described by metes and bounds, the description of which has been so recorded with the Onslow County Register of Deeds.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the on which the
are to be affixed (including the installation of utilities, the construction of , and either final site grading or the pouring of concrete slabs).
EXTRATERRITORIAL JURISDICTION (ETJ). That portion of the Swansboro planning jurisdiction that lies outside of the corporate limits of the Town of Swansboro as allowed by G.S. §160A-360.
FABRICATION. The
and/or assemblage of various components into a complete or partially completed commodity. Fabrication related to stamping, cutting, or otherwise shaping the processed materials into useful objects. The refining aspects of manufacturing and other initial
of basic raw materials such as metal, ore, lumber, and rubber, and the like, are included.
FAÇADE. Generally one exterior side of a , usually, but not always, the front facing a
or
.
FALL ZONE. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
FAMILY. One or more , or groups of two or more , living together and interrelated by bonds of marriage or legal adoption occupying the whole part of a
as a separate housekeeping unit with a common and single set of culinary facilities. The thus constituting a FAMILY may also include two additional guests who occupy rooms for which compensation may or may not be paid. Any group of not so related but inhabiting a single housekeeping unit shall be considered to constitute one family for each five exclusive of domestic employees, contained as one group.
FAMILY CARE HOME. 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. As provided in G.S. § 160D-907, a person with disabilities is 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 does not include mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.
FAMILY FOSTER HOME. The private residence of one or more individuals who permanently reside as members of the household and who provide continuing full-time
for a child or children who are placed there by a child placing agency or who provide continuing full-time
for two or more children who are unrelated to the adult members of the household by blood, marriage, guardianship, or adoption.
FENCE (PROTECTIVE). A of wood, stone, brick, block, steel, or other metal extending from the surface of the ground to a minimum height of six feet, and of such materials and construction which creates a physical barrier (refer to § 152.196(E)).
FINE ARTS. Individual art pieces, not mass-produced, consisting of one or more of the following: paintings, drawings, etchings, sculptures, ceramics, inlays, needlework, knitting, weaving and/or craftwork of leather, wood, metal or glass.
FLEA MARKET. A commercial operation held on a regular periodic basis and patronized by individual entrepreneurs who transport a variety of merchandise to a common geographical area for the purpose of sale or trade to the general public. This definition does not include sporadic and infrequent
sales held in residential areas.
FLEXIBLE LOT DEVELOPMENT. A option utilized on an area of land under unified control, to be developed as a single entity for a number and variety of
and/or commercial units, according to a master plan which is approved at the time that a conditional zoning or a is obtained. In return for greater flexibility in site design requirements, FLEXIBLE LOT DEVELOPMENTS are expected to: deliver
designs that include items such as low impact design principles or other implementation that preserve environmental resources; provide above average
amenities, incorporate creative design in the layout of , open circulation; coordinate and unify design elements of the project, including materials, signage and architectural compatibility; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities and other infrastructure.
FLOOR. The top surface of an enclosed area in a (including ), e.g., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the
of a garage used solely for parking vehicles.
FLOOR AREA (GROSS). The sum of the gross horizontal areas of the several
of a measured from the exterior face of the exterior walls, or from the centerline of a wall separating two , but not including interior parking spaces/loading spaces for motor vehicles.
FLOOR AREA (NET). The total of all
areas of a , excluding stairwells and elevator shafts, utility and equipment rooms, restrooms, interior vehicular parking or loading, and when not used for human habitation or service to the public.
FOOD SALES, FOOD TRUCK. Sales of food and/or beverages from a mobile food truck, trailer, or other vehicle.
FOOD SALES, PUSH CART. Sales of ready-to-consume food and/or beverages, such as hotdogs, ice cream, soft drinks, and snacks, from a mobile push cart, capable of being propelled by a single and with no motorized self-propelled capability.
FOSTER CARE. The continuing provision of the essentials of daily living on a 24-hour basis for dependent, neglected, abused, abandoned, destitute, orphaned, undisciplined, or delinquent children or other children who, due to similar problems of behavior or
conditions, are living apart from their parents, relatives, or guardians in a
or
. The essentials of daily living include but are not limited to shelter, meals, clothing, education, recreation, and individual attention and supervision.
FRONTAGE. All property abutting one side of a measured along the line.
FRONTAGE ROAD. A
or road that is parallel to a full or partial access controlled facility and functions to provide vehicular access to adjacent land.
GARAGE, PRIVATE. A or space used as an accessory to or a part of the
permitted in any residential district, that provides
space for motor vehicles and in which no business, occupation, or service for profit is in any way conducted.
GATE. A door or other device attached to a
which, when opened, provides a means of ingress and egress of and things for which it was intended, and which, when closed, forms a continuous barrier and screen as a part of the
to which it is attached.
GOVERNING BOARD. The Town of Swansboro Board of Commissioners.
GRADE. A reference plane representing the average of finished ground level adjoining the at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the and the
or between the and a point six feet (1,829 mm) from the , whichever is closer to the .
HABITABLE FLOOR. Any
for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A
used only for
is not a HABITABLE FLOOR.
HANDICAPPED PERSON. A 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, or orthopedic impairments, but not including mentally ill who are dangerous to others as defined in G.S. §122-58.2(1)b.
HAZARDOUS MATERIAL. Any substance listed as such in SARA §302, Extremely Hazardous Substances, CERCLA Hazarding Substances, or §311 of CWA (oil and hazardous substances).
HISTORIC BUILDING CONTRIBUTING. A determined to have been constructed during the period of significance of the Swansboro Historic District.
HISTORIC BUILDING NON-CONTRIBUTING. A NOT constructed during the period of significance of the Swansboro Historic District.
HISTORIC STRUCTURE. Any that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places; (d) individually listed on a local inventory of historic places in
with historic preservation programs that have been certified (1) by an approved state program as determined by the Secretary of Interior, or (2) directly by the Secretary of Interior in states without approved programs.
HOME OCCUPATION. An
of a
unit for gainful employment which: a) is clearly incidental and subordinate to the use of the
unit as a residence; b) is carried on solely within the main
and does not alter or change the exterior character or appearances of the
; c) is created and operated as a sole proprietorship; and d) is not over 25% of the total
or 400 square feet, whichever is less, of any
used for home occupation.
HOMESTAY, HOST HOME. A one- to four-bedroom,
-occupied establishment in a private home where the business of paying guests is secondary to its use as a private residence.
IMPERVIOUS SURFACE. Any surface which in whole or in part restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to, compacted earth, gravel, concrete, asphalt, or other paving material, and all area covered by or structures.
IMPERVIOUS SURFACE RATIO. The algebraic ratio calculated to determine the percentage of open land versus
on any
(s) of land used for the purpose of actual or anticipated residential or
.
IMPROVEMENTS. The addition of any , accessory ,
, loading area,
, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a
or parcel of property.
INDOOR RECREATION. A commercial establishment or
that could include the following: pool halls, video arcades, bowling alleys, gyms and exercise studios, and other similar uses.
INDUSTRIAL DEVELOPMENT. A
that requires an NPDES permit for an industrial discharge and/or requires the use of or
of any
for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity, or as described by the Zoning Ordinance.
INDUSTRIAL USES. Refer to § 152.179, Table of Permitted Uses, for definition of allowed INDUSTRIAL USES.
INFILL DEVELOPMENT. The use/reuse of land within a
for further construction, it focuses on the reuse and repositioning of existing and sites with the optimization and utilization of existing infrastructure (water, sewer, roads, and the like).
INN. See BED AND BREAKFAST ACCOMMODATIONS, AND INNS.
INTENSIVE LIVESTOCK OPERATIONS. Any enclosure, pen, feedlot, , or group of intended to be used or actually used to feed, confine, maintain, or stable cattle, horses, sheep, goats, turkeys, chickens, swine, or any combination thereof, with at any time a total of 100
present, where their dietary needs are met primarily by means other than grazing.
INTERMEDIATE CARE FACILITY. Facilities licensed pursuant to Article 2 of Chapter 122C of the General Statutes for the purpose of providing health and habilitative services based on the developmental model and principles of normalization for with mental retardation, autism, cerebral palsy, epilepsy, or related conditions.
ITINERANT MERCHANT. A , other than a who owns or operates an established
in the Town of Swansboro, or within its
area, who transports an inventory of goods to a , vacant
, or other location in the Town of Swansboro and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. (unless the is excepted by other provisions of this chapter).
(1) Provided, however, the definition of an
ITINERANT MERCHANT shall not include a bona fide resident of the Town of Swansboro or its extraterritorial zoning jurisdiction area who, in conjunction with any other bona fide resident(s) conducts a sale of used household furnishings, clothing, decorations, or similar items in the manner commonly described as a “
sale” or “garage sale”, upon the residential premises of one or more of such bona fide residents, no more than once in any
.
(2) Provided further, that this definition shall not be construed to prohibit the
or operator of an established
from selling his or her usual inventory on a sidewalk, parking, or other similar area immediately adjacent to his or her store more than once in any
.
(4) Provided further, that this section shall not apply to a
licensed and/or approved to sell agricultural or horticultural products, handmade products, artwork, or other products within a municipally-operated public market.
JAIL. A municipal or county operated facility designed for the holding of individuals for trial, contempt, or punishment when the period is not to exceed 180 days.
JUNK. Old, scrapped, ruined, or discarded copper, brass, iron, rags, rope, appliances, wood, batteries, automobiles, trash, machinery, structures, or similar materials or parts thereof, which are not used for their original purpose.
JUNK YARD. The use of more than 300 square feet of any
where
, waste, discarded or salvage material are bought, sold, exchanged, stored, baled, disassembled or handled including but not limited to automobile wrecking yards, house wrecking, structural steel material and equipment, but not including the purchase or
of used furniture or used cars in operable condition.
KENNEL. An establishment where dogs are bred, raised, boarded, trained, sold, or exchanged. For the purpose of this chapter, any parcel of land upon which four or more dogs over three months are kept at any one time shall be considered as being used as a kennel.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A, Article 9 of the N.C. General Statutes. For the purpose of this chapter, this term does not include
.
LANDOWNER.
The holder of the title in fee simple. Absent evidence to the contrary, the county tax records shall be utilized to determine who is a landowner. The
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.
LARGE OPEN SPACE. Shall include public or private golf courses, bodies of water greater than ten acres, rivers or the floodplain of FEMA (Federal Emergency Management Administration) class streams, or public or private
of land permanently dedicated to
use with an area greater than ten acres.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation or an applicable
. The term also includes the decision to approve, amend, or rescind a development agreement.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LEVEE. A man-made , usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary .
LEVEE SYSTEM. A protection system which consists of a
, or
, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LEVEL OF SERVICE. As described in the 1965 Highway Capacity Manual, indicates how well traffic moves on a particular highway facility or through a specific intersection. There are six levels of servicing ranging from A through F. Level of service A indicates generally free movement. Level E represents maximum capacity of the facility. Level F indicates congestion. Level of Service C is considered the design level of service, representing a stable traffic flow and a relatively satisfactory travel speed.
LIGHTING ORDINANCE DEFINITIONS.
(1) CUT-OFF FIXTURE. An outdoor light fixture shielded or constructed in such a manner that no more than 2.5% of the total light emitted by the fixture is projected above the horizontal plane of the fixture.
(2) FLOOD LAMP. A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.
(3) FLOOD LIGHT. A form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp.
(4) FOOTCANDLE (FC). A quantitative unit measuring the amount of light cast onto a given point, measured as one
per square foot.
(5) FULL CUTOFF FIXTURE. An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.
(6) GLARE. The effect produced by a
within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.
(7) IESNA. The Illuminating Engineering Society of North America, a non- profit professional organization of lighting specialists that has established recommended design standards for various lighting applications.
(8) INTERNAL REFRACTIVE LENS. A glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the
thereby reducing direct
.
(9) LIGHT SOURCE. The element of a lighting fixture that is the point of origin of the
emitted by the fixture.
(10) LUMEN. A quantitative unit measuring the amount of light emitted by a
.
(11) MAINTAINED FOOTCANDLES. Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high pressure sodium and 0.64 for metal halide and mercury vapor.
(12) MEDIUM BASE. The size of lamp socket designed to accept a medium or Edison base lamp.
(13) OUTDOOR SPORTS FIELD. An area designed for active recreation, whether publicly- or privately-owned, including but not limited to baseball/softball diamonds, soccer fields, football fields, golf courses and ranges, tennis courts, racetracks, and
.
(14) OUTDOOR PERFORMANCE AREA. An area permanently dedicated to the public presentation of music, dance, theater, media arts, storytelling, oratory, or other performing arts, whether publicly- or privately-owned, including but not limited to amphitheaters and similar open or semi-enclosed structures.
(15) SEMI-CUTOFF FIXTURE. An outdoor light fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture.
(16) VEHICULAR CANOPY. A roofed, open, drive-through designed to provide temporary shelter for vehicles and their occupants while making use of a business’ services.
(17) WALL PACK. A type of light fixture typically flush-mounted on a vertical wall surface.
(18) WIDE-BODY REFRACTIVE GLOBE. A translucent lamp enclosure used with some outdoor fixtures to provide a decorative look (including but not limited to acorn- and carriage light-style fixtures). “Wide-body” refers to a wider than average size globe (greater than 15.75" in diameter). “Refractive” refers to the redirection (bending) of the light as it goes through the lens, rendering the light fixture more effective. WIDE-BODY REFRACTIVE GLOBES are intended to soften and spread the light being distributed from the
thereby reducing direct
.
LOADING AND UNLOADING AREA. That portion of the vehicle accommodation area used to satisfy the requirements of §§ 152.290 through 152.296. It provides space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times even when required
are filled. Required off- loading space is not to be included as
in computation of required
.
LOCAL ACT. As defined in G.S. § 160A-1(5), an act of the General Assembly applying to one or more specific cities by name, or to all cities within one or more specifically named counties. LOCAL ACT is interchangeable with the terms SPECIAL ACT, PUBLIC-LOCAL ACT, and PRIVATE ACT.
LOCAL STREET. A whose primary function is to provide access to abutting properties.
LOT. A parcel of land, of any size, occupied or capable of being occupied by a
together with is accessory , including the
required under the terms of this chapter.
LOT AREA. The total area circumscribed by boundaries of a
except that when the legal instrument creating a
shows the boundary of the
extending into a
or private
, then the
boundary for purposes of computing the
area shall be the
line, or if the
line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the
.
LOT, CORNER. A parcel of land having
on more than one (road) which abuts an intersection of those (roads).
LOT COVERAGE. The portion of a
covered by (s) and/or (s).
LOT, DEPTH. The distance measured in the mean direction of the side lines of the
from the midpoint of the front line to the midpoint of the opposite
.
LOT, DOUBLE FRONTAGE. A
having
on two parallel or approximately parallel that is accessible from both of the . In residential zoning districts, the
shall be established by the primary entrance to the primary (Street A in diagram). The
shall be the opposite of the
(Street B in diagram). If a double
is on the corner, then the additional
shall be established as a corner
(Street C in diagram).
LOT, FLAG. A
that is composed of a narrow ‘flagpole’ strip extending from the and much wider ‘flag’ section lying immediately behind a
or having the required
for a conventional
. In the case of a FLAG LOT, the
at the end of the flag pole lying generally parallel to the to which the flagpole connects shall be considered to be the
for
purposes.
LOT, INTERIOR. A
other than a
.
LOT LINE. Any boundary of a parcel of land.
LOT LINE, FRONT. Any boundary line of a
running along a
line.
LOT LINE, REAR. The property line(s) which is (are) opposite the front property line. If no property line is deemed to be opposite the front property line and no minimum
exists on the to establish a rear
, then there shall be no rear
; however, the
shall be maintained from the point of the front line. The
minimum
shall be a line perpendicular to a straight line connecting said apex and the midpoint on the
.
LOT LINE, SIDE. A boundary line which is not defined as a
or
.
LOT OF RECORD. A
of any size which is part of a , a of which has been recorded in the office of the Register of Deeds of Onslow County prior to the adoption of this chapter, or a
described by metes and bounds, or by adjoining property
, the description of which has been so recorded prior to the adoption of this chapter.
LOT WIDTH. Width of a regular
shall be determined by measurement across the rear of the required
, provided however that width between
at the points where they intersect the line shall not be less than 80% of the required minimum
width, except in the case of on the turning circles of cul-de-sacs or at points of curvature where the radius at the
line and intersecting the foremost points of the
is less than 90 feet, in which case the 80% requirement shall not apply. The following diagrams indicate the relationships involved:
(1)
“taper” permissible at 90' curve radius (A) or along straight
(B), with required
depth 25', required
width 60' (
t line 80% of
width or measured at rear of required
).
(2)
with lines radial to a curved
line with curve radius less than 90' (in this case 70') need not comply with 80% rule.
C shows application with 20'
, D with 25' applies in turning circles of cul-de-sacs, or at sharp bends in
.
(3) On
and through
, width requirements shall be considered met if the regular
has one
meeting such requirements and contains a
of width, depth, and area at least equivalent to that remaining on a rectangular
of minimum dimensions required in this district.
LOW IMPACT DEVELOPMENT (LID). The planning, design, construction, and management of a site to protect, or restore, the natural hydrology (the scientific study of the properties,
distribution, and effects of water on the earth’s surface) of the site so that the overall integrity of the watershed is protected.
MAJOR REPAIRS AND RENOVATIONS OF PROPERTIES WHERE A NONCONFORMING SITUATION EXISTS. Work estimated to cost more than 50% of the tax value of the (within the current tax year) to be repaired or renovated and are repairs renovations completed within a 12 month period not required by the partial or total destruction of a as outlined in § 152.088(E).
MAJOR SUBDIVISIONS. A involving eight or more .
MAJOR THOROUGHFARE STREET.
consist of interstate, other freeway, expressway, or parkway links, and major that provide for the expeditious movement of high volumes of traffic within and through urban areas.
MANUFACTURED HOME.
(1) As defined by G.S. § 143-145(7), 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 therein.
(2) 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 Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.
(3) For manufactured homes built before June 15, 1976, MANUFACTURED HOME means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
MANUFACTURED HOME LOT. A piece of land within a whose boundaries are delineated in accordance with the requirements of the ordinance.
MANUFACTURED HOME PARK PLAN. A plan of a proposed , prepared by the
, and presented to the Town of Swansboro for approval.
MANUFACTURED HOME/RECREATIONAL VEHICLE PARK PERMIT. A permit issued by the authorizing the or
in accordance with a park plan approved by the Swansboro and, if applicable, the Onslow County Health Department, Environmental Health Section. (Not to be confused with a permit).
MANUFACTURED HOME/RECREATIONAL VEHICLE SPACE. A plot of land within a MH/RV park designed for the accommodation of a single
/.
MANUFACTURED HOME/RECREATIONAL VEHICLE STAND. That portion of the
designed for and used as the area occupied by the MH/RV proper.
MANUFACTURED HOME SPACE. Any parcel of ground within a designated for the exclusive use of one
.
MANUFACTURED OFFICE BUILDING/CLASSROOM. A transportable in one or more sections and built on a permanent chassis designed to be used as an
or classroom. The shall be connected to the appropriate sanitary and electrical facilities and met the regulations as set forth in the North Carolina Building Code. Provisions pertaining to a manufactured foundation and anchorage of the manufactured to the foundation shall be met as required by the North Carolina Building Code. If the does not have a permanent foundation, all skirting and
requirements must be met. Manufactured
and classrooms are not permitted unless specifically allowed by this chapter.
MARGINAL ACCESS STREET. A service that runs parallel to a
,
, or
which, for purposes of safety, provides access to abutting properties and separation of through traffic.
MASSAGE, THERAPEUTIC. Manipulating of body muscles or tissues by rubbing, stroking, kneading, or tapping by hand or mechanical device by properly accredited by The American Massage Therapy Association or equivalent and in good standing with that accrediting body at the time the
is administered.
MASSAGE, THERAPEUTIC BUSINESS. Any establishment or business wherein approved
is practiced including establishments commonly known as health clubs and physical fitness center; and
clinics owned in conjunction with other business such as beauty parlors, YMCA, and swim clubs. All advertising shall include the terminology “
”.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with
.
MINIMUM REQUIREMENTS. All sizes, , and other requirements of this chapter are minimum requirements and may be increased.
MINOR SUBDIVISIONS. A involving seven or less.
MINOR THOROUGHFARE STREET.
collect traffic from collector, sub collector, and
and carry it to the
system.
may be used to supplement the
system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property.
MIXED USE. Any
, or even a single , that blends a combination of residential, commercial, cultural, institutional, or
, where those functions are physically and functionally integrated.
MODULAR HOME. A detached residential
unit designed for transportation after off-site
on flatbed trucks or trailers. At the site, a modular home must be placed on a permanent foundation, and heating and cooling systems, plumbing fixtures, and electrical appliances must be installed before being occupied.
MORE INTENSIVE USE. A use that will have a greater impact on the surrounding area than the previous use, including activities which generate more traffic, require more employees or service deliveries, or utilize more square footage than the previous use existing on the site.
MOTEL, HOTEL, CONDO. Any , group of , or portion of a on same property containing six or more guest rooms intended or designed to be used, rented, or hired out to be occupied for sleeping purposes by guests.
MULTI-PHASE DEVELOPMENT. A development containing 25 acres or more that is submitted for site plan approval for construction to occur in more than one phase and is subject to a master development plan with committed elements showing the type and intensity of use of each phase.
MULTI-UNIT ASSISTED HOUSING WITH SERVICES. An
in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency, through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency’s established plan of care. Multi-unit assisted housing with services programs are required to register with the Division of Facility Services and to provide a disclosure statement. The disclosure statement is required to be a part of the annual rental contract that includes a description of the following requirements:
(1) Emergency response system;
(2) Charges for services offered;
(3) Limitations of tenancy;
(4) Limitations of services;
(5) Resident responsibilities;
(6) Financial/legal relationship between housing management and home care or hospice agencies;
(7) A listing of all home care or hospice agencies and other
services in the area;
(8) An process; and
(9) Procedures for required initial and annual resident screening and referrals for services.
Continuing care retirement
, subject to regulation by the Department of Insurance under Chapter 58 of the General Statutes, are exempt from the regulatory requirements for multi-unit assisted housing with services programs.
NAICS MANUAL, NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM MANUAL. A book put out by the federal government which classifies establishments by the type of activity in which they are engaged. Uses listed in this chapter are classified according to ICS groupings.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION.
(1) Any
occurring on property utilized for governmental, commercial, or residential
purposes for which a permit is required.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A for which the construction of facilities for servicing the on which the
are to be affixed (including at a minimum, the installation of utilities, the construction of , and either final site grading or the pouring of concrete slabs) is completed on or after the effective date of this chapter.
NONCONFORMING LOT. A that met all legal requirements when it was platted or otherwise recorded, but which does not comply with the minimum
or minimum
requirements of this chapter, or a subsequent amendment hereto, for the zoning district in which it is located.
NONCONFORMING STRUCTURE. A or that met all legal requirements when constructed but which does not comply with this chapter or amendment hereto.
NONCONFORMING USE. Any legally existing use that met all legal requirements when it was first established which fails to comply with the provisions of this chapter or a subsequent amendment hereto, for the zoning district in which it is located.
NONCONFORMITY. Any use, , , or which was lawful at the time it was constructed or established but which fails to comply with one or more of the applicable regulations or standards of this chapter or a subsequent amendment hereto, for the zoning district in which it is located.
NONRESIDENTIAL DEVELOPMENT. All
other than
, agriculture, and silvaculture.
NURSERY SCHOOL. See DAY CARE FACILITIES (CHILD).
NURSING HOME. A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more unrelated to the licensee. A NURSING HOME is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X- ray facilities, laboratory facilities, and obstetrical facilities. A NURSING HOME provides care for who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
OFFICE. Any room, studio, clinic, suite or wherein the primary use is the conduct of a business such as accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by professionals such as engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or physicians, urban planners, and landscape architects. For the purpose of this chapter, an OFFICE shall not involve manufacturing,
, production,
, assembling, cleaning, testing, repair, or
of materials, goods, and products; or the sale and/or delivery of any materials, goods, or products which are physically located on the premises.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the as a guide for the
of the Town of Swansboro, consisting of maps, charts, and/or texts.
OPEN SPACE. An area (land and/or water) generally lacking in manmade structures and reserved for the enjoyment of residents of a
,
, or other group project. Common open spaces may contain , and
necessary or desirable for religious, education, non-commercial, recreational, or cultural uses.
OPERATING PERMIT. A permit issued by the to a or travel trailer park
or operator upon the completion of a or travel trailer park which conforms to the requirements of this chapter.
OWNER. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
OWNER’S ASSOCIATION. An organization of homeowners or property
owning real property, residing, or operating a business within a particular or
whose major purpose is to maintain and provide
facilities, services, or land for common use of the residents or property
of the or
.
PARAPET. A wall-like barrier at the edge of a roof, terrace, balcony, or other . Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or may be a continuation of a vertical feature beneath the roof such as a fire wall or party wall.
PARK (PUBLIC). An area for recreation and/or parking owned and operated by a public entity.
PARK (SEMI-PUBLIC). An area for recreation and/or parking owned and operated by a housing complex, a property
, or a non-profit organization.
PARK MODEL RECREATIONAL VEHICLE. A
typically built in accordance with the construction requirements of HUD National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§5401 et seq., but because of their limited size they are not required to be labeled by the HUD manufacturing housing program. Since these park model type units are not under the jurisdiction of the HUD program, they are labeled and sold as .
PARKING AREA, AISLES. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
PARKING LOT. An area not within a where motor vehicles may be stored for the purposes of temporary, daily, or overnight off- parking.
PARKING SPACE, OFF STREET. For the purpose of this chapter, an off- parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a
or
and maneuvering room.
PEDDLER. Any who transports goods from place to place and sells or offers for sale the goods, or who, without traveling from place to place, sells or offers for sale any goods from any vehicle or device; provided that any who separates the acts of sale and delivery for the purpose of evading the provisions of this chapter shall be deemed a peddler.
PERSON. Any individual, firm, corporation, association, club, co-partnership, society, or any other organization.
PLANNED UNIT DEVELOPMENT. An
, institutional, governmental, residential, commercial, and/or projects involving a combination of these uses located on land under unified control, planned as a whole, and developed as a single
or in a definitely programmed series of units or stages of
according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any areas,
, and facilities provided for the common use of the occupants or users of the
.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area within which the town may undertake planning and apply its development regulations.
PLANNING BOARD. A body appointed by the Swansboro and the Onslow County Board of Commissioners to perform duties as specified in G.S.§ 160D-301. The Onslow County Board of Commissioners shall only appoint
members.
PLANT NURSERIES. Establishments primarily engaged in growing trees, shrubs, other plants, seeds, and bulbs are classified as agricultural. However, establishments for the sale of lawn and garden maintenance equipment and fertilizers are considered a non-agricultural use.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided, or any existing parcel of land.
PLAT, FINAL. The final map of all or a portion of a or site, showing the boundaries and location of , ,
, and any other requirements of § 152.351, which is presented for town approval and subsequent recordation in the Onslow County Register of Deeds Office.
PLAT, PRELIMINARY. A map indicating the proposed layout of the or site showing , , water, sewer, storm drainage, and any other requirements of § 152.351, which is presented for preliminary approval.
PORTABLE STORAGE CONTAINERS OR STRUCTURES. Any portable or removable container or , including by way of illustration but not limitation, transport trailers, cargo trailers,
trailers, mobile temporary
units, semi-trailers (whether with or without tandem axles and wheels), shipping containers, and any similar container or whether or not wheels, axles, and tongue have or has been removed and whether or not the container or has been placed on a foundation. The term PORTABLE STORAGE CONTAINERS OR STRUCTURES shall not apply to structures which have been manufactured to resemble permanent structures including by way of illustration but not limitation such structures as
sheds, and garden sheds, even though they may be capable of being lifted or disassembled and removed from the property.
PRINCIPAL BUILDING. A in which the
of the is conducted and said is situated as related to the requirements of this chapter. In no way shall a camper or travel trailer be considered a PRINCIPAL BUILDING.
PRIVATE CLUB/LODGE. A or use owned or leased by a private club, offering membership use of the for social occasions. Examples could include Knights of Columbus, Masonic Lodges, Shriners, and the like. Such a club/lodge could be used for meeting rooms, classes, and social functions such as dances, weddings, receptions, and the like. This does not include a night club open to the general public.
PRIVATE DRIVE. A vehicular travelway not dedicated or offered for as a
, providing access to
(s) for two or more
in a group housing
.
PRIVATE SEWER. A system which provides for collection and/or treatment of wastewater from a
, or property, and which is not maintained with public funds.
PRIVATE STREET. A vehicular travelway not dedicated or offered for as a
, but resembling a
or a
by carrying traffic from a series of
to the
system. The platting of such requires a Subdivision Streets Disclosure Statement in accordance with G.S. §136-102.6.
PRIVATE WATER. A system which provides for the supply and/or distribution of potable water for use by a
, project, or
, and which is not operated or maintained by a government organization or utility district.
PROCESSING. Any operation changing the nature of material or material’s chemical composition or physical properties; does not include operations described as
.
PROPERTY CLEARING. The removal of
from undeveloped property for the purpose of timber sales, value enhancement, or other no developmental purposes.
PROTECTED AREA. The area adjoining and upstream of the critical area of the WS IV watershed. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within ten miles upstream; and draining to the intake located directly in the stream or river or to the ridgeline of the watershed; or within ten miles upstream; and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.
PROTECTED/REGULATED TREE. A tree measuring 18 inches at circumference-at-breast height.
PROTECTED TREE, APPLICANT. A
, contractor or land-clearing agent desiring to remove or prune one or more
.
PROTECTED TREE, CIRCUMFERENCE-AT-BREAST HEIGHT (CBH). The diameter circumference-at-breast height is the standard measure of tree size, and is a tree trunk diameter circumference measured in inches at a height of 4-1/2 feet above the ground. If a tree splits into multiple trunks below 4-1/2 feet, then each trunk is measured as a separate tree. A tree, which splits into multiple trunks above 4-1/2 feet, is measured as a single tree at 4-1/2 feet above ground. If the number is not a whole number round down to the whole number (example 18.8" CBH would become 18" CBH).
PROTECTED TREE, PERMIT. A signed application of the required permit(s) by the giving permission to act upon a request relating to clearing land or removing
.
PROTECTED TREE, PRUNING. A process of removing limbs from a
of 18" circumference measured at the tree circumference-at-breast height of 4-1/2 feet above the ground.
PROTECTED TREE, TAPED OR MARKED. A
not permitted to be removed during construction and so marked with tape or a band of brightly colored orange paint and stipulated on the submit tree layout survey map to be included with the required permitting process.
PROTECTED TREE, TREE PROTECTION AND LANDSCAPING ADVISORY COMMITTEE (TPLAC). The Tree Protection and Landscaping Advisory Committee (TPLAC) is a committee appointed by the Town to provide information and consultation on tree protection and landscaping advice to residents of the Town citizens, builders, contractors,
, and assist the Town staff.
PUBLIC BUILDING. Public shall include local, state, or federal government
facilities, including libraries and post
.
PUBLIC CLUB/LODGE. A facility owned by local, county, state, or federal government which is utilized for meeting rooms, classes, and social functions such as dances.
PUBLIC SEWAGE DISPOSAL SYSTEM. An approved sewage disposal system serving two or more connections including county, municipal, and sanitary district sewage systems located and constructed according to specifications of the County Health Officer in consultation with the Division of Health Services - Department of Human Resources and the Division of Environmental Management - Department of Environment and Natural Resources.
PUBLIC STREET. A dedicated public
for vehicular traffic which: 1) has been accepted by the Town of Swansboro or the NCDOT for maintenance; or 2) is not yet accepted but in which the roadway design and construction have been approved under public standards for vehicular traffic.
PUBLIC WATER SUPPLY SYSTEM. An approved water supply system serving 15 or more connections including county, municipal, and sanitary district water systems designated to serve particular subdivisions at full
and constructed to specifications of the County Health Officer in consultation with the Division of Health Services - Department of Human Resources and the Division of Environmental Management - Department of Environment and Natural Resources.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a
and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, s, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a
to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the
.
QUEUING. To form in or be part of a line or file while waiting to be served.
RADIO/TELEVISION TRANSMITTING. Any public or private facility which sends out radio or television signals by electromagnetic waves.
RECREATIONAL VEHICLE PARKS. Any single parcel of land upon which two or more , occupied for sleeping purposes, are located regardless of whether or not a charge is made for such purposes. RECREATIONAL VEHICLE PARKS are referred to in this chapter as RV PARK(S).
REDEVELOPMENT. To develop a
again. To restore, revitalize and/or renovate ,
, and neighborhoods. For the purposes herein, it shall also mean repair, reconstruction, rehabilitation, addition, or other
of a , the cost of which equals or exceeds 50% of the market value of the before the “” of the
.
REFERENCE FEATURE. The receding edge of a bluff or eroding frontal dune or, if such a feature is not present the normal highwater line or the seaward line of permanent
if highwater line cannot be identified.
REHABILITATION FACILITY. A public or private inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled through an integrated program of medical and other services which are provided under competent, professional supervision.
REMEDY A VIOLATION. To bring the or other
into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the or other affected
from damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the or other
.
REPETITIVE LOSS. -related damages sustained by a on two separate occasions during a ten year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25% of the market value of the before the damages occurred.
RESERVATION. An obligation shown on a to keep property free from
for a stated period of time or indefinitely. It is not a nor a conveyance.
RESIDENTIAL CHILD-CARE FACILITY. A staffed premise with paid or volunteer staff where children receive continuing full-time
.
RESIDENTIAL DEVELOPMENT. for residence such as attached and detached single-
,
complexes,
, , cottages, and the like, and their associated outbuildings such as garages,
, gazebos, and the like, and
.
RESIDENTIAL FAMILY CHILD CARE HOME. A use program or arrangement conducted in and about a residence, in which no more than two children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once a week for more than four hours but less than 24 hours per day from the resident of such property, the resident being a or other than their guardians or full-time custodians, and being not related to them by birth, marriage, or adoption. Provided, however, that the exceptions enumerated in G.S. §110-86 as it is presently written or may be hereafter amended are hereby incorporated herein by reference and similarly excluded from this definition.
RETAIL PLANT NURSERIES/LAWN & GARDEN STORES. Establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public. These establishments primarily sell products purchased from others.
RETAIL STORE. A single , property, activity, or portion thereof, the principle use or purpose of which is the sale of goods, products, or materials directly to the consumer. This includes, but is not limited to: antique stores, apparel and accessory sales, art gallery/sales, automobile parts and accessory sales, automobile/trailer/truck sales and rental, boat and accessories (retail sales), supplies, bulk mail and packaging sales, carpet and rug sales, consignment shop, electrical appliance sales and service,
covering sales,
, fuel sales, glass, groceries and
, jewelry store, paint and wallpaper sales, paper product sales, pet stores, pharmacies, plant sales, sales, retail fish market, soap and cosmetic sales, sporting goods store, variety, gift and hobby supply sales, video rental. It does not include restaurants, service establishments, or
establishments.
REVERSE FRONTAGE LOT. A continuous of the same depth as the width of a
, accessible from only the minor of the two upon which it fronts.
RIGHT-OF-WAY. An interest in land to the town which provides for the perpetual right and privilege of the town, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a
, including related and customary uses of rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, power lights, sanitary sewer, storm water drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.
SALVAGE/JUNKYARD. The use of more than 600 square feet of any which is maintained, operated, or used for storing, keeping, buying, or selling
regardless of the length of time that
is stored or kept, or for maintenance or operation of an
. Salvage/
shall not be stacked/stored to a level higher than seven feet above ground level.
SALVAGE OPERATION. The reclamation, dismantling, or
of pre-used commodities,
, and similar material for the purposes of resale,
, distribution, or deposition.
SANITARY LANDFILL. A facility for disposal of solid waste on land in a sanitary manner in accordance with Article 9 of Chapter 130A and as amended. (G.S. §130A-294, as amended.)
SCHOOL. Any public or private institution for teaching.
SEPTIC TANK SYSTEM. A ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipelines, conduits, pump stations, and other appurtenances required for proper collection, distribution, treatment, disposal, operation, and performance, or any other system approved by the Health Department.
SERVICE STATION. A or where gasoline, oil, grease, and automotive accessories are supplied and dispensed to a motor vehicle trade.
SETBACK. The distance between the minimum
and the
line; and where no
is involved, the property line shall be used in establishing the setback.
SETBACK, FRONT. Any
from a or road.
SETBACK, INTERIOR. A
from any property line not alongside a .
SETBACK, REAR. A
from an interior property line lying on the opposite side of the from the front
.
SETBACK, SIDE. Any interior property line
other than a
or
.
SETBACK, SIDE CORNER. A
on a
other than a
. For purposes of this chapter, the shall determine which
is the
.
SHEAR WALLS. Generally reinforced concrete or reinforced concrete masonry walls that are positioned in the at
level to assist in carrying the loads of the to the footing. (Ref. FEMA, Elevated Structures and Coastal Construction Manual).
SHOPPING CENTER. A
containing
, restaurants, service establishments, and/or other similar permitted uses that are planned, organized, and managed to function as a whole. A SHOPPING CENTER has common parking, pedestrian movement, architectural elements, ingress and egress, signage, and landscaping. A SHOPPING CENTER is used or is intended to be used for the sale of goods and services to the public.
SIGHT DISTANCE AREA, HORIZONTAL. The area formed by extending lines from the point of intersection of intersecting along the centerline of such for a distance of 40 feet and connecting the ends of such lines by a straight line to form the base for a triangle. Each of the two sides of the triangle will be 40 feet in length.
SIGHT DISTANCE AREA, VERTICAL. The area between three feet and ten feet above the horizontal area measured from the level of the point of intersection of the centerlines of the intersecting .
SIGHT DISTANCE EASEMENT. An
which grants to the Town of Swansboro the right to maintain unobstructed view across property located at a intersection.
SIGHT TRIANGLE. A required sight line at all intersections whether road, highway, , or
which shall remain clear of obstructions.
SIGN, ABANDONED. A sign shall be considered abandoned when the business or other activity or firm which such sign advertises is no longer in operation, or does not have a current business license in effect.
SIGN, ANIMATED. Any sign which flashes, revolves, rotates, or swings by mechanical means, or which uses a change of lighting to depict action, or to create a special effect or scene.
SIGN, AREA OF. Sign area shall be computed by the smallest square, triangle, rectangle, circle, or combination thereof, which will encompass the entire sign including lattice work, frame, or supports incidental to its decoration. In computing the area, only one side of a double-face sign shall be considered. Unless copy is not the same on both sides, then both sides should be calculated as area of sign.
SIGN, AWNING. A , as of canvas, stretched over a frame as a covering from weather which is extended over a window(s). This includes any skirt attached to the awning.
SIGN, BANNER. A
of light weight fabric or similar material which is rigidly mounted to a pole or a by a rigid frame at two or more edges. National, state, municipal, the official flag of any institution or business, or “open” flags shall not be considered banners.
SIGN, BILLBOARD (OFF-PREMISES). Any sign supported by uprights or other means and is permanent which advertises an establishment, service, commodity, good, or entertainment sold or offered on premises other than where the sign is located.
SIGN, CANOPY. Any sign which is a part of or attached to a canopy or other fabric-like or plastic protective which is extended over a door(s) or entranceway. This includes any skirt attached to the canopy. A
is not a canopy.
SIGN, CONSTRUCTION. A sign on a construction site during the period of construction on which is printed or written the name of the
,
, contractor, architect, planner, engineer, or
title.
SIGN, COPY. All words, letters, numbers, figures, characters, art work symbols, or insignia that are used on a
.
SIGN, DIRECTIONAL. A sign used to direct a or toward a specific place, event, or activity located on the same property as the directional sign.
SIGN, DIRECTORY. A sign listing the types of businesses or other activities located within a complex, a , a group of , or primary business district.
SIGN, ELECTRONICALLY CONTROLLED MESSAGE. A sign on which the copy changes automatically on a lampbank, such that the message or display does not run continuously in the travel mode. These signs are not considered
.
SIGN, FLASHING. A type of
which contains an intermittent, blinking, scintillating, or flashing
, or which includes the illusion of intermittent or flashing light, or an externally mounted intermittent
. An electronic changeable
is not a flashing sign.
SIGN, FREESTANDING. A sign that is attached to, erected on, or supported by a such as a pole, mast, or frame and that is not itself an integral part of or attached to a or other having a principal function other than the support of a sign.
SIGN, GOVERNMENTAL. Any sign erected by or on behalf of a governmental body to post a legal notice, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
SIGN, HEIGHT. The vertical distance measured from the ground elevation where the sign is located, to the highest point of the sign except as follows: when the ground elevation is different from
the elevation of an adjacent road, the height of a sign shall be measured from the road elevation of the adjacent road at the edge of the pavement.
SIGN, HOME OCCUPATION. A sign used to advertise a business conducted entirely within a
or its accessory and carried on by the resident(s).
SIGN, MARQUEE. Any permanent roof-like projecting beyond a or extending along and projecting beyond the wall of the , generally designed and constructed to provide protection from the weather.
SIGN, MOBILE. A sign not exceeding 80 square feet of sign area which may be moved from one location to another, is not permanently affixed to the ground, and is differentiated from a “
” in that it may be equipped for transportation by motor vehicle or other mechanical means. Trailer signs are considered to be MOBILE SIGNS.
SIGN, MONUMENT. A type of
that is detached from a and having a support that is a solid-appearing base constructed of a permanent material, such as concrete block or brick.
SIGN, MULTIPLE USES. A sign stating the name of a group
and the tenants within the
.
SIGN, ON-PREMISES. A sign which publicizes and directs attention to a profession, commodity, activity, product, service or entertainment conducted, sold or offered upon the premises where such sign is located.
SIGN, POLITICAL CAMPAIGN. Any sign announcing the names of candidates for public
or relating to national, town, county, or state referenda or other political issues.
SIGN, PORTABLE. Any sign designed to be moved without mechanical means.
SIGN, PROJECTING. Any sign which is end mounted or otherwise attached to an exterior wall of a which forms an angle with said wall.
SIGN, REAL ESTATE. A sign which advertises the sale, rent, or lease of property.
SIGN, ROOF. A sign that is erected, constructed, or maintained above the roof of any .
SIGN, SAFETY. A sign warning the general public of a potentially hazardous condition.
SIGN, SUBDIVISION. A sign identifying either a planned
(PRD) or a
(PUD) per town ordinance.
SIGN, TEMPORARY. A display, informational sign,
, or other advertising device constructed of cloth, canvas, fabric, wood, or other nondurable material, with or without a structural frame (including
), and intended for a limited period of display, including decorative displays for holidays or public demonstrations.
SIGN, WALL. A sign which is attached to a wall or
of a or canopy.
SIGN, WINDOW. Any sign which is attached to the outside of any window which advertises a product, service, announcement, or special sales of the business. The business name, whether inside or outside of window, will be classified as a window sign.
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
s that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an
and a site plan approval based in whole or in part upon the application of standards involving judgement and discretion is a . A site plan may also be approved as part of a conditional zoning decision.
SITE-SPECIFIC VESTING PLAN. A plan describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, a
, a preliminary or general development plan, a , a conditional zoning, or any other
as may be used by the town. Unless otherwise expressly provided, the plan shall include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways.
SIXTY (60) YEAR SETBACK. A distance equal to 60 times the average annual long-term recession rate at a site, measured from the
.
SMALL WIRELESS FACILITY. A wireless facility where each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet. Other wireless equipment associated with the facility shall have a cumulative volume of no more than 28 cubic feet.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgement and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
SPIRE. A tall pyramidal, polygonal, or conical (such as a church steeple) rising from a tower, turret, or roof and terminating in a point.
SPOIL. Earth, rock, or other materials excavated or dredged from a drainage course.
STORAGE. The deposition of commodities or items for the purposes of future use or safekeeping.
STORAGE, SELF-SERVICE. A consisting of individual, small, self-contained units that are leased or owned for the
of goods and wares.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in any form.
STREET. A public or private thoroughfare which affords access to abutting property and is recorded as such in the Office of the Register of Deeds.
STREET, PRIVATE. A dedicated or undedicated private
which affords access to abutting properties and requires a disclosure statement in accordance with G.S.§136-102.6.
STREET, PUBLIC. A dedicated and accepted public
which affords the principal means of access to abutting properties for vehicular traffic.
STREET, RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication lines.
STRIP CENTER. A retail complex consisting of stores or restaurants in adjacent spaces in one long , typically having a narrow
directly in front of the stores fronting a highway.
SUBDIVIDER. Any , firm, corporation, or duly authorized agent who subdivides or develops any land deemed to be a as herein defined.
SUBDIVISION. The division of land for the purpose of sale or development as specified in G.S. § 160D-802:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal or exceed the standards of the town, as shown on its subdivision regulations; and
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Ch. 29.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Where the repair, reconstruction, rehabilitation, or
of the , utilities, and pads equal or exceeds 50% of the value of the , utilities, and pads before the repair, reconstruction, or
commenced.
SWIMMING POOL. Any , basin, chamber, hot tub, spa, or tank containing an artificial body of water having a depth at any point of more than 18 inches and intended for swimming, diving, or recreational bathing.
TECHNICAL REVIEW COMMITTEE. A committee consisting of the town’s administrative staff to assist and advise the full membership of the in all matters relating to the
. The committee may expand to include State and local agencies such as the NCDOT and ONWASA for review of water and sewer infrastructure.
TELECOMMUNICATION TOWER, CO-LOCATION. The location of multiple
on a single .
TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person that is primarily assembled at a location other than its site of installation, is limited to one occupant who shall be the mentally or physically impaired person, has no more than 300 gross square feet, and complies with all applicable provisions of the State Building Code and G.S. § 143-139.1(b).
TEMPORARY RESIDENTIAL STORAGE UNITS. Any portable or removable container, including by way of illustration but not limitation,
trailers and mobile temporary
units, intended to be used for a period not to exceed 30 days, unless a 30 day extension is granted by the . The term “
” shall not apply to structures which have been manufactured to resemble permanent structures including by way of illustration but not limitation such structures as
sheds and garden sheds, even though they may be capable of being lifted or disassembled and removed from the property.
THOROUGHFARE, MAJOR. Consist of interstate, other freeway and expressway links, and major that provide for the expeditious movement of volumes of traffic within and through urban areas.
THOROUGHFARE, MINOR. Important in the urban system and perform the function of collecting traffic from local access and carrying it to the
system by facilitating a minor through traffic movement and may also serve abutting property.
TOWNHOUSE. A single-
unit constructed in a series or group of attached units with property lines separating such units. The minimum number of TOWNHOUSES attached to each other shall be two and the maximum number shall be six.
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 mutation, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
TRACT. A piece of land whose boundaries have been described or delineated by a legal instrument or map recorded in the office of the Onslow County Register of Deeds.
TRANSIENT VENDOR. Any who engages in a temporary business of selling and delivering goods and who, for this purpose, uses or occupies any or premises; provided, that no shall be relieved from complying with the provisions of this chapter merely by conducting a transient business in association with any permanently established merchant.
TRANSPORTATION NETWORK. For the purposes of developing a Traffic Impact Study, the TRANSPORTATION NETWORK is considered the link between , roads, highways, non-highway systems such as pedestrian and bicycle travel ways, transit systems and all modes of transportation that moves goods, people and services located within the Town of Swansboro and
. The network shall include but not be limited to private, town and NCDOT maintained infrastructure.
TREE, REGULATED. The subsurface roots, crown, and trunk of:
(1) Any self-supporting woody perennial plant such as a large shade or pine tree, which usually has one main stem or trunk, and has a measured caliper as follows:
(a) Hardwood tree - eight inches, such as oak, maple, and the like;
(b) Pine tree - 12 inches, such as a long leaf pine;
(2) Any small flowering tree, such as dogwood, with a measured caliper of at least four inches; and
(3) Any tree having several stems or trunks, such as crepe myrtle, and at least one defined stem or trunk with a measured caliper of at least three inches.
USE-BY-RIGHT. A use which is listed as an unconditionally permitted activity in this chapter.
USE, PRINCIPAL. The purpose for which land or structures thereon are designed, arranged, or intended to be occupied or used; or for which it is occupied, maintained, rented, or leased.
USE, SPECIAL. A use permitted in a zone only after specific findings by the .
USEABLE WALL AREA. The frontal exterior wall surface area of a , tenant space, or that excludes doors.
VEGETATION. Evergreen trees, including but not limited to white pine, evergreen shrubs, red tipped photinia, wax myrtle, or other plants which reach a height of at least six feet at maturity.
VEHICLE STORAGE LOT. A for the purpose of outdoor commercial
of boats on trailers, personal watercraft on trailers, camper trailers, travel trailers, and other similar , not to include “temporary
units” and not to include self-propelled vehicles designed for operation on land.
VESTED RIGHT. The right to undertake and complete the
and use of property under the terms and conditions of an approval secured as specified in G.S. § 160D-108 or under common law.
VETERINARY OFFICE/HOSPITAL. A treatment facility for small companion animals. Overnight indoor housing of small companion animals shall only be allowed for short term medical monitoring.
WAREHOUSE. A or compartment in a used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at
, and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed and reshipped.
WAREHOUSE, MINI. Small cubicles linked together in a single or row of for the purpose of renting
space, usually on a temporary basis, and shall in this chapter be considered as “
,
”.
WATER DEPENDENT STRUCTURE. Any for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such at boat ramps at houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies,
, and commercial boat
areas are not WATER DEPENDENT STRUCTURES.
WATER TABLE (ARCHITECTURAL). A masonry architectural feature that consists of a projecting course that deflects water running down the face of a away from lower courses or the foundation. A WATER TABLE may be found near the base of a wall or at a transition between materials, such as from stone to brick.
WEDDING CHAPEL. A business other than a legal court or church principally for the performance of weddings and which is licensed for that purpose.
WHOLESALE. The sale of a commodity for resale to the public for direct consumption.
WIRELESS TELECOMMUNICATION FACILITIES. A wireless support facility including, but not limited to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers, and their associated equipment to include radio transceivers, antennas, wires, coaxial or fiber- optic cable, and regular and backup power supplies. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are under 100 feet in height and that, at a height of 50 feet above the base, have a maximum horizontal measurement of 18 inches nor shall it include any tower erected by a public authority for public safety or emergency service communication purposes.
YACHT, SAILING, AND FISHING CLUBS.
whose membership is composed of with a specific interest in boating, sailing, fishing, or similar marine-related activities.
YARD. A required
other than a court, on a , unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT. An open space on the same with a
, a
extending the full width of the and situated between the front line of the and the projected to the side lines of the . Where a abuts more than one , the shall determine the FRONT YARD for purposes of this chapter.
YARD, REAR. An open space on the same with the
, a
extending the full width of the and situated between the rear line of the and the rear line of the projected to the side line of the .
YARD, REQUIRED. Refer to the definition of YARD.
YARD, SIDE. An open space on the same with the
, a yard situated between the and the
, and extending from the rear line of the
and the front line of the
.
YARD, STREET. Any front or
which is adjacent to a
or
line.
ZERO LOT LINE DWELLING. A detached single-
on a with a
requirement on one side of the .
ZONING COMPLIANCE. A certification by the or his authorized agents that a course of action to use or occupy a
of land or a , or to erect, install or alter a , or sign situated in the jurisdiction of the town, fully meets the requirements of this chapter.
ZONING MAP AMENDMENT OR REZONING. An amendment to a zoning regulation to change the zoning district that is applied to a specified property or properties. The term does not include the initial adoption of a zoning map by a local government or the repeal of a zoning map and re-adoption of a new zoning map for the entire
, nor updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district. It does not include the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations, as well as the application of overlay zoning districts or conditional zoning districts.
ZONING PERMIT. A permit issued by the or his authorized agents that permits the applicant to use or occupy a
of land or a ; or to erect, install or alter a , or sign situated in the jurisdiction of the town that fully meets the requirements of this chapter.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2005-O8, passed 7-19-2005; Am. Ord. passed 9-20-2005; Am. Ord. passed 8-14-2006; Am. Ord. passed 3-18-2008; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O14, passed 5-18-2010; Am. Ord. passed 6-15-2010; Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. passed 8-17-2010; Am. Ord. passed 1-18-2011; Am. Ord. passed 6-21-2011; Am. Ord. passed 7-19-2011; Am. Ord. passed 12-18-12; Am. Ord. 2013-O9, passed 3-19-2013; Am. Ord. 2013-O13, passed 5-21-2013; Am. Ord. 2013-O15, passed 7-16-2013; Am. Ord. 2014-O9, passed 4-15-2014; Am. Ord. passed 7-15-2014; Am. Ord. passed 5-24-2016; Am. Ord. passed 7-22-2016; Am. Ord. passed 7-26-2016; Am. Ord. 2016-O11, passed 9-13-2016; Am. Ord. 2017-O1, passed 1-10-2017; Am. Ord. passed 2-28-2017; Am. Ord. passed 4-25-2017; Am. Ord. 2018-01, passed 1-9-2018; Am. Ord. 2019-O4, passed 4-23-2019; Am. Ord. 2020-O3, passed 6-8-2020; Am. Ord. 2020-O6, passed 8-10-2020; Am. Ord. 2021-O3, passed 5-24-2021; Am. Ord. 2021-O7, passed 7-26-2021; Am. Ord. 2021-O8, passed 8-23-2021; Am. Ord. 2022-O6, passed 4-11-2022; Am. Ord. 2022-O4, passed 5-23-2022)