Accessory dwelling. See Dwelling, accessory.
Accessory use, accessory structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure (see Section 9-3039).
Administrative decision. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards outlined in G.S. Chapter 160D or Town of Valdese development regulations (also referred to as ministerial decisions or administrative determinations).
Administrative hearing. A proceeding to gather facts needed to make an administrative decision.
Adult establishment. Any structure or use of land which meets the definitions as outlined in G.S. 14-202.10. Licensed masseurs (e.g., health massage/bodywork therapists) are excluded.
Agricultural industry. Commercial poultry or swine production, cattle or swine feed lots, fur-bearing animal farms, commercial plant production (not retail nurseries), commercial fish or poultry hatcheries, and other similar activities.
Alley. A publicly dedicated and maintained right-of-way twenty feet (20') or less in width that provides only a secondary means of access to adjoining property and is not intended for general traffic circulation.
Animal hospital. See Veterinary hospital or clinic.
Apartment. A room or suite of one or more rooms in multiple structures intended for use as a residence by a single-family.
Artisan food and beverage producer. An establishment that engages in onsite commercial production of food and/or beverage products to a final form employing batch-processing or hand-crafting using traditional methods and distributes to customers on-site via product tasting and direct sales and/or off-site to retailers and wholesalers. Typical products may include coffee roasters, chocolatiers, confectioneries, cideries, distilleries, and wineries.
Automotive body repair. An establishment where the following services may be rendered on a motor vehicle: body repair, straightening of automotive body parts, painting, welding, and storage of automobiles not in operating condition.
Automotive repair. A building or area used for the temporary storage, care, and repair of motor vehicles, including both minor and major mechanical overhauling.
Automotive service station. A building used for the sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto. Fuel pumps shall be located at least twenty (20) feet from any property or right-of-way line. Facilities for washing and chassis and gear lubrication of vehicles are permitted if enclosed in a building. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and bodywork are conducted.
Automotive wrecking yard. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of four (4) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute an automobile wrecking yard.
Bank. Financial institutions engaged in deposit banking and closely related functions such as the extension of credit through loans and investments and fiduciary activities.
Bar. A commercial enterprise devoted primarily to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Bars include taverns, pubs, nightclubs, and similar drinking establishments serving alcoholic beverages but do not include taprooms/tasting rooms in microbreweries and brewpubs.
Basement. That portion of a building that is partly or completely below grade. A basement shall be termed a cellar when more than one-half of its height is below the average adjoining grade. A basement shall be termed a story if the vertical distance from the average adjoining grade to the ceiling is more than five feet (5').
Bed and breakfast inn. A house, or portion thereof, where short-term lodging rooms and meals are provided for compensation. The operator of the inn shall live on the premises or adjacent premises (see Section 9-3060.06).
Beer. Includes "Malt beverage" as defined by G.S. 18B-101(9).
Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters to achieve water quality protection goals.
Boarding house. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, where meals or lodging is provided for three or more persons, but not to exceed eight persons. The owner of the boarding house shall reside on the premises.
Bona fide farm purposes. Agricultural activities as outlined in G.S. 160D-903.
Brewery. An establishment for the manufacture of beer.
Brewpub. A restaurant with facilities for the manufacture of beer onsite for consumption and retail sale at the restaurant. Where allowed by law, brewpubs may often sell beer "to go" and/or distribute to off-site accounts.
Breezeway. A covered passageway connecting a single-family residence and an accessory structure.
Buffer. A strip of land that may include trees, shrubs, a fence, and/or a berm designed to separate, protect, and/or screen one land use from neighboring land uses.
Buffer (watershed). An area of natural or planted vegetation through which stormwater runoff flows diffusely 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 waters and the bank of each side of free-flowing streams, rivers, branches, etc.
Building or buildings. Any structure used or intended for supporting or sheltering any use or occupancy. The connection of two buildings utilizing an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building.
Building, accessory. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.
Building, coverage. See Lot coverage.
Building, height. The vertical distance measured from the average elevation of the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in the case of a flat roof; to the average height of the gables in the case of a pitched roof; and to the deck line in the case of a mansard roof.
Building, principal. A building or structure in which the primary use of the lot on which the building is located is conducted. A structure, or where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.
Building, setback. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost five feet (5') of any overhang, uncovered porches, steps, gutters, and similar fixtures, and the related front, rear, or side property or right-of-way line, whichever is closest to the building.
Built-upon area. That portion of a development project that is covered by impervious or partially impervious cover, including buildings, pavement, gravel, recreation facilities, etc., excluding wooden slatted decks and the water area of a swimming pool.
Business, general. Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs of a whole community, including supermarkets, department stores, discount stores, variety stores, hardware, and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationery stores, specialty shops, sporting goods stores, furniture, and home furnishing stores, automotive supply stores, and appliance stores.
Business, office-type. Quasi-commercial uses that generally accommodate occupations such as administrative, executive, legal, accounting, writing, clerical, stenographic, and drafting occupations, and including offices of a charitable, philanthropic, religious, or educational nature.
Carport. An accessory structure that provides shelter for vehicles or boats and is open on all sides.
Car wash, detail shop. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles; a building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.
Cellar. See Basement.
Cemetery. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including land on which columbariums, mausoleums, or similar structures are located.
Certificate of occupancy. Permit that is issued by the Town of Valdese after the erection or structural alteration of a building or part of a building; the permit allows the owner, tenant, or occupant thereof to occupy the structure and shows that the structure has been completed in conformity with the provisions of this chapter.
Charter. As defined in G.S. 160A-1(2)
Child care institution. An institutional facility housing orphaned, abandoned, dependent, abused, or neglected children.
City. "City" means a municipal corporation organized under the laws of the State of North Carolina. The term "city" is interchangeable with the term "town" and is used throughout the Zoning and Subdivision Regulations. "Town" shall reference the Town of Valdese.
Church. A structure in which persons regularly assemble for religious worship and which is maintained by a religious body organized to sustain public worship.
Clinic. An organization of professional specialists such as physicians or dentists who have their offices in a common building. A clinic shall include laboratory facilities in conjunction with normal clinic services.
Club. An establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes but which is not operated for profit.
Cluster development. The grouping of buildings to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential and multi-family developments. For this chapter, planned unit development and mixed-use development are considered cluster developments.
Community center. A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve the community at large.
Condominium. A single-family dwelling unit constructed in a series or group of attached units where each dwelling unit is to be deeded and/or separately owned from other units and where all land is owned in common by owners of all the dwelling units collectively (also see Dwelling).
Convenience store. A retail establishment where beverages, packaged food, tobacco products, or similar convenient goods for customers are sold and where, also gasoline and/or diesel fuel is supplied and dispensed, provided that all gasoline pumps shall be located at twenty (20) feet from any property or right-of-way line.
County. Or "Burke County".
Craft distillery. An establishment where grains and/or fruits are distilled into spirituous liquor not to exceed 100,000 proof gallons per year, and which may include bottling, storage, and aging facilities, as well as an area devoted to the sampling and sales of spirits-related products.
Crematory or crematorium. A properly installed, certified apparatus intended for use in the act of cremation (see Section 9-3060.02).
Critical area. The area adjacent to a water supply intake or reservoir where the risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as the area one-half mile upstream and draining to a water supply reservoir or water intake located in a stream or river; or to the ridgeline of the watershed, whichever comes first.
Day care center. A building or structure where care, protection, and supervision are provided on a regular schedule to at least nine (9) or more children, including the children of the adult provider. Day care centers shall not be located within a dwelling unit.
Day care home. A private residence where care, protection, and supervision are provided on a regular schedule to no more than five (5) preschoolers and three (3) school-age children at one time, including children of the adult provider.
Decision-making board. The Town Council, Planning Board, or Board of Adjustment, assigned to make decisions under G.S. Chapter 160D.
Determination. A written, final, and binding order, requirement, or determination regarding an administration decision.
Developer. A person, including a governmental agency or redevelopment authority, who undertakes any development, and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
Development. Any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, a 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.
(4) The initiation or substantial change in the use of land or the intensity of use of land.
(This definition does not alter the scope of regulatory authority granted by G.S. Chapter 160D.)
Development approval. An administrative or quasi-judicial approval is required before starting any activity, project, or development. Development approvals include zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness, as well as all other regulatory approvals required by regulations adopted under G.S. Chapter 160D.
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 enforcement, or any other regulation adopted under G.S. Chapter 160D, or a local act or charter that regulates land use or development.
Domestic pets. Animals that are customarily kept for company, pleasure, or enjoyment within the home or yard, such as domestic dogs, domestic cats, domestic tropical birds, domestic rodents, domestic rabbits, and domestic fish (see Section 9-3062(d) Animal Keeping in Special Requirements for Certain Uses).
Driveway. A vehicular way other than a street or alley that provides vehicular access from a street to or through off-street parking and/or loading areas.
Dwelling. A building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, or hired out to be occupied for living purposes.
Dwelling, accessory. A dwelling which is located on the same lot as a detached or attached single-family house, has a first-floor area no greater than six hundred fifty (650) square feet, and is owned by the owner of the principal dwelling unit but occupied by another. If the principal dwelling is a group home, the use of an accessory dwelling shall not increase the number of residents otherwise permitted in a single home (see Section 9-3060.01).
Dwelling, multiple or multi-family. A dwelling(s) designed for occupancy by three (3) or more families living independently of each other.
Dwelling, two-family or duplex. A dwelling designed exclusively for occupancy by two (2) families independent of each other.
Dwelling unit. A single unit that provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement. A grant by a property owner to the use of land by the public, a corporation, or persons for specific purposes such as the construction of utilities, drainage ways, and roadways.
Electronic gaming operations. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash merchandise or other items of value are redeemed or
otherwise distributed, whether or not the value of such distribution is determined by electronic games played or predetermined odds. This includes, but is not limited to, internet sweepstakes or video sweepstakes. This does not include any lottery approved by the State of North Carolina.
Essential services. Publicly or privately-owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection, and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not essential services, provided no transmitter or antenna tower exceeds 180 feet in height. Essential services are divided into three classes:
Class 1 - Transmission lines (above and below ground) including electrical, natural gas, and water/wastewater distribution lines; pumping stations, lift stations, and telephone switching facilities (up to two hundred (200) square feet);
Class 2 - Elevated water storage tanks; package treatment plants; telephone switching facilities (over two hundred (200) square feet), substations, or other similar facilities used in connection with a telephone, electric, steam, and water facilities; raw water treatment facilities.
Class 3 - Generation, production, or treatment facilities such as power plants and sewage treatment plants.
Evidentiary hearing. A hearing to gather competent, material, and substantial evidence to make findings for a quasi-judicial decision required under G.S. Chapter 160D.
Existing development. Those projects that are built or those projects that, at a minimum, have established a vested right under North Carolina zoning law as of the effective date of this Chapter based on at least one of the following criteria:
(1) Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received valid Town of Valdese approval to proceed with the project; or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. 160D-108.1).
Familial relationship, close. A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
Family. An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons, one (1) or more of whom is not related by blood, marriage, or adoption to the others.
Family care home. A dwelling with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident disabled persons. A disabled person means a person with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
Farm, bona fide. Any tract of land containing at least three acres which are used for dairying or the raising of agricultural products, forest products, livestock, or poultry, and which may include facilities for the sale of such products from the premises where produced. The definition of "farm" and "bona fide farm" shall not include agricultural industries.
Farmers market. The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
Financial institution. A use or structure where financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to depository institutions (i.e., banks, credit unions, savings, and loans, etc.), non-depository credit institutions (i.e., credit agencies, loan brokers, etc.), holding companies (but not predominantly operating companies), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges.
Flag lot. Lots or parcels that are approved by the town which have an access corridor providing a minimum of thirty-five feet (35') of frontage on an approved public street, with the bulk of the lot or parcel being otherwise landlocked by other property. Such access shall have a minimum width of thirty-five (35) feet. The area of the access corridor shall be excluded in computing the lot area and width, and the length of said strip shall not exceed one hundred (100) feet.
Flea market. An occasional or periodic sales activity held within a structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.
Floodplain. That area within the one-in-one hundred (100 years) regional flood contour elevation subject to periodic flooding as designated by the Zoning Enforcement Officer based upon United States Department of Housing and Urban Development FIA Flood Hazard Boundary Maps.
Floor area, gross. The sum of enclosed areas on all floors of a building or buildings measured from the outside faces of exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches, and balconies, and any below-grade floor areas used for access and storage. Not countable as floor areas are open terraces, open patios, open atriums, open balconies, open carport garages, and breezeways.
Floor area ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
Garage. An enclosed accessory structure that provides shelter for vehicles or boats.
Garage, public. A building designed and used for the storage of automobiles and operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.
Gated subdivision. A subdivision in which access to the gated subdivision is restrictive by gates or other devices.
Governing board. The Town of Valdese Town Council
Government building. A building, use, or facility serving as a governmental agency office, police station, fire station, library, post office, or similar facility, but not including a vehicle storage yard, correctional facility, sanitary landfill, solid waste transfer, or disposal facility, wastewater treatment facility, educational or health institution, university, group home, or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.
Grade. An average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
Group living. The residential occupancy of a structure by a group of people who do not meet the characteristics of dwelling, multiple or multi-family. The size of the group will be larger than the average size of a household. Tenancy is arranged on a month-to-month basis or for a longer period. Uses where tenancy may be arranged for shorter periods are generally not considered group living. Generally, group living structures have a common eating area for residents. The residents may or may not receive any combination of care, training or treatment as long as they also reside at the site.
Hazardous material. Any substance listed as such in SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
Hillside subdivision. Land proposed to be subdivided which has a slope of sixteen percent (16%) or greater. That is an average difference in elevation of at least sixteen (16) feet in a horizontal distance of one hundred (100) feet. The average shall be obtained from at least fifteen (15) measurements, each twenty (20) feet from the next.
Home occupation. An occupation, service, profession, or enterprise carried on within a dwelling unit or accessory structure by a resident. Hobbies shall not be subject to the requirements of this section (see Section 9-3045).
Hospice and palliative care facility. A freestanding licensed facility(s) that provides palliative and supportive medical and other health services to meet the holistic needs of terminally ill patients and their families in an inpatient or group residential setting.
Hospital. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
Hotel. A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
Industrial development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for manufacturing, assembling, finishing, cleaning, or developing any product.
Inoperable vehicle. Any wrecked or non-operable automobile, truck, or another vehicle that does not bear a current license plate.
Junk yard. The use of more than four hundred (400) square feet of any lot for the outdoor storage and/or sale of waste paper, rags, scrap metal, or other junk, and including storage of inoperable motor vehicles and dismantling of such vehicles or machinery.
Kennel. Any premises wherein any person(s) engages in the business of boarding, breeding, buying, letting for hire, training for a fee, grooming, or selling of domestic pets.
Land use plan. A plan adopted by the town that designates future use or reuse of land through text and maps.
Landfill. A Class 3 Essential Services facility for the disposal of solid waste on land in a sanitary manner following G.S. Chapter 130A, Article 9. For this chapter, this term does not include composting facilities.
Landowner or owner. The holder of the title in fee simple.
Large brewery. A brewery with an annual beer production of over fifteen thousand (15,000) barrels and may contain a taproom/tasting room.
Loading, off-street. Space located outside of any street right-of-way or easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.
Local government. The Town of Valdese.
Lot. A parcel of land occupied or capable of being occupied by a main building or group of buildings and accessory buildings, together with such yards, open spaces, and lot areas as are required by this chapter, and having not less than the minimum required frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
Lot, corner. A lot adjoining on and at the intersection of two or more streets (see Article D).
Lot coverage. The percentage of a lot that may be covered with buildings or structures (excluding walks, drives, and other similar uses) and recreational facilities which are accessory to a permitted use (such as
swimming pools). Properties within the critical or protected areas as defined by the Water Supply Watershed Protection Act shall include walks, drives, and all other impervious and graveled surfaces in the total lot coverage.
Lot depth. The average horizontal distance between the front and rear lot lines.
Lot, double frontage, or through lot. A lot having its front and rear yards, each adjoining on a street (see Article D).
Lot, frontage. The linear distance by which a lot adjoins an approved public street (see Article D).
Lot, interior. A lot in which only one of its sides adjoins a street (see Article D).
Lot, landlocked. A lot that does not adjoin a public street or which otherwise does not meet the minimum street frontage requirements of the zoning district in which it is located.
Lot line. A property line dividing one lot from another or a street or other right-of-way (see Article D).
Lot of record. A lot which is described by reference to a recorded plat, or described by metes and bounds or similar method, the description of which has been so recorded by the Burke County Register of Deeds and which has been given a separate tax identification number by the Burke County Tax Mapping Department.
Lot, substandard. A lot that has less than the required minimum area or size as established by the zone in which it is located, and provided that such lot was of record as a legally created lot on the effective date of this chapter.
Lot width. The straight linear distance between the side lot lines, measured at the two points where the minimum building line, or setback line, intersects the side lot lines.
Major watershed variance. A variance from the minimum statewide water supply watershed protection criteria that results in any one or more of the following:
(1) Any variation in the design, maintenance, or operation requirements of a wet detention pond or other approved stormwater system;
(2) The relaxation, by a factor greater than ten (10) percent, of any management requirement under the low-density option;
(3) The relaxation, by a factor greater than five (5) percent, of any buffer or built-upon area requirement under the high-density option.
Manufactured home. A structure as defined in G.S. 143-147(7), being a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and for which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act.
For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its chassis and placement on a temporary or semi-permanent foundation having a measurement of over thirty-two (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 chassis that connect on-site for placement on a temporary or semi-permanent foundation having a measurement of over thirty-two (32) feet in length and over eight feet in width.
Manufactured home park. Any existing lot or parcel on which two (2) or more manufactured homes are used, leased or rented, or intended to be used, leased, or rented for occupancy. Existing manufactured home parks shall comply with Article G of the Valdese Zoning Chapter.
Manufacturing and production. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of parts, the creating of products, and the blending of materials, such as oils, plastics, resins, or liquors. Products are generally made for the wholesale market. Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.
Marina. A facility for the storing, servicing, fueling, berthing, and launching, and securing of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.
Massage therapy. The systematic and scientific manipulation and treatment of the soft tissues of the body for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting circulation and promoting health and physical well-being. The term includes, but is not limited to, the manipulation of the muscular structure of the body by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion, and nonspecific stretching. Massage therapy does not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
Microbrewery. A brewery that produces less than fifteen thousand (15,000) barrels of beer per year with a portion of its beer sold to the public.
Mini-warehouse. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
Minor watershed variance. A variance that does not qualify as a major variance from the minimum statewide watershed protection rules that results in relaxation by a factor up to five (5) percent of any buffer, density, or built-upon requirements under the high-density option; or that results in relaxation, by a factor up to ten (10) percent, of any management requirement under the low-density option.
Mixed-use. Commercial, office-institutional, and/or residential uses within the same building where each use is independent of the other use(s).
Modular home. A dwelling unit constructed under the standards outlined in the North Carolina State Building Code (NCSBC) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner like a manufactured home (except that the modular home meets the NCSBC) or may consist of a series of panels or room sections transported on a truck and erected or joined together on the site.
Motel. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
Multi-family building. See Dwelling, multiple or multi-family.
Neighborhood recreation. Public or private neighborhood, tennis, or other courts, swimming pools, or similar indoor and/or outdoor uses that are operated on a fee or membership basis primarily for the use of persons who reside in the neighborhood that the facility is located. "Neighborhood recreation" structures shall include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
Nonconforming building. Any building that does not meet the limitations on building size and/or location on a lot for the district in which such building is located and for the use to which such building is being put.
Nonconforming lot of record. A lot described by a plat or deed that was recorded prior to and lawfully existed before the adoption of this chapter but which does not meet the limitations on size, depth, width, street frontage, or other development requirements of the statewide watershed protection rules for the district in which such lot is located.
Nonconforming use. A lawful use of land that does not comply with the use regulation for its zoning district as defined by this chapter.
Non-residential development. All development other than residential development, agriculture, and silviculture.
Nursing home. A health care facility licensed by the state to provide long-term medical services according to the directives of a patient's physician and standards of quality set by the state and the facility. Nursing homes in North Carolina are staffed by professional personnel under the direction of a licensed nursing home administrator; they deliver a variety of medical and social services to their patients.
Office. A building or portion thereof wherein services are performed involving predominantly administrative, professional, or clerical operations.
Open space. Any front, side, or rear yards, courts, or usable open space provided around a building to meet the requirements of this chapter.
Open storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
Outdoor seasonal sales. Outdoor seasonal sales are temporary uses, which include but are not limited to outdoor Christmas tree sales, pumpkin sales, plant sales, and similar uses. Outdoor seasonal sales are not intended to include the sale of manufactured items such as furniture, bedding, automobile parts, or household goods (see Special use requirements).
Park. Any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking lot. Any designated area designed for temporary accommodation of motor vehicles of the motoring public in normal operating condition, for a fee, or as a service.
Parking, off-street. Space located outside of any street right-of-way or easement and designed to accommodate the parking of motorized domestic and commercial vehicles.
Parking space. A storage space of not less than nine feet by eighteen feet (9' x 18') for one automobile, plus the necessary access space. It shall always be located outside the designated street right-of-way.
Person. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, a public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
Pet. See Domestic pets.
Planned unit development (PUD). A development characterized by a unified site design for several buildings. The design is intended to provide for common open space and for a mix of building types and uses. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. The site plan must include two or more principal buildings. Such development shall be based on a plan that allows for flexibility of design most available under normal district requirements.
Planning and development regulations jurisdiction. The area within which the town is authorized to plan and regulate development according to the authority granted in G.S. Chapter 160D.
Planning board. Any board or commission established according to G.S. 160D-301.
Property. All real estate property subject to land-use regulation by the Town of Valdese. The term includes any improvements or structures customarily regarded as a part of real property.
Protected area (PA). Area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five (5) miles upstream of and draining to a water supply reservoir, or to the ridgeline of the watershed, whichever comes first; or within ten (10) miles of and draining to a water intake in a stream or river, or to the ridgeline of the watershed, whichever comes first.
Quasi-judicial decision. A decision involving the finding of facts regarding a specific application of development regulation 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, special use permits, and appeals of administrative determinations.
Recycling center. A building in which used material is separated and processed before shipment to others who will use those materials to manufacture new products.
Recycling collection point. A drop-off point for the temporary storage of recoverable resources. No processing of such items at the recycling collection point is allowed. Such facilities should generally be located in a shopping center parking lot or other public/quasi-public areas, such as churches and schools.
Recycling plant. A facility that is not a junkyard and in which recoverable resources, such as paper, glass, and metal products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for consumption.
Religious institution. A church, synagogue, temple, mosque, or other places of religious worship, including any accessory use or structure, such as a school, daycare center, or dwelling, located on the same lot.
Residential care facility. A building or facility used primarily to provide residential, social, and personal care for children, the aged, or others who suffer some limit on the ability for self-care, but where medical care is not a major service, such as adult daycare facilities, homes for the aged, rest homes and other like uses.
Residential development. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc.
Restaurant. An establishment in which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, and including establishments commonly referred to as cafes, grilles, taverns, clubs, private clubs, drive-ins, and fast food establishments.
Retail sales. Stores selling, leasing, or renting consumer, home, and business goods, including antiques, appliances, art, art supplies, bicycles, book, butcher, clothing, dry goods, electronic equipment, fabric, food sales, furniture, garden supplies, gifts, groceries, hardware, hobby, home improvement products, household products, jewelry, music, pets, pet food, pharmaceuticals, plants, printed material, stationery, sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light, and medium trucks and other recreational vehicles, shoes, sporting goods, toy, variety, videos, and including similar sale establishments.
Retail services. Establishments providing services, as opposed to products, to the general public for personal or household use, including an attorney, finance, insurance, and real estate offices; galleries, hotels, motels, restaurants, and health educational and social services, and including similar service establishments.
Satellite dish antenna. An antenna, three feet (3') or more in diameter, designed to receive television, radio, and other communication signals primarily from orbiting satellites.
Schools. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle high schools, and high schools.
Senior housing. Multi-family housing designed for and occupied by persons fifty-five (55) years of age or older.
Service station. See Automotive service station.
Setback. A line establishing the minimum allowable distance between the nearest portion of any or building, excluding the outermost five feet (5') of any overhang, uncovered porches, steps, gutters, and similar fixtures, and the related front, rear, or side property or right-of-way line, whichever is closest to the building. Sign setbacks shall apply to the entire sign, including any overhang or projection.
Sign. Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.
Definitions:
(1) Amortization. A provision requiring nonconforming signs to either become conforming or be removed within a set period, otherwise known as the amortization period.
(2) Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
(3) Building wall. The entire surface area, including windows and doors, of an exterior wall of a building. For this chapter, the area of a wall will be calculated for only the first three stories, or forty-five (45) feet in height of a building, whichever is less.
(4) Campaign or election sign. A sign that advertises a candidate or issue to be voted upon on a definite election day.
(5) Canopy. A permanent structure, not enclosed and not retractable, attached or unattached to a building, to provide shelter to patrons or motor vehicles, or as a decorative feature on a building wall.
(6) Changeable copy. Copy that is or can be changed in the field, either manually or through mechanical means, e.g., reader boards with changeable letters.
(7) Commercial message. A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities that are offered or exist for sale or hire.
(8) Copy. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.
(9) Farm product sales. Seasonal sale of farm products raised on the premises where products are sold only as an accessory to agricultural use.
(10) Grade. The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the sign.
(11) Linear frontage. The length of a property adjoining a public right-of-way from one side lot line to another.
(12) Logo. A business trademark or symbol.
(13) Out parcel. A parcel of land associated with a shopping center or multi-tenant development, which is designated on an approved site plan as a location for a free-standing structure with an intended use such as but not limited to, banks, savings and loans, dry cleaners, service stations, offices, restaurants, retail establishments, or combination of uses thereof, and adjoins the shopping center or multi-tenant development, or the parking and service drives associated with it, on any side adjacent to a public right-of-way.
(14) Parapet. A low wall encircling the perimeter of a flat building roof generally used to screen roof-mounted mechanical equipment.
(15) Planned development. A tract of land under a single corporation, partnership, or association ownership, planned and developed as an integral unit in a single development operation or a programmed series of development operations and according to an approved development plan (according to Article I).
(16) Premises. A parcel of real property with a separate and distinct identifying number shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established under applicable zoning. Out parcels of shopping centers shall be considered on the premises of the shopping center for this chapter.
(17) Roof line. The highest point of a flat roof or mansard roof and the lowest point of a pitched roof, excluding any minor projections or ornamentation.
(18) Sight distance triangle. The triangular area formed by the point of intersection of two street right-of-way lines and a point located along each right-of-way line at a distance of thirty-five (35) feet from the point of intersection.
(19) Sign. Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.
(20) Sign structure or support. Any structure that supports or is capable of supporting a sign.
(21) Sign types. The following are types of signs included in this chapter.
a. Banner. A sign intended to be hung, with a message or symbol applied to plastic or fabric of any kind, but excluding flags or emblems of any nation, organization of nations, state, city, or any fraternal, religious, or civic organization.
b. Bulletin board. A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, museum, community recreation center, or similar noncommercial place of public assembly.
c. Business sign. A sign that directs attention to a business, to a product sold, manufactured, or assembled, or to services or entertainment offered upon the premises where the sign is displayed; but not a sign about the preceding if such activity is only minor and incidental to the principal use of the premises.
d. Campaign or election sign. A sign that advertises a candidate or issue to be voted upon on a definite election day.
e. Canopy and awning signs. A sign attached to or painted or printed onto a canopy or awning. The permitted size of a canopy or awning sign will be calculated based on the size of the building wall to which the canopy is attached. It will, for measuring purposes, be considered a wall sign.
f. Construction sign. A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
g. Detached sign. Any sign that is not affixed or attached to a building and is securely and permanently mounted in the ground. Such a sign may be a ground-mounted sign or monument sign.
h. Directional or instructional sign. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
i. Directory sign. A sign that identifies multiple uses in a planned development on a single sign; may be used for shopping centers, shopping streets or arcades, office complexes, schools, churches, institutional or business campuses, and similar large complexes which have a variety of tenants and/or uses.
j. Electronic message sign. A sign capable of displaying words, symbols, figures, or images and that can be electronically or mechanically changed by remote or automatic means. Electronic message signs may be part of wall-mounted signs, ground-mounted signs, or window signs.
k. Ground mounted sign. A sign that extends from the ground or which has support that places the bottom thereof less than three (3) feet from the ground.
l. Government sign. Any temporary or permanent sign erected and maintained for any governmental purposes.
m. Flag. A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature.
n. Flashing sign. A sign that uses an intermittent or flashing light source to attract attention.
o. Identification sign. A sign that display only the name, address, and/or crest, insignia, trademark, occupation, or profession of an occupant or the name of any building on the premises.
p. Incidental sign. A sign used in conjunction with equipment or other functional elements of use or operation. These shall include, but not be limited to, drive-through-window menu boards; signs on automatic teller machines, gas pumps, or vending machines; or newspaper delivery boxes.
q. Memorial sign or plaque. A sign designating the name of a building and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into, or attached to a building surface.
r. Monument sign. A monolithic sign in which the bottom of the sign is flush with the ground.
s. Nonconforming sign. Any sign that was lawfully erected in compliance with applicable code provisions and maintained before the effective date of this chapter and which fails to conform to all applicable standards and restrictions of this chapter.
t. Off-premises sign. A sign that directs attention to a business, commodity, or service conducted, sold, or offered at a location other than the premises on which the sign is erected.
u. On-premises sign. A sign that directs attention to a business, commodity, or service that is conducted, sold or offered on the premises on which the sign is erected.
v. Outdoor advertising sign. A type of sign, generally, but not always, consisting of a rigidly assembled sign, display, or devise, usually free-standing, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters. Such signs, commonly referred to as "billboards," are generally designed so that the copy or poster on the sign can be changed frequently and the advertising space is for lease.
w. Planned development sign. A sign used in conjunction with an approved planned residential, office, business, industrial, or mixed-use development.
x. Portable or movable sign. A sign that is not permanently attached to the ground, a structure, or a building, and which can easily be moved from one location or another, for example, a sign on wheels.
y. Projecting sign. A sign that is affixed to a building and supported only by the wall on which it is mounted; considered a wall sign for purposes of this chapter.
z. Public interest sign. A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as warning and no trespassing signs.
aa. Real estate sign. Sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
bb. Primary sign. The main or principal sign is located on the premises.
cc. Roof sign. A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.
dd. Secondary business identification sign. An auxiliary wall sign, the purpose of which is to identify a business which is housed in the same structure as the principal business but which is subordinate to, and has separate ownership, management, and operation from, the principal business which occupies the building.
ee. Secondary sign. A sign used in addition to a primary sign on-premises.
ff. Temporary sign. A sign that is not permanently installed in the ground or affixed to any structure or building and which is erected for some time as permitted in this chapter.
gg. Temporary planned development sign. A sign that pertains to the development of a new commercial, residential, or mixed-use development while it is under construction.
hh. Vehicular sign. Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For this chapter, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other business purposes.
ii. Wall sign. Any sign directly attached to an exterior wall of a building or dependent upon a building for its support. Signs directly painted on walls shall be considered wall signs.
jj. Wall sign area. The wall sign area is the total square footage of all wall signs associated with a business or structure.
kk. Wall face area. Wall face area is the total square footage of a building front measured by the building height multiplied by the linear width of the building or store bay.
ll. Window sign. Any sign attached to or directly applied onto a window or glass door of a building intended for viewing from the exterior of the building.
Single-family home. See Dwelling, single-family.
Single family residential. Any development where: 1) no building contains more than one dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than one dwelling unit.
Site plan. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height, and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that apply to the project and the site plan review.
Site specific vesting plan. A plan submitted to the Town of Valdese under Section 9-3041 and subject to the provisions of G.S. 160D-108.1 describing with reasonable certainty the type and intensity of use for a specific parcel or parcels.
Special use permit. A permit which authorizes development or land uses in a particular zoning district which, upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards as well as compliance with specific standards, would promote the public health, safety, and general welfare. The term includes permits previously referred to as conditional use permits.
Story. The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above. In computing the height of a building, the height of a basement or cellar shall not be included where more than one-half of the height of such basement or cellar is below the average adjoining grade.
Street (public road, lane, way, terrace, drive). A dedicated and accepted public right-of-way used, or intended to be used, for passage or travel by motor vehicles which affords the principal means of access to adjoining properties.
Street, private. Any right-of-way or area set aside to provide vehicular access that has not been accepted for maintenance or intended to be accepted for maintenance by the Town or the State of North Carolina and which is not maintained by the Town or the State of North Carolina. An entity other than the Town, such as property owners, homeowner's association, community group, property management company, or similar type of organizations, shall be responsible for upkeep and maintenance.
Structural alterations. Any change, except for repair or replacement, in the supporting members of a structure, such as but not limited to bearing walls, columns, beams, or girders.
Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including buildings, sheds, carports, swimming pools, shelters, decks, patios, fences, business signs, and billboards and similar structures.
Subdivision. The division of land for sale or development as specified in G.S. 160D-802.
Subdivision regulation. A subdivision regulation authorized by G.S. Chapter 160D, Article 8.
Taproom/tasting room. A room and use that is ancillary to a brewery, microbrewery, or brewpub maintained for tasting, selling, and consumption of malt beverages manufactured on premise.
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 (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b).
Temporary portable building. A building intended for non-residential use for a limited period, consisting of one or more modules constructed off the ultimate site of use and transported to that site either on its wheels or otherwise.
Temporary uses and structures, including seasonal markets. See Outdoor seasonal sales.
Ten-acre exempt development. A division of land that meets the statutory exemption from subdivision regulations as outlined in G.S. 160D-802(a)(2), whereby all tracts are greater than ten (10) acres and where no street right-of-way dedication is involved. A ten-acre development must adjoin a public street and shall not exceed five-building parcels.
Truck terminal. A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored
Two-family dwelling. See Dwelling, two-family.
Vape shop. An electronic nicotine delivery system (ENDS) establishment specializing in the selling of a variety of products, including ENDS devices, replacement pieces, hardware, E-liquid, and other ENDS-related products.
Variance, zoning. Permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do. Subject to other provisions of this chapter and North Carolina General Statutes, the Board of Adjustment may permit a variance from certain provisions of this chapter upon making the findings outlined in Article XI of this chapter.
Veterinary hospital or clinic. A use or structure intended or used primarily for the testing and treatment of the physical disorders of animals; not principally used for the overnight boarding or grooming of well animals; not permitting outdoor cages, pens, or runs for the confinement of animals unless expressly permitted in the district; and not used for the training of animals. The operator shall be licensed by and under the control of the North Carolina State Veterinary Medical Board.
Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purposes, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water-dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)
Watershed Administrator. An official designated by the town responsible for administration and enforcement of this article. This term shall also include the term "Zoning Enforcement Officer."
Watershed variance. A permission to develop or use property granted by the Board of Adjustment or Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.
Winery. A building or property that produces wine, which may include a tasting room.
Yard. A space on the same lot with a principal building, open, unoccupied, and unobstructed by building or structure from ground to sky except where encroachment and accessory buildings are expressly permitted.
Yard, front. An open space on the same lot between the principal building facade and the closer of the front street right-of-way line or property line extending the full width of the lot.
Yard, rear. An open space between the rear line of the principal building and the rear line of the lot and extending the full width of the lot.
Yard, side. An open, unoccupied space on the same lot with a principal building between the sideline of the building and the side line of the lot and extending from the front yard line to the rear yard line.
Zoning map amendment or rezoning. An amendment to a zoning regulation to change the zoning district that is applied to specified property or properties. The term also includes (1) the initial application of zoning when land is added to the territorial jurisdiction of the Town of Valdese that has previously adopted zoning regulations; and (2) the application of an overlay zoning district. The term does not include (1) the initial adoption of a zoning map by the Town of Valdese; (2) the repeal of a zoning map and re-adoption of a new zoning map for the entire planning and development regulation jurisdiction; or (3) 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.
Zoning Enforcement Officer. The town official responsible for enforcement and administration of this chapter. This term shall also include the terms "Watershed Administrator" and "Zoning Administrator"."
Zoning permit. A permit issued by the Zoning Administrator indicating compliance with the requirements of this chapter. This term shall also include the term "Watershed Protection Permit."
Zoning regulation. A zoning regulation authorized by G.S. Chapter 160D, Article 7. (Ord. of 1/10/05; Ord. of 11/5/07; Ord. of 12/6/10; Ord. of 12/3/12; Ord. of 12/1/14; Ord. of 6/29/15; Ord. of 3/3/16; Ord. of 4/4/16; as amended by Ord. of / /; Ord. of 6/28/21)