For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS EASEMENT. An easement which grants the right to cross property.
ACCESSORY USE(S). A structure or use that:
(1) Is clearly incidental to and customarily found in connection with a principal building or use;
(2) Is subordinate to and serves a principal building or a principal use;
(3) Is subordinate in area, extent or purpose to the principal building or principal use served;
(4) Contributes to the comfort, convenience or necessity of occupants, business or industry, in the principal building or principal use served; and
(5) Is located on the same zone lot as the principal building or use served.
BUILDABLE OR ZONE LOT. One or more lots of record in 1 undivided ownership with sufficient total area, exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and access to permit construction thereon of a principal building together with its required parking and planting yards.
COUNTY. Refers to Vance County, North Carolina.
DEVELOPER. Any person, firm, trust, partnership, association or corporation engaged in development or proposed development of a manufactured home park.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavations or drilling operations or storage of equipment or materials.
DEVELOPMENT PLAN. A plan prepared in accordance with § 152.061. Sufficient detail and sufficient accuracy shall be used in the preparation of the plan of the existing physical characteristics of the project property, the proposed changes in those characteristics or proposed uses of the project property to enable a full and comprehensive review of the proposed development. The plan shall be for the purpose of obtaining permits or approvals pursuant to this chapter.
EASEMENT. A grant of 1 or more property rights, by the property owner, to or for use by the public, a corporation or other entities.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. The word LOT includes PLOT, PARCEL or TRACT.
LOT OF RECORD. A lot, plot, parcel or tract recorded in the Office of the Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation.
MANUFACTURED HOME. A factory-built structure that is composed of 1 or more components, each of which is manufactured or constructed under the authority of 42 U.S.C. § 5401, the National Manufactured Home Construction and Safety Standards Act, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheel or axles. A mobile home is not a MANUFACTURED HOME. A recreational vehicle or travel trailer is not a MANUFACTURED HOME.
MANUFACTURED HOME DEVELOPMENT. A general category of development that includes manufactured home subdivisions and manufactured home parks.
MANUFACTURED HOME PARK. A parcel of land under single ownership on which 3 or more manufactured homes are located, where spaces are offered for use, lease or rent for the purpose of locating manufactured homes. Also referred to as LAND-LEASE or RENTAL COMMUNITIES. A group development site with required improvements and utilities for the long-term location of manufactured homes which may include services and facilities for the residents.
MANUFACTURED HOME SPACE. A designated area of land within a manufactured home park designed for the accommodation of a single manufactured dwelling home in accordance with the requirements of this chapter.
MANUFACTURED HOME SUBDIVISION. A subdivision designed and/or intended for the sale of lots for siting manufactured homes. MANUFACTURED HOME SUBDIVISIONS shall conform to the same land development and site improvement standards that apply to conventional subdivisions.
MOBILE HOME.
(1) A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976.
(2) A MOBILE HOME does not meet the criteria for a manufactured home. A recreational vehicle or travel trailer is not a MOBILE HOME.
MODULAR HOME. A factory-built home certified as meeting the North Carolina Building Codes and associated codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as a site-built home.
MOTOR VEHICLE, JUNKED.
(1) A motor vehicle that does not display a current license plate and is 1 or more of the following:
(a) Is partially dismantled or wrecked;
(b) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(c) Is more than 5 years old and appears to be worth less than $100.
(2) Provided, any motor vehicle used on a regular basis for business or personal use shall not be caused to be removed or disposed.
NONCONFORMING. A lot, structure, sign or use of land which is now prohibited under the terms of this chapter, but was lawful at the date of this chapter’s enactment, or any amendment or revision thereto.
NONCONFORMING LOTS(S). A lot of record that does not conform to the dimensional requirements of the zoning district in which it is located. The nonconformity may result from adoption of this chapter or any subsequent amendment.
NONCONFORMING STRUCTURE(S). A structure that does not conform to the requirements of this chapter. The nonconformity may result from adoption of this chapter or any subsequent amendment.
OWNER. Any holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
PLANNING DEPARTMENT. The Planning Department of the county.
PRINCIPAL USE(S). The primary purpose or function that a lot or structure serves or is proposed to serve.
PRIVATE SEWER. A system which provides for collection and/or treatment of wastewater from a development or property, and which is not maintained with public funds.
PRIVATE STREET. A vehicular travelway not dedicated or offered for dedication or use as a public street, but resembling a cul-de-sac or a local street by carrying traffic from a series of driveways to the public street system.
PRIVATE WATER. A system which provides for the supply and/or distribution of potable water for use by a development, project or owner, and which is not operated or maintained by a government organization or utility district; also, a community water system. A water supply that serves a community that is not an incorporated municipality. This includes unincorporated communities, subdivisions and/or manufactured home parks.
PUBLIC SEWER. A system which provides for the collection and treatment of sanitary sewage from more than 1 property and is owned and operated by a government organization or sanitary district.
PUBLIC STREET.
(1) A dedicated public right-of-way for vehicular traffic which either has been accepted by NCDOT for maintenance; or is not yet accepted, but in which the roadway design and construction have been approved under public standards for vehicular traffic.
(2) Alleys are specifically excluded.
PUBLIC WATER. A system which provides distribution of potable water for more than 1 property and is owned and operated by a government organization or utility district.
RECREATIONAL VEHICLE. A vehicle which is built on a single chassis, designed to be self-propelled or permanently towable by a light-duty vehicle, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
SETBACK. The minimum required horizontal distance between a structure or activity and the property line, street right-of-way line or street centerline.
SHALL. Intended to indicate a mandatory requirement.
SIGHT DISTANCE EASEMENT. An easement which grants to the Board of County Commissioners the right to maintain unobstructed view across property located at a street or lane intersection.
SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance, commonly expressed as 2:1.
SOIL SCIENTIST. A person who practices soil science and is licensed in accordance with G.S. Chapter 89F.
SOLID WASTE. Garbage, refuse and other discarded solid materials.
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, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines and communication lines.
TENANT. Any person who alone, jointly or severally with others occupies a building under a lease or holds a legal tenancy.
THOROUGHFARE PLAN. A plan adopted by the Board of County Commissioners for the development of existing and proposed major streets that will adequately serve the future travel needs of an area in an efficient and cost-effective manner.
TRACT. All contiguous land and bodies of water in 1 ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at 1 time.
USE. The purpose or activity for which land or structures is designed, arranged or intended, or for which land or structures is occupied or maintained.
UTILITY EASEMENT. An easement that grants the Board of County Commissioners or other utility providers the right to install and thereafter maintain any and all utilities, including but not limited to water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.
VARIANCE. A modification of the terms of this chapter, where, owing to conditions peculiar to the property, a literal enforcement of this chapter would result in an unnecessary hardship and requiring the official permission from the Board of Adjustment to depart from the requirements of this chapter.
WAIVER. Official permission from any designated body, other than the Board of Adjustment, to depart from the requirements of this chapter.
(Ord. 3 Art. 8, passed 9-14-1998)