§ 156.015 DEFINITIONS.

   (A)   Interpretation. In the construction of this chapter, the word interpretations and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word usage shall apply:

      (1)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

      (2)   The word SHALL is mandatory and not discretionary.

      (3)   The word MAY is permissive.

      (4)   The word PERSON includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.

      (5)   The word LOT shall include the words PIECE, PARCEL, TRACT, and PLOT.

      (6)   The word BUILDING includes all structures of every kind, except fences and walls, regardless of similarity to buildings.

      (7)   The phrase USED FOR shall include the phrases ARRANGED FOR, DESIGNED FOR, INTENDED FOR, and OCCUPIED FOR.

      (8)   The word MAP or ZONING MAP shall mean the official zoning map(s) of Vance County, North Carolina.

      (9)   The term BOARD OF ADJUSTMENT shall mean the Zoning Board of Adjustment of Vance County, North Carolina.

   (B)   Definitions.

      ABUTTING. Having property or zone lines in common; i.e., 2 lots are abutting if they have property lines in common. Lots are also considered to be abutting if directly opposite each other and separated by a street, alley, railroad right-of-way, or stream.

      ABANDONMENT. That the use, structure, building, or sign is not used occupied or otherwise operating for the intended nonconforming activity for the period specified in §§ 156.070 through 156.075. Periods of active re-modeling during which the use is closed for repairs should not be considered in determining abandonment, provided the remodeling is completed within a reasonable time period as indicated on the zoning permit issued for re-modeling the nonconforming use. ABANDONMENT OF SIGNS shall mean having electricity disconnected for lighted signs, no message, or the failure to repair damaged signs.

      ACCESS. A way of approaching or entering a property. ACCESS also includes ingress, the right to enter, and egress, and the right to leave.

      ACCESSORY BUILDING, STRUCTURE, or USE. A building, structure, or use, not including signs, which is:

         (a)   Conducted or located on the same zoning lot as the principal building, structure, or use, except as may be specifically provided elsewhere in the chapter;

         (b)   Clearly incidental to, subordinate in area and purpose to, and serves the principal use; and

         (c)   Either in the same ownership as the principal uses or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

      ACTIVE SOLAR SYSTEM. A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.

      ADULT ENTERTAINMENT ESTABLISHMENT. Includes clubs and eating and drinking establishments with nude or seminude entertainment or dancing; physical culture establishments, such as but not limited to massage parlors, etc.; and establishments that include adult bookstores, adult motion picture theaters, adult motels and hotels, and similar establishments depicting/emphasizing sexual activities and/or nudity.

      ADULT ENTERTAINMENT ESTABLISHMENT. Includes clubs and eating and drinking establishments with nude or seminude entertainment or dancing; physical culture establishments, such as but not limited to massage parlors, etc.; and establishments that include adult bookstores, adult motion picture theaters, adult motels and hotels, and similar establishments depicting/emphasizing sexual activities and/or nudity.

      AFFECTED LAND (relating to mining). The surface area of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and selling ponds.

      AGRICULTURE. The practice of cultivating the soil, producing crops, and raising livestock; such as but not limited to dairying, pasturage, viticulture, horticulture, hydroponics, floriculture, aquaculture, truck farming, orchards, forestry, and animal and poultry husbandry. However, the operation of any accessory uses shall be secondary to that of the normal agricultural activities. See definition of BONA FIDE FARM for complete listing of activities included within the definition of AGRICULTURE.

      AGRICULTURE SUPPORT AND SERVICES (AGRI-BUSINESS). Any support or service (agri-business) store or any such use where the primary activity is supplying farm hardware, seed, fertilizer, and/or that provides tractor or other agricultural equipment sales/service.

      AGRI-TOURISM. A type of tourism, as a commercial practice, in which farmers provide their farms as a venue for tours of the farming operations and/or making the operation available to overnight guests. This type of commercial venture allows visitors and guests the opportunity to experience "what it's like to live on a farm, to see how food is produced and gain an appreciation for natural ecosystems." This practice also provides farmers with additional operating income to assist in preserving their respective farms operations as well as preserving such farmlands and their native ecosystems.

      AIRPORT. A use that includes facilities for the flying of aircraft and their maintenance for the private use of an individual and those used by ultra-light aircraft. This definition includes flight schools.

      ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general traffic.

      ALTER. To make any structural changes in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders, or floor joists.

      ANIMATED SIGN. 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.

      ANTENNA. Any exterior transmitting or receiving device that radiates or captures electromagnetic waves (excluding radar signals).

      APARTMENT. A room or suite of rooms intended for use as a residence by a single household or family. Such a dwelling unit may be located in an apartment house, duplex, or as an accessory use in a single family home or a commercial building.

      APARTMENT HOTEL. A hotel in which at least 90% of the hotel accommodations are occupied by permanent guests.

      APARTMENT HOUSE. A building containing 3 or more dwelling units, except where permitted as an accessory use.

      ASSEMBLY. A joining together of completely fabricated parts creating a finished product.

      AUTOMOBILE REPAIR SERVICES.  An establishment primarily engaged in 1 or more of the following activities:

         (a)   General automotive repair or service;

         (b)   Automotive engine repair;

         (c)   Installation or repair of automotive transmissions;

         (d)   Installation or repair of automotive glass;

         (e)   Installation or repair of automotive exhaust systems;

         (f)   Repair of automotive tops, bodies and interiors; and

         (g)   Automotive painting and refinishing.

      AUTOMOBILE SERVICE STATION (GAS STATION). Any building or land used for the dispensing, sale, or offering for sale at retail any automobile fuels along with accessories such as lubricants or tires, except that car washing, mechanical and electrical repairs, and tire repairs shall only be performed incidental to the conduct of the service station and are performed indoors. There shall be no fuel pumps within 15 feet of any property line or street right-of-way and incidental activities shall not include tire re-treading, major bodywork, major mechanical work, or upholstery work.

      BANNER. A sign or outside advertising display having the character, letters, illustrations, ornamentations, symbol, color, or visual representation applied to cloth, paper, vinyl, fabric, plastic, or like kind of malleable material with or without frame. Banners may be of permanent or temporary nature, if permanent it shall be rigidly mounted to a pole or a building by rigid frame at two or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

      BED AND BREAKFAST. A form of temporary housing for travelers with breakfast included, but no other meals available (no restaurant, but a dining room may be used by overnight guests only, which is open only during breakfast hours).

      BERM. Any elongated earthen mound designed or constructed to separate, screen, or buffer adjacent land uses.

      BEST MANAGEMENT PRACTICES (BMP'S). BMP's are structural, managerial, or vegetative practices that are used to protect and improve surface water, groundwater, and overall water quality. These practices can utilize rock rip-rap to stabilize stream banks, could include establishing grasses and plants on raw soils, could incorporate gravel-lined livestock stream crossings, silt fencing, and seeding/mulching. There are 3 categories of BMP's, which include:

         (a)   Structural. Include physical structures/materials that are used to protect water quality and slow water velocities to prevent soil erosion (rock rip-rap, silt fence, check dams, water diversions, retention-detention basins, grade stabilizations).

         (b)   Managerial. Cover how projects are implemented, primarily the order and fashion of carrying out a project (organic material disposal, maintenance of other BMP's, sweeping to collect sediment, construction practices to limit/prevent soil erosion).

         (c)   Vegetative. Used to prevent soil erosion/establish ground cover, stabilize eroding soils (seeding, mulching, sod, tree planting, soil management, grass waterways).

      BOARD OF ADJUSTMENT. As created by ordinance, the convening body of members appointed by the Vance County Board of Commissioners charged with hearing and deciding on special use permits, variances of ordinance regulations, and appeals from orders and interpretation of the Zoning Administrator.

      BOARD OF COUNTY COMMISSIONERS. The governing body of Vance County.

      BOARDING HOUSE. A building other than a hotel, inn, or motel, where, for compensation, meals are served and lodging is provided.

      BONA FIDE FARM.  

         (a)   For purposes of this chapter, the terms AGRICULTURE, AGRICULTURAL, and FARMING refer to all of the following:

            1.   The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.

            2.   The planting and production of trees and timber.

            3.   Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing.

            4.   Aquaculture as defined in G.S. § 106-758.

            5.   The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation.

            6.   When performed on the farm, AGRICULTURE, AGRICULTURAL, and FARMING also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm.

            7.   A public or private grain warehouse or warehouse operation where grain is held 10 days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain.

         (b)   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:

            1.   A farm sales tax exemption certificate issued by the Department of Revenue.

            2.   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.

            3.   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.

            4.   A forest management plan.

            5.   A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

         (c)   This chapter does not impose nor exercise any controls over croplands, timberlands, pasturelands, orchards, idle (land that is currently not cultivated or that is fallow-currently unplanted for crops) or other farmlands. Nor does it exercise control over any farmhouse, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on said farms, as long as such houses shall be in the same ownership as the farm and located on the farm. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this chapter.

      BUFFER. A fence, wall, hedge, or other planted area or device used to enclose, screen, or separate one use or lot from another.

      BUILDABLE AREA (BUILDING ENVELOPE). The space remaining on a lot after the minimum open-space requirements (yards, setbacks) have been met.

      BUILDING. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, and attached or unattached carports consisting of roof and supporting members, and similar structures whether stationary or movable.

      BUILDING MARKER. A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface, or made of bronze or other permanent material.

      BUILDING, PRINCIPAL (MAIN). A building in which is conducted the principal use of the plot on which it is situated.

      BUILDING FOOTPRINT. The portion of a lot's area that is enclosed by the foundation of buildings, plus any cantilevered upper floor.

      BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the building. Spires, cupolas, chimneys, antennae attached to a building, and/or projections from buildings, radios, TV, communications, telecommunication, and water towers are not to be included in the calculations of building height.

      BUILDING-INTEGRATED SOLAR SYSTEM. An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. BUILDING-INTEGRATED SYSTEMS include, but are not limited to, photovoltaic or hot-water solar systems that are contained within roofing materials, windows, skylights, and awnings.

      BUILDING LOT COVERAGE. The amount of net lot area or land surface area, expressed in terms of a percentage that is covered by all principal buildings.

      BUILDING SETBACK LINE. The line on the front, rear, and sides of a lot, set according to the zone regulations, which delineates the areas upon which a structure may be built or maintained. At the time of application, all yard setbacks are determined from the most recent Vance County Official Tax Map.

         (a)   Front yard setback. Shall be measured from the roadway right-of-way as shown on tax maps.

         (b)   Side and rear yard setbacks. Shall be measured from the property lines as shown on tax maps.

         (c)   Corner lot setbacks. Shall be measured from the roadway right-of-ways it is adjacent to as on a flag lot, the BUILDING SETBACK LINE runs parallel to the street and is measured from the point in the main portion of the lot (i.e. the "flag" part of the lot, not the "pole" part), which is closest to the street (minimum lot width must be met in this area, as well; if the point closest to the street is a corner rather than a line, the setback will have to extend as far as necessary to meet the required minimum lot width).

      BUILDING SETBACKS. The minimum distance from the property line, right-of-ways, and/or easements to closest projection of the exterior face of buildings, walls, or other form of construction (i.e. decks, landings, terraces, porches, and patios on grade).

      BUILT-UPON AREA. Shall include that portion of a development project that is covered by impervious or partially impervious surfaces, including buildings, pavement, gravel roads, recreation facilities (e.g. tennis courts), etc. (Note: Wooded slatted decks, golf courses, and the water area of a swimming pool are not considered built-upon area).

      CAMP or CARE CENTER. A facility licensed by the State of North Carolina, which consists of one or more buildings, located on at least 20 acres of land, which provides accommodations for more than 9 individuals and where the activities of those individuals predominantly occur in supervised groups.

      CAMPER. A structure manufactured of metal, wood, canvas, plastic, or other materials, or any combination thereof, mounted on wheels, which includes a living area and is designed for travel, recreation or vacation use. A CAMPER is not designed or intended to be used as a permanent dwelling and is synonymous with a RECREATIONAL VEHICLE. See also RECREATIONAL VEHICLE.

      CAMPGROUND. Land upon which shelters (such as tents, travel trailers, campers, and recreational vehicles) are erected or located for occupation by transients and/or vacationers. It may include such permanent structures and facilities as are normally associated with the operation of a campground.

      CANOPY, MARQUEE, or AWNING. A roof-like cover extending over a sidewalk, walkway, driveway, or other outdoor improvement for the purpose of sheltering individuals or equipment from the weather. An awning is made of fabric or some flexible fabric-like substance. Canopies and marquees are rigid structures of a permanent nature.

      CANOPY SIGN. Any sign which is a part of or attached to an awning, canopy or other fabric-like or plastic protective structure which is extended over a door, window, or entranceway. A marquee is not a canopy.

      CAR WASH. A building, or portion thereof, containing facilities for washing automobiles or other vehicles, using production line methods with a chain conveyor, blower, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of automobiles, whether washing is performed by the operator or by the customer.

      CEMETERY, CHURCH. All graves and crypts shall be set back at least 30 feet from all exterior property lines, and provided that no burial lots are sold on a commercial basis.

      CEMETERY, COMMERCIAL. All graves and crypts shall be set back at least 30 feet from all exterior property lines, and provided that no burial lots are sold on a commercial basis.

      CEMETERY, FAMILY. All graves and crypts shall be set back at least 30 feet from all exterior property lines, and provided that no burial lots are sold on a commercial basis.

      CERTIFICATE OF OCCUPANCY. An official certification that a premise conforms to provisions of the State Building Code and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied, but a certificate may be issued for a portion of a structure ready for occupancy, such as separate dwelling or commercial units in a structure with multiple units.

      CLUB OR LODGE (PRIVATE, NONPROFIT, CIVIC, OR FRATERNAL). A nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. A board of directors, executive committee, or similar body chosen by the members conducts the affairs and management of such PRIVATE CLUB or LODGE. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, and local laws.

      CLUSTER DEVELOPMENT. A development process that keeps land in agriculture or open space, and protects natural resources, by requiring buildings to be concentrated on a specified, proportional area of a total acreage. For this definition (and as relates to planned unit development - PUD) for zero side and/or rear yard setbacks (townhouse and/or condominium development), a zero side and/or rear yard setback is within the development only and does not refer to the setbacks that abut adjoining properties (relates to the sides of dwelling units that face open paces areas).

      COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. This definition does not include company nameplates or logos on instructional signs.

      COMMON OPEN SPACE. A parcel or parcels of land, or an area of water, or a combination of both land and water, within the site designated for development and designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas. COMMON OPEN SPACE shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development.

      CONDOMINIUM. A dwelling unit in which the ownership of the occupancy rights to the dwelling unit is individually owned or for sale to an individual, and such ownership is not inclusive of any land.

      CONSTRUCTION SIGN. A sign on a construction site during the period of construction on which is printed or written the name of the owner, developer, contractor, architect, planner, engineer, or development title.

      CONTRACTOR. One who accomplishes work or provides facilities under contract to another. The major portion of a contractor’s work normally occurs outside and away from his business location. As used in this chapter, the term CONTRACTOR does not include general assembly, fabrication, or manufacture at his business location.

      CONTROLLED-ACCESS HIGHWAY. A roadway which, in accordance with state and federal guidelines, is designed to give preference to through traffic by providing access connections at interchanges or selected public roads only, with no direct access from private roads or driveways and with no crossing at grade, including any interstate, state, or U.S. route.

      CONVALESCENT HOME (NURSING HOME). An institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A CONVALESCENT HOME is a home for chronic or nursing 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 CONVALESCENT HOME provides care for persons who have remedial ailments or other ailments for which continuing medical and skilled nursing care is 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. A major factor that distinguishes convalescent homes is that the residents will require the individualization of medical care.

      CONVENIENCE CENTER. A county owned, operated and maintained or privately owned, but county operated and maintained site for the collection of residential waste and recycling.

      CONVENIENCE STORE. A commercial building where a variety of items are sold, which may include food, magazines, automobile accessories and maintenance supplies, and other such items. In addition to the commercial building, other services on the premises may include gasoline sales, and a coin operated (automated) car wash.

      CONVERSION. Changing the original purpose of the building to the different use.

      COVENANT. A private legal restriction on the use of land, which is contained in the deed to the property or otherwise formally recorded. There may be certain legal requirements for formal establishment of a covenant such as a written document, a mutual interest in the property, that the covenant be concerned with the use of the land rather than individual characteristics of ownership, etc.

      DAY CARE FACILITY (ADULTS AND CHILDREN). A place other than an occupied dwelling, which provides for the care of children or adults. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. All state registration requirements and inspections shall be met. If children are the primary clients of the day care home the following shall apply: Any child care arrangement where 3 or more children under 13 years of age receive care away from their own home by persons other than relatives, guardians, or full-time custodians, or in the child’s own home where other unrelated children are in care. Child day care does not include seasonal recreational programs operated for less than 4 consecutive months. Child day care also does not include arrangements that provide only drop-in or short-term child care for parents participating in activities that are not employment related and where the parents are on the premises or otherwise easily accessible.

      DAY CARE HOME (ADULTS AND CHILDREN). A dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and are not dependents of the occupant, do not reside on the site. For the purpose of this chapter, such activities shall meet all requirements for home occupations. All state registration requirements and inspections shall be met. If children are the primary clients of the day care home the following shall apply:

         (a)   Includes child care centers, family child care homes, and any other child care arrangement not excluded by G.S. § 110-86(2), which provides day care on a regular basis at least once a week for more than 4 hours, but less than 24 hours, per day for more than 5 children under the age of 13 years, not including the operator’s own school-aged children. It does not matter where it is located, whether the same or different children attend, and whether or not operated for profit.

         (b)   The following are not included: public schools; nonpublic schools, as described in G.S. § 110-86(2); summer camps having children in full-time residence; summer day camps; specialized activities or instruction such as athletics, clubs, the arts, etc.; and Bible schools normally conducted during vacation periods.

      DAY-NIGHT LEVEL (DNL). A measure of noise that is an outdoor, day-night average (a weighted sound level).

      dBA. The sound pressure level, in decibels, as measured using the impulse mode and “A” weighting network on a precision sound level meter.

      DEDICATION. The transfer of property from private to public ownership with no compensation involved.

      DENSITY. The average number of families, persons, housing units, or buildings per unit of land.

      DRIP LINE. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

      DRIVEWAY. A private roadway located on a parcel or lot used for vehicle access.

      DWELLING. Any building, structure, manufactured home or mobile home, or portion thereof designed, arranged, or used or intended to be used for human habitation. The term DWELLING shall not be deemed to include a travel trailer, motel, hotel, tourist home, or other structures designed for transient or seasonal vacation residence.

      DWELLING, ATTACHED. A dwelling that is joined to another dwelling at 1 or more sides by a party wall or walls.

      DWELLING, DETACHED. A dwelling that is entirely surrounded by open space on the same lot.

      DWELLING, DUPLEX. A building containing 2 dwelling units, other than where a second dwelling unit is permitted as an accessory use.

      DWELLING, MULTIFAMILY. A building containing 3 or more dwelling units, except where permitted as an accessory use.

      DWELLING, SINGLE FAMILY. A building containing 1 dwelling unit only, but may include 1 separate unit as an accessory use to be occupied only by employees or relatives of the household. This definition does not include manufactured home. (See definition of MANUFACTURED HOME in this section).

      DWELLING UNIT. One or more rooms, which are arranged, designed, or used as living quarters for 1 family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each DWELLING UNIT.

      EASEMENT. A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give an easement on his property to allow utility facilities like power lines or pipelines, to allow light to reach a neighbor’s windows, or to allow access to another property.

      ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or an 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 by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, beach sweepstakes or cybercafés. This does not include any lottery approved by the State of North Carolina.

      ELECTRONICALLY CONTROLLED MESSAGE SIGN. 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, and any message or display remains stationary for a minimum of two seconds. Any sign on which the message or display runs continuously in the travel mode and/or on which any message or display does not remain stationary for a minimum two seconds shall be considered a flashing sign.

      ERECT. Build, construct, erect, rebuild, reconstruct, or re-erect any building or other structure.

      FABRICATION. Manufacturing, excluding the refining or other initial processing of basic raw materials, such as metal, ores, lumber, or rubber. FABRICATION relates to stamping, cutting, or otherwise shaping the processed materials into useful objects.

      FALL ZONE BUFFER. A land buffer around a tower base to provide for containment of the tower to the site in the event that it falls.

      FAMILY. One or more persons related by blood, marriage, or adoption living together as a single housekeeping unit. For the purpose of this chapter, such persons may include gratuitous guests, also persons living together voluntarily as a family in a dwelling as a single housekeeping group.

      FAMILY CARE HOME. A facility that provides health, counseling, or related services, including room, board, and care, to 6 or fewer handicapped persons in a family-type environment. These handicapped persons include those with physical, emotional, or mental disabilities, but not those who have been deemed dangerous to themselves or to others.

      FENCE, SECURITY. A fence designed to keep out unauthorized persons and kept locked when the area or facility is not in use or under observation. Security fences are often equipped with a self-closing and positive self-latching mechanism.

      FIREARM. A weapon, including but not limited to pistols, rifles, and shotguns, capable of firing a projectile using an explosive charge as a propellant.

      FIRING LINE. A line parallel to a target from which firearms or arrows are discharged.

      FLAG LOT. An irregularly shaped lot where the buildable area of the lot is connected to its street frontage by an arm of the lot.

      FLASHING SIGN. A type of animated sign which contains an intermittent, blinking, scintillating, or flashing light source, or which includes the illusion of intermittent or flashing light, or an externally mounted intermittent light source. An electronically controlled message sign is not a flashing sign.

      FLOOR. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

      FLOOR AREA (for determining off-street parking and loading requirements). The gross total horizontal area of all floors below the roof, including usable basements, cellars, and accessory storage areas such as counters, racks, or closets, but excluding, in the case of nonresidential facilities, arcades, porticos, and similar areas open to the outside air which are accessible to the general public and which are not designed or used as areas for sales, display, storage, service, or production. However, FLOOR AREA, for the purpose of measurement for off-street parking spaces shall not include: floor area devoted to primarily storage purposes (except as otherwise noted above); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor other than area devoted to retailing activities, to the production or processing of goods, or business or professional offices.

   FLOOR AREA, GROSS.  The total floor area enclosed within a building.

      FREESTANDING SIGN. Any sign which is supported by structures or supports which are placed on, or anchored in the ground, and which structures or supports are independent from any building or other structure.

      FREESTANDING TOWER. All towers which are placed on an independent base, and erected without support from other structures. (Examples include: monopole towers, and lattice/cage towers). NOTE: Guy-wires are not used in freestanding towers.

      FRONTAGE. All of the real property abutting a street line measured along the street right-of-way.

      FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading/unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. (Term does not include long-term storage, manufacture, sales, service facilities).

      GARAGE, COMMERCIAL. Any building or premises, except those described as a private or parking garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale. If the garage is listed as a business in the Tax Assessor’s Office by January 31 or each year and consists of 2 acres, 6 additional motor vehicles may be allowed.

      GARAGE, PARKING. Any building or premises, other than a private or commercial garage, used exclusively for the parking or storage of motor vehicles.

      GARAGE, PRIVATE. A building or space used as an accessory to, or a part of, the main building permitted in any residential zone, providing for the storage of motor vehicles, and in which no business, occupation, or service for profit is conducted, except in an approved home occupation.

      GAS STATION. See AUTOMOBILE SERVICE STATION.

      GENERAL STORE. A retail establishment (up to 5,000 square feet) that contains limited amounts of a wide variety of goods for retail sale, including, but not limited to, milk, eggs, gloves, gardening supplies, fishing tackle, ice cream and food snacks, refrigerated beverages, etc. It may contain a small grill for food preparation but no indoor seating area. Does not have fuel pumps.

      GOVERNMENTAL SIGN. 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.

      GREENHOUSES (private - to include gardening). A small facility where plants are grown for personal use, not for retail or commercial sale.

      GREENHOUSES AND NURSERIES (COMMERCIAL). An establishment primarily engaged in the retail sale of 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, but may sell some plants which are grown at the establishment.

      GREENWAY. A corridor of open space that connects different parts of a community (county) and offers opportunities for walking, bicycling, other forms of passive recreation, and non-motorized transportation. Greenways help to promote a pollutant-free environment in reducing the need for modes of travel dependent on fuel.

      GRID-TIED SOLAR SYSTEM. A photovoltaic solar system that is connected to an electric circuit served by an electric utility company.

      GROUNDCOVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.

      HEIGHT. For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified.

      HELIPORT. A use that includes facilities for the flying of helicopters and associated rotary-wing aircraft and their maintenance for the private use of an individual and those used by flight schools.

      HISTORIC STRUCTURE. Any structure 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 zone or a zone preliminarily determined by the Secretary to qualify as a registered historic zone;

         (c)   Individually listed on a state inventory of historic places;

         (d)   Individually listed on a local inventory of historic places in communities 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 CARE UNIT. A facility meeting all the requirements of the State of North Carolina for boarding and care of not more than 5 persons who are not critically ill and do not need professional medical attention, and is located on a lot of at least 1 acre in size.

      HOME FOR THE AGED or REST HOME. A place for the care of aged and infirmed persons whose principal need is a home with such sheltered and custodial care as their age and infirmities require. In such homes, medical care is only occasional or incidental, such as may be required in the home of any individual or family for persons who are aged and infirm. The residents of such homes will not, as a rule, have remedial ailments or other ailments for which continuing skilled planned medical and nursing care is indicated. A major factor distinguishing those homes is that the residents may be given congregate services (distinguished from individualization of medical care required in "patient" care). A person may be accepted for sheltered or custodial care because of a disability, which does not require continuing, planned medical care, but which does make him unable to maintain himself in individual living arrangements. For the purposes of this chapter, a HOME FOR THE AGED shall also be considered a REST HOME.

      HOME OCCUPATION. Any occupation or profession carried on entirely within a dwelling or accessory building on the same lot by 1 or more occupants thereof, providing the following (no retail sales permitted):

         (a)   That such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

         (b)   That no more than 25% of the total floor area of the dwelling is used for such purposes;

         (c)   That there is no outside or window display;

         (d)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the home occupation other than 1 non-illuminated sign, not exceeding 3 square feet in area.

         (e)   That no mechanical or electrical equipment is installed or used other than is normally used for domestic, professional, or hobby purposes, or for infrequent consultation or emergency treatment; and

         (f)   That not more than 1 person not a resident of the dwelling is employed in connection with the home occupation. A doctor or dentist may have 1 nurse or receptionist employed in his office.

         (g)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and required parking shall be met off the street and other than in a required front yard.

         (h)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

      HOME OCCUPATION OF AN INDUSTRIAL OR COMMERCIAL NATURE. A home occupation in a rural area that may be of a heavier commercial or industrial nature than a typical home occupation. The business owner resides on the premises, but the amount of floor area used and the type of equipment used may be different than the standard home occupation and more than 1 person not a resident of the dwelling may be employed. Such home occupations may include commercial or industrial uses listed in the Table of Permitted Uses, § 156.033.

      HORSE FARM. A bona fide farm that, as a primary activity, conducts business by engaging in any 1 or more of the activities of breeding, training, buying, selling, showing, racing, and boarding of horses, including associated accessory activities.

      HOTEL. A building or other structure kept, maintained, advertised as, or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants. Rooms are furnished for the accommodation of such guests, and the hotel may or may not have 1 or more dining rooms, restaurants, or cafes where meals are served. Such sleeping accommodations and dining rooms, restaurants, or cafes, if existing, are located in the same building. Entry to sleeping rooms shall be from the interior of the building.

      IDENTIFICATION SIGN. A permanent sign announcing the name of a subdivision, manufactured home park, campground/RV park, multifamily or townhouse development, planned unit development, church, school, park or quasi-public structure or facility.

      IMPERVIOUS SURFACE AREA. That portion of the land area that allows little or no infiltration of precipitation into the soil. Impervious areas include, but are not limited to, that portion of a development project covered by buildings, areas paved with concrete, asphalt, or brick, gravel roads, patios, driveways, streets, and recreation facilities such as tennis courts (wooden slatted decks and the water area of a swimming pool are considered pervious). See example illustration:

      IMPERVIOUS SURFACE RATIO. The algebraic ratio calculated to determine the percentage of open land versus built-upon area on any tract(s) of land used for the purpose of actual or anticipated residential or nonresidential development.

      INCIDENTAL SIGN. A sign that provides only information for the convenience and necessity of the public. Company logos may be displayed on such signs but must not occupy more than 25% of the sign area. Incidental signs include directories, entrance, exit and other necessary directional signs.

      INCOMPATIBLE USE. A use or service that is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous, or discordant.

      INDUSTRIAL PARK. A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

      INN (shall also refer to what is termed a Country Inn). An establishment meeting the definition of hotel except that it is designed for a more leisurely paced lifestyle with no more than 25 guestrooms, and with a maximum of 10% of the total floor area (excluding guestrooms and hallways) in use as accessory commercial uses, such as gift shops, newsstands, or restaurants.

      INOPERATIVE VEHICLE. Any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this chapter, any vehicle that is registered with the North Carolina Division of Motor Vehicles with a current North Carolina motor vehicle registration license affixed to it shall not be considered inoperative.

      INTERESTED PERSONS AND/OR PARTIES.  

         (a)   In reference to filing for a variance, rezoning, and/or special use permit (definition shall also apply to the quasi - judicial process of hearings held by the Board of Adjustments, G.S.§ 160D-406), unless otherwise specified in this chapter, applications for review and approval may be initiated by an interested person/party who is:

            1.   The owner of the property that is the subject of the application;

            2.   The owner's authorized agents; or

            3.   Any review or decision-making body (inclusive of the Board of Commissioners, Board of Adjustment, and Planning Board) as specified in this chapter.

         (b)   When an authorized agent files an application under this section on behalf of a property owner, the agent shall provide the county with written documentation that the owner of the property has authorized the filing of the application. When review or a decision-making body initiates action under this chapter, it does so without prejudice toward the outcome.

      JUNKYARD. Any area, in whole or in part, where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, vehicles, rubber tires, and bottles. A JUNKYARD includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings. A JUNKYARD for vehicles is defined as 4 or more junk, inoperable or unlicensed vehicles stored on the property. See definition of GARAGE, COMMERCIAL for exception.

      KENNEL. Any facility used for the purpose of boarding animals, not including horses, cattle, swine, sheep, goats, geese or peafowl. Kennels may conduct other such incidental activities, such as the sale of animals, treatment of the animals, grooming or cleaning, and the sale of pet supplies. This definition shall include any establishment wherein any person engages in business or practice, for fee, of boarding, breeding, grooming, letting for hire, or training of more than 3 domesticated animals at any 1 time; or an establishment wherein any person engages in the business or practice, for a fee, of selling more than 1 litter of domesticated animals at any 1 time or the selling of any 3 individual domesticated animals (not defined as litter herein) at any 1 time. DOMESTICATED ANIMALS, for the purpose of this chapter, shall be defined as dogs, cats, and other generally accepted household pets. LITTER, for the purpose of this chapter, shall be defined as the offspring resulting from the breeding of 2 domesticated animals. The following shall not constitute the operation of a kennel as defined above and in no way shall this provision regulate the following (for personal use):

         (a)   The ownership of domesticated animals as household pets;

         (b)   The ownership of domesticated animals for hunting or tracking purposes;

         (c)   The ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trials; and

         (d)   The ownership of domesticated animals for the purpose of protection or guarding of residences or commercial establishments.

      LANDFILL, DEMOLITION. A landfill facility for stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth and other solid wastes resulting from construction, demolition or land clearing.

      LANDFILL, LAND CLEARING INERT DEBRIS, (LCID) MAJOR. A landfill facility, greater than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash, as defined in 15A NCAC 13B.0101

      LANDFILL, LAND CLEARING INERT DEBRIS, (LCID) MINOR. A landfill facility, less than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash as defined in 15A NCAC 13B.0101.

      LANDFILL, SANITARY. A facility where waste material and refuse is placed in the ground in layers and covered with earth or some other suitable material each work day. Sanitary landfills shall also conform to requirements of 15A NCAC 13B regarding solid waste management.

      LANDSCAPED AREA. A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas can include, but are not limited to, natural areas, buffers, lawns, and plantings.

      LATTICE/CAGE TOWER. A structure consisting of connected sections of metal supports. Towers of this type typically are 250 - 300 feet in height and require no supporting guy-wires.

      LIFE CARE CENTER. A facility which combines the functions of any combination of a retirement community, rest home, nursing home, and convalescent home, providing residential facilities for independent living, assisted care, and, possibly, nursing care.

      LOADING AREA OR SPACE, OFF-STREET. An area logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in computing required off-street parking space.

      LOT. A parcel of land in undivided ownership occupied, or intended for occupancy, by a main building or group of main buildings together with any accessory buildings, including such yards, open spaces, width, and area as are required by this chapter, either shown on a plat of record or described by metes and bounds and recorded with the Register of Deeds. For the purpose of this chapter, the word LOT shall be taken to mean any number of contiguous lots or portions thereof, upon which 1 or more main structures for a single use are erected or are to be erected and their accessory buildings.

      LOT, CORNER. A lot abutting the intersection of 2 or more streets or a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot at the apex meet at any angle of less than 135 degrees. In such a case the apex of the curve forming the corner lot shall be considered as the intersection of street lines for the purpose of this chapter, such as in corner visibility requirements.

      LOT, DEPTH. The depth of a lot is the average distance between the front and back lot lines measured at right angles to its frontage and from corner to corner.

      LOT, INTERIOR. A lot other than a corner lot.

      LOT, THROUGH. An interior lot having frontage on 2 streets.

      LOT, WIDTH. The straight line distance between the points where the building setback line intersects the 2 side lot lines.

      LOT LINES. The lines bounding a lot. Where a lot of record includes a right-of-way, the lot lines are presumed not to extend into the right-of-way.

      LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Vance County Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds by the owner or predecessor in title thereto.

      MACHINE AND WELDING SHOP. This industry comprises establishments known as machine shops primarily engaged in machining metal parts on a job or order basis. Generally machine shop jobs are low volume using machine tools such as lathes (including computer numerically controlled); automatic screw machines; and machines for boring, grinding, and milling. This industry also comprises establishments primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. Establishments in this industry either sharpen/install commercial and industrial machinery blades and saws; or provide welding (e.g., automotive, general) repair services; or repair agricultural and other heavy and industrial machinery and equipment (e.g., forklifts and other materials handling equipment ,machine tools, commercial refrigeration equipment, construction equipment, and mining machinery).

      MANUFACTURED HOME. A factory-built structure composed of 1 or more components, each of which is manufactured or constructed under the authority of 42 United States Code Section 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, a recreational vehicle or travel trailer are 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 the Vance County Manufactured Housing Ordinance, Chapter 152 of this Code.

      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.

      MENU SIGN. A permanent on-premises sign located at businesses that provide drive-up or drive-through services such as fast food restaurants, banks, laundries, etc. Menu signs shall be located so as not to create vehicle stacking problems which will interfere with the flow of traffic.

      MINI-WAREHOUSE/STORAGE FACILITIES. A building, or group of buildings, in a controlled access and/or fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of a customer's goods or wares. No sales, service, or repair activities other than the rental of storage, as defined in this section) units are permitted on the premises.

      MINING. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores or other solid matter. Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid matter from their original location. The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial or construction use. Mining does not include:

         (a)   Those aspects of deep mining not having significant effect on the surface, where the affected land does not exceed 1 acre in area.

         (b)   Excavation or grading when conducted solely in aid of on-site farming or of on-site construction for purposes other than mining, such as constructing a residence, garage, commercial or industrial building.

         (c)   Mining operations where the affected land does not exceed 1 acre in area.

         (d)   Plants engaged in processing minerals produced elsewhere and whose refuse does not affect more than 1 acre of land.

         (e)   Removal of overburden and mining of limited amounts of any ores or mineral solids when done only for the purpose and to the extent necessary to determine the location, quantity, or quality of any natural deposit, provided that no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business, and provided further that the affected land resulting from any exploratory excavation does not exceed 1 acre in area.

      MOBILE HOME. 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. A mobile home does not meet the criteria for a manufactured home. A recreational vehicle or travel trailer is not a mobile home.

      MOBILE OFFICE. A structure identical to a mobile home, as defined in this section, or a modular home, as defined in this section, that has been converted to, or originally designed and constructed for, commercial or office use.

      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.

      MONOPOLE TOWER. A single pole structure that supports telecommunication equipment. These towers are typically less than 200 feet in height. Said towers have been shown to be resistant to wind and ice conditions that could cause tower collapse.

      MOTEL. A building or other structure kept, maintained, advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants and where rooms are furnished for the accommodation of such guests. Entry to sleeping rooms may be from the interior or exterior of the building. Food may be served in dining rooms, restaurants, or cafes, which may be located in the same building as the sleeping rooms or may be in 1 or more separate buildings.

      NONCONFORMING LOT. A lot existing at the effective date of this chapter or any amendment to it (and not created for the purpose of evading the restrictions of this chapter) that cannot meet the minimum area or lot width or depth requirements of the zone in which the lot is located.

      NONCONFORMING SIGN. Any sign that does not conform to size, height, location, design, construction, or other requirements of this section. The nonconformity may result from adoption of this chapter or any subsequent amendment.

      NONCONFORMING USE. The use of a building, mobile home, or land which does not conform to the use regulation of this chapter for the zone in which it is located, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated.

      NONCONFORMITY, DIMENSIONAL. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure, or the relationship between an existing building or buildings and other buildings or lot lines (i.e. setbacks), does not conform to the regulations applicable to the zone in which the property is located.

      NUISANCE.  Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses (sight, smell, touch, hearing, and taste).

      OFF-GRID SOLAR SYSTEM. A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.

      OFF-PREMISE OUTDOOR ADVERTISING. Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary system or other public right of way, whether the same be permanent or portable installation.

      ON-PREMISES SIGN. A sign that 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. ON-PREMISES SIGNS include pole and ground mounted signs.

      OPAQUE. In reference to screening, buffering, and fencing, this term shall mean "not able to be seen through from one side to the other".

      ORDINANCE. This, the zoning chapter, including any amendments. Whenever the effective date of the chapter is referred to, the reference includes the effective date of any amendment to it.

      OUTDOOR DISPLAY. The placement of merchandise normally associated with the commercial or industrial use outside for public display.

      OUTDOOR STORAGE. The placement/storage of goods, equipment, or material, such as junk vehicles, junk appliances and other such items, trash, and other debris outside of an enclosed building for a period of more than 48 consecutive hours shall be considered outdoor storage. OUTDOOR STORAGE does not refer to licensed vehicles in use by the person occupying the property, or other minor/incidental storage, such as items specifically designed for outdoor use including; lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses.

      PARKING LOT OR AREA.  An area or plot of land used for, or designated for, the parking or storage of vehicles, either as a principal use or as an accessory use.

      PARKING SPACE. A storage space of not less than 160 square feet for 1 automobile, plus the necessary access space.

      PARKING SPACE, OFF-STREET. A parking space located outside of a dedicated street right-of-way.

      PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

      PHOTOVOLTAIC SYSTEM. An active solar energy system that converts solar energy directly into electricity.

      PLANNED UNIT DEVELOPMENT (PUD). A form of development usually characterized by a unified site design for a number of housing units, clustering buildings, providing common open space, density increases, and mix of building types/land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. For this definition (and as relates to cluster development) for zero side and/or rear yard setbacks (townhouse and/or condominium development), a zero side and/or rear yard setback is within the development only and does not refer to the setbacks that abut adjoining properties (relates to the sides of dwelling units that face open paces areas).

      POLITICAL SIGN. A sign advertising a candidate or issue to be voted upon on a specific election day, which is attached to the ground by a stake or stakes, but which excludes any other sign defined as a portable sign. See TEMPORARY SIGN definition below, this type of sign shall not be placed more than 30 days prior to the event/election and must be removed within 10 days following the event/election.

      PORTABLE SIGN. A sign not permanently attached to any surface.

      PRE-EXISTING TOWER. Any tower erected or for which a permit has been issued prior to the effective date of this chapter.

      PRIVATE ROAD OR STREET. Any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public.

      PROFESSIONAL OR OCCUPATIONAL SIGN OR NAME PLATE. A sign that publicizes and directs attention to a home occupation, rural family occupation, or to a profession.

      PROJECTING SIGN. Any sign that is end mounted or otherwise attached to an exterior wall of a building that forms an angle with said wall.

      PROPERTY. All real property, or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or a group of buildings are to be constructed which is subject to the land-use regulations of the county.

      REAL ESTATE SIGN. A sign that advertises the sale, rent, or lease of property.

      RECREATIONAL VEHICLE.  

         (a)   A vehicle which is:

            1.   Built on a single chassis;

            2.   Four hundred square feet or less when measured at the largest horizontal projection;

            3.   Designed to be self-propelled or permanently towable by a truck; and

            4.   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

         (b)   Recreational vehicles and camping trailers shall not be used as temporary living quarters for more than 90 days in any 12-month period except if these are placed in an approved RV/Camper park or in the event of an emergency or disaster when a governmental grant/program provides a temporary recreational vehicle while the damaged/destroyed home is being replaced. Recreational vehicles must be ready, willing, and able to move off-site within 48 hours.

      RIGHT-OF-WAY. An area owned and maintained by a municipality, the State of North Carolina, a public utility, a railroad, or a private entity for the placement of such utilities and/or facilities for the passage of vehicles/pedestrians, including roads, pedestrian walkways, utilities, or railroads.

      SATELLITE DISH ANTENNA (EARTH STATION). A dish antenna, or earth station, is defined as an accessory structure and shall mean a combination of:

         (a)   Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

         (b)   A low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

         (c)   A coaxial cable whose purpose is to carry the signals into the interior of the building.

      SELF-SERVICE GASOLINE PUMP. A gasoline or diesel fuel dispensing pump, which is, operated by the customer who pays the charge to an attendant or cashier.

      SELF-SUPPORTING TOWER. See FREESTANDING TOWER.

      SETBACK. The required minimum distance between every structure and the lot lines of the lot on which it is located (measured from the road right of way in the front and property lines on the remaining portions of the property).

      SHOPPING CENTER. A commercial area with 1 or more buildings or lots and designed as a unit to house 2 or more businesses offering products and/or services to the public.

      SHOOTING RANGE FACILITY. A public or private facility, including individual shooting ranges, safety fans or shotfall zones, structures, parking areas, and other associated improvements, designed for the purpose of providing a place for the discharge of various types of firearms or the practice of archery. Does not include incidental target practice areas on private property.

      SHOOTING STATION. A fixed point from which firearms or arrows are discharged.

      SIGN. Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, or trade names or trademarks by which anything is known (including any surface, fabric or other material or structure designed to carry such devices such as are used to designate or attract attention to an individual, firm, an association, a corporation, a profession, a business, or a commodity or product) which are exposed to public view and used to attract attention.

      SIGN AREA. The area of a sign shall be measured in conformance with the following:

         (a)   The area of the face of a sign shall be calculated to include the outermost part that forms the shape or display. Necessary supports and trim moldings shall not be included when calculating the area of the sign. Aprons below advertising signs shall not exceed 3 feet in height. Aprons the sign company responsible for the sign.

         (b)   In computing the area of a sign, standard mathematical formulas for common regular geometric shapes (triangle, parallelogram, circle and ellipse, or combinations thereof) shall be used.

         (c)   In the case of an irregularly shaped sign or a sign with letters and/or symbols affixed to or painted, displayed or incorporated into or upon a wall, canopy, awning or decorative facade of a building, the area of the sign shall be the area within the singular continuous perimeter, outlining the limits of the writing, representation, emblem, or any figure of similar character.

         (d)   Back-to-back and V-type signs mounted so as to be connected and not spread more than 15 feet will be considered as one sign location when calculating horizontal separation between signs.

Advertising signs (billboards) shall not be stacked, horizontally or vertically.

      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.

      SITE PLAN. A plan, to scale, with supporting text showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes such things as lot lines, streets, building sites, reserved open space, buildings, major landscape features - both natural and manmade and depending on requirements, the locations of proposed utility lines.

      SOLAR COLLECTOR (ACCESSORY). A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into another source for direct power consumption and interconnection with the power grid to offset energy consumption of a principal use. The device may be roof-mounted or ground-mounted as an accessory use.

      SOLAR COLLECTOR (SURFACE). Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

      SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

      SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. SOLAR ENERGY SYSTEMS may include, but not be limited to, solar farms and any of several devices that absorb and collect solar radiation for use as a source of energy.

      SOLAR FARM. A facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption. Also referred to as a solar energy generation facility, solar power plant or solar photovoltaic farm.

      SOLAR-MOUNTING DEVICES. Devices that allow the mounting of a solar collector onto a roof surface or the ground.

      SOUND MANAGEMENT PROGRAM FOR AGRICULTURAL LAND AND HORTICULTURAL LAND (per G.S. § 105-277.3).  

         (a)   If the property owner demonstrates any one of the following factors with respect to agricultural land or horticultural land, then the land is operated under a sound management program:

         1.   Enrollment in and compliance with an agency administered and approved farm management plan;

         2.   Compliance with a set of best management practices;

         3.   Compliance with a minimum gross income per acre test;

         4.   Evidence of net income from the farm operation;

         5.   Evidence that farming is the farm operator's principal source of income;

            6.   Certification by a recognized agricultural or horticultural agency within the county that the land is operated under a sound management program.

         (b)   Operation under a sound management program may also be demonstrated by evidence of other similar factors. As long as a farm operator meets the sound management requirements, it is irrelevant whether the property owner received income or rent from the farm operator.

      SOUND MANAGEMENT PROGRAM FOR FORESTLAND (PER G.S. § 105-277.3). If the owner of forestland demonstrates that the forestland complies with a written sound forest management plan for the production and sale of forest products, then the forestland is operated under a sound management program.

      SPECIAL USE. A use that, given special characteristics related to its operation or installation, is permitted in a zone subject to approval by the Board of County Commissioners, and subject to special requirements, different from those requirements for the zone in which the special use may be located. When required, a special use permit:

         (a)   Shall have, as its purpose, to create a set of conditions under which a certain use could become compatible or acceptable, which current regulations do not allow.

         (b)   Shall have the process is to allow review of all pertinent information by the public, technical staff members, appointed officials and elected officials and to allow each entity the opportunity to suggest, or require, conditions which will mitigate the adverse impact of the use.

         (c)   Shall not be construed to be a variance to any existing regulation.

         (d)   Does not waive or alter any portion of the existing regulations.

         (e)   Additional requirements shall be specific to the use or structure under consideration.

         (f)   As a request, shall specify the nature of the proposed development and shall propose conditions to assure compatibility between the development and the surrounding neighborhood. General requirements would include:

            1.   A request for a special use permit shall be considered only upon request by the property owner(s).

            2.   All standards and requirements shall be met, except to the extent that the conditions imposed are more restrictive than that standard or requirement.

            3.   The use shall not endanger the public health or safety if located where proposed and developed according to the plan submitted.

            4.   Additional requirements shall be specific to the use or structure under consideration.

            5.   No alterations to the use or structure shall be permitted, except as specifically reviewed and approved.

            6.   Changes shall require a new request and shall be treated as a new and separate request.

            7.   The use shall not injure the value of adjoining or abutting property or the use is a public necessity.

            8.   The location and character of the use, if developed according to the plans submitted, will be in harmony with the area in which it is to be located and generally in conformity with the County’s Land Use Plan.

      START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home, as defined in this section, modular or a mobile home, as defined in this section, on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

      STEALTH TOWER.  A hidden tower, where the telecommunication equipment is placed in such a way as to not be obvious (typically incorporated into the supporting structure and assumes the color, texture, and appearance of the supporting structure as in placement in/on a church steeple, a water tower, or on a tall building).

      STORAGE. The deposition of commodities/items for the purpose of future use or safekeeping.

      STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it.

      STREET.  

         (a)   A thoroughfare, which affords the principal, means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley. Examples of street classifications are as follows:

            1.   Subcollector street. Street whose principal function is to provide access to abutting properties, but which is also designed to be used or is used to connect local streets with collector or higher classification streets.

            2.   Public street. Dedicated public right-of-way for vehicular traffic which:

               a.   Has been accepted by NCDOT for maintenance; or

               b.   Is not yet accepted, but in which the roadway design and construction have been approved under public standards for vehicular traffic. Alleys are specifically excluded.

            3.   Private street. Vehicular travelway not dedicated or offered for dedication 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.

            4.   Cul-de-sac street. Short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.

            5.   Local street. Street with primary function to provide access to abutting properties.

            6.   Private lane. Private cul-de-sac for vehicular traffic serving 4 or fewer residential lots in a minor subdivision, maintained pursuant to G.S. § 136-102.6.

            7.   Private drive. Vehicular travelway not dedicated or offered for dedication as a public street, providing access to parking lot(s) for 2 or more principal buildings in a group housing or group nonresidential development.

            8.   Collector street. Street whose principal function is to carry traffic between cul-de-sac, local, and subcollector streets, and streets of higher classification, but which may also provide direct access to abutting properties.

            9.   Major thoroughfare street. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.

            10.   Minor thoroughfare street. Minor thoroughfares collect traffic from collector, subcollector, and local streets and carrying it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property.

         (b)   A dedicated and accepted public right-of-way for vehicular traffic. The word STREET shall include the word ROAD. This definition shall include reference to a PRIVATE ROAD (a vehicular right-of-way and street or road not intended for dedication to or maintenance by NCDOT or other appropriate public agency) and PUBLIC ROAD (a dedicated public right-of-way for vehicular traffic which:

            1.   Has been accepted by 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). Alleys are specifically excluded.

      STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, except for repair or replacement.

      STRUCTURE. Anything constructed or erected, including a building; a manufactured (modular) or mobile home; storage tank for gases or liquids; or any other permanent or temporary, man-made facilities, including swimming pools, walls, signs, and storage buildings.

      SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development whether immediate or future and includes all division of land involving the dedication of a new street or change in existing streets; however, the following is not included within this definition and are not subject to any regulations enacted pursuant to the Vance County Subdivision Ordinance (Exemptions):

         (a)   The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;

         (b)   The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved;

         (c)   The public acquisition by purchase of strips of land for widening or opening streets;

         (d)   The division of a tract into single ownership where the entire area is no greater than 2 acres, into not more than 3 lots, if no street right-of-way dedication is involved and if the Subdivision Ordinance; and

         (e)   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.

      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See also SUBSTANTIAL IMPROVEMENT.

      SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

         (a)   Any project of improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

         (b)   Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

      SURFACE DANGER ZONE. Any area that may reasonably expect projectile impact resulting from direct fire, including misdirected and accidental discharges, and ricochets from any firearm or bow, which takes into consideration all mitigation efforts as submitted by the applicant and determined by a certified engineer.

      TARGET. Any object or area which is used as the intended recipient of the projectiles fired from a firearm or bow.

      TELECOMMUNICATION TOWER. Any structure designed and built to support 1 or more antennae, including self-supporting and guyed lattice/cage towers, or monopole towers used for the support of PCS and cellular mobile services. This definition does not address commercial radio and television towers and does not include personal satellite dishes or amateur radio antennas.

      TEMPORARY. Anything temporary is to exist less than 6 months.

         (a)   Commercial, temporary outdoor sales include uses such as flea markets, auctions, and fireworks sales tents.

         (b)   Temporary miscellaneous sales include such uses other than flea markets, auctions, fireworks sales tents, but does not include what are termed yard/garage sales (no restrictions imposed on small scale/individual home yard/garage sales).

      TEMPORARY SIGNS. Temporary signs are those signs (inclusive of banners as defined in this section) that relate to such events as elections, farm auctions, yard sales, agricultural production sales, annual charitable, civic or fraternal events, horse shows; festivals, bona fide grand openings and model home show openings.

      TOURIST HOME. Any dwelling occupied by the owner or operator in which rooms are rented to guests, for lodging of transients and travelers for compensation, and where food may be served, other than a bed and breakfast.

      TOWER HEIGHT. The vertical distance measured from the ground to the uppermost point of the tower, including the antennas and lightning rod.

      TOWER SETBACK. A buffer between the tower structure and adjoining property owners.

      TOWNHOUSE. A dwelling unit as part of a structural arrangement of 4 or more single family attached dwellings joined by common walls on not more than 2 opposite sides with the uppermost story being a portion of the same dwelling located directly beneath at the grade or first floor level and having exclusive individual ownership and occupant rights of each dwelling unit including, but not limited to, the land area directly beneath the dwelling. Said units shall have separate entrances to the outside and are entirely separated from each other by walls that meet North Carolina Building Standards.

      TRAILER. Any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time. TRAILERS shall include the following:

         (a)   House trailer. A vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation, or vacation purposes, having a body width 10 feet or less or a body length 32 feet or less when equipped for road travel.

         (b)   Camping trailer. A folding structure manufactured of metal, wood, canvas, plastic, or other materials, or any combination thereof, mounted on wheels and designed for travel, recreation, or vacation use.

         (c)   Trailer. A vehicle hauled by another vehicle and designed to transport vehicles, boats, or freight.

      TRANSMISSION LINE, HIGH VOLTAGE ELECTRIC POWER. A line transmitting, or designed to transmit, electricity of 66,000 or more volts, including poles, guys, wires, towers, and appliances, but not including transformer stations or substations.

      UNDER STORY. The small trees, shrubs, and other vegetation growing beneath the canopy of forest trees.

      USE. Any continuing or repetitive occupation or activity taking place upon a parcel of land or within a building including, but not limited to: residential, manufacturing, retailing, offices, public services, recreational, and educational.

      VARIANCE. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area, and size of a structure or size of yards and open space.

      WALL SIGN. A sign which is attached to a wall or facade of a building or canopy.

      WARNING SIGN. Any sign with no commercial message that displays information pertinent to the safety or legal responsibilities of the public such as signs warning of ‘high voltage’, ‘no trespassing’, and similar directives.

      WETLANDS. Those areas that are defined as wetlands by the United States Army Corps of Engineers from time to time

      WOODLANDS. Undeveloped land except for roads and utilities and contains stands of native trees.

      YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

      YARD, FRONT (HIGHWAY YARD). A yard across the full width of the lot extending from the front line of the building.

      YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

      YARD, SIDE. An open space on the same lot with a building, between the building and the side line of the lot, extending through, from the front building line, to the rear of the lot.

      ZERO LOT LINE. A concept commonly used in planned unit developments where individual commercial buildings or dwellings, such as townhouses (row houses) and patio homes, are to be sold, along with the ground underneath and perhaps a small yard or patio area. Such commercial or residential units are located in buildings with 2 or more units per building, usually including common walls. With zero lot line, the minimum requirements for lot area and yards need not be met and construction can take place up to the lot line.

      ZONING. A police power measure, enacted primarily by general-purpose units of local government, in which the community is divided into zones or zones within which permitted and special uses are established, as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from zone to zone, but they must be uniform within zones. The zoning ordinance consists of 2 parts - a text and a map.

      ZONING ADMINISTRATOR. The official person charged with the administration of this chapter. This definition may include other zoning enforcement officers; both the positions of the Administrator and the Enforcement Officer are sworn positions.

      ZONING DISTRICT. An area established by this chapter where the individual properties are designed to serve compatible functions and to be developed at compatible scales.

      ZONING PERMIT. An official certification that a premise, site plan, building or land conforms to provisions of this chapter and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a permit is issued, a building permit cannot be issued by the County Planning and Development Department

(Ord. 39, passed 10-3-2011; Am. Ord. passed 1-7-2013; Am. Ord. passed 1-7-2013; Am. Ord. passed 12-1- 2014; Am. Ord. passed 3-6-2017; Am. Ord. passed 3-11-2019; Am. Ord. passed 10-7-2019; Am. Ord. 5-3-2021)