For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure.
ADULT ESTABLISHMENT. Any principal or accessory structure or use of land which meets the definition of adult establishment as set forth in G.S. §§ 14-202.10 et seq., but excluding license massage therapy.
ALLEY. A public way which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.
ALTERATION. Includes the following:
(1) Any addition to the height or depth of a building or structure;
(2) Any change in the location of any of the exterior walls of a building or structure; and
(3) Any increase in the interior accommodations of a building or structure.
APARTMENT. A part of a building consisting of a room or rooms intended, designed or used as a residence by an individual or single family.
APARTMENT, GARAGE. A part of a garage consisting of a room or rooms intended, designed or used as a residence by an individual or single family.
APPRAISED VALUE. The market value, which has been last determined by the county in which the property is for ad valorem tax purposes.
BARBER SHOP/BEAUTY SHOP. Intensive land uses that use chemicals to treat and dye hair. They need to meet all requirements set forth by N.C. Board of Barbers and G.S. Chapter 86A.
BED AND BREAKFAST. A dwelling unit or part thereof where the owner or operator shares a common facility, for profit, with individuals, on a temporary basis. Unlike a boarding house, individuals stay for a night or two rather than for weeks or months. This is a dwelling unit, not a commercial establishment such as a motel or hotel.
BUFFER STRIP. A planting strip at least ten feet in width; composed of evergreen trees or shrubs which at maturity shall be not less than 12 feet in height. The BUFFER STRIP shall be planted and maintained in a healthy growing condition by the property owner who, under the terms of this chapter, is required to provide the BUFFER STRIP. A fence with a minimum height of six feet, designed to obstruct the view, may be required in some instances. No building or part of a building, no driveway or parking area, shall occupy any part of the buffer strip.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure having a roof supported by columns or walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of two BUILDINGS by means of an open porch, breezeway, passageway, carport or other such structure, with or without a roof, shall not be deemed to make them one BUILDING.
BUILDING, (CUSTOMARY) ACCESSORY. A building located on the same lot with a principal building, subordinate to the principal building on the lot, and used for purposes clearly incidental to those of the principal building on the lot.
BUILDING FRONTAGE. The total length in linear feet of an establishment’s portion of a building that fronts directly on a street, regardless of whether such portion of the building is functionally the front, rear, end or side of the building. Buildings without street frontage shall use the linear frontage of the building’s principal entrance. This definition shall apply to all sides of a building that fronts a street, road or highway.
BUILDING HEIGHT. The distance from the highest ground level at the foundation of the building to the highest point of the roof.
BUILDING LINE. A line fixed parallel to a lot line beyond which a building cannot extend under the terms of this chapter. Included are front, side and rear BUILDING LINES.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures and the centerline of any street when measured perpendicularly thereto.
CABINETMAKER. A maker of cabinets and other furniture or a skilled woodworker who makes fine furniture.
CANOPY. A structure either detached from or attached to and extending from the enclosed portion of a building, and used principally to provide shelter in connection with activities conducted in the principal building. This definition includes, but is not limited to, fuel station, bank and pharmacy CANOPIES.
CERTIFICATE OF ZONING COMPLIANCE. A statement, signed by the Ordinance Administrator, stating that the plans for a building, structure or use of land complies with the zoning regulations of the town, the County Environmental Health Department and the State Department of Human Resources, Division of Health Services.
CHILD CARE FACILITY. Any child care arrangement wherein three or more children less than 13 years old receive care away from their own home by persons other than their parents, relatives, guardians or full-time custodians, or in the child’s own home where other unrelated children are in care, come under the state definition of child day care. Child day care does not include seasonal recreational programs operated for less than four consecutive months.
CHILD CARE FACILITY A. Up to five children in full-time day care and three after school children. The operator must live at the location of operation or the facility must meet the requirements of the North Carolina Residential State Building Code.
CHILD CARE FACILITY B. Facility for six to 12 children. The operator must live at the location of operation or the facility must meet the requirements of the North Carolina Residential State Building Code.
CHILD CARE FACILITY C. Facility for 13 or more children which must meet either educational or institutional occupancy requirements of the North Carolina Commercial State Building Code.
CONDITIONAL USE. A use which is permitted in specified zoning districts only after review by the Board of Adjustment and found to meet specific conditions and procedures as are now or hereafter set forth in this chapter so as to maintain the safety and general welfare of the community. Such uses shall be permitted only upon the issuance of a conditional use permit by the Board of Adjustment.
CONDOMINIUM. A dwelling unit owned as a single-family home within a multiple-unit property together with an undivided portion of ownership in areas and facilities held in common with other property owners in the development. CONDOMINIUMS may take a number of forms of residential structures. The common areas and structures may include underlying land, parking areas, recreation facilities, swimming pools and in the case of an apartment house, hallways, basements, heating units and elevators.
DAY NURSERIES and KINDERGARTENS. A use of land and buildings to provide group care for children.
DISTRICT. Any section of the town and its zoning jurisdiction within which regulations are uniform.
DWELLING. Any building or portion thereof which is designed for living and/or sleeping purposes, excluding motels, hotels, rooming or boarding houses, tourist homes or other structures designed for transient residence. The minimum square footage for a dwelling shall be 840 square feet of living space (heated space).
DWELLING, MULTI-FAMILY. A building arranged or designed to be occupied by three or more families living independently of each other. The minimum square footage for each dwelling unit shall be 840 square feet of living space (heated space).
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family. The minimum square footage for a dwelling shall be 840 square feet of living space (heated space).
DWELLING, TOWNHOUSE. A residential structure with at least three units in a row, each with their own rear and front entrance to the outside and each with separate lots of record. No unit shall be located over another unit and each unit is separated from any other unit by one or more, common fire resistant walls. Such units may be owner-occupied, rental properties or under condominium ownership. A townhouse dwelling is considered a multi-family dwelling.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families living independently of each other. The minimum square footage per dwelling unit shall be 840 square feet of living space (heated space).
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family. The minimum square footage per dwelling unit shall be 840 square feet of living space (heated space).
EASEMENT. A grant by a property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons.
FLOOD. A temporary rise in water levels or an accumulation of water runoff resulting in inundation of areas not ordinarily covered by water.
FLOOD FRINGE. The area of a floodplain, which is outside of the floodway.
FLOODPLAIN. Any land susceptible to inundation by water from any source including, at a minimum, that area subject to a 1% or greater chance of flooding in any given year.
FLOODWAY. The channel of the stream and those portions of the adjoining floodplain, which carry and discharge waters of a particular flood event.
FRONTAGE. The distance between the two side lot lines as measured along the front setback line.
GROSS RESIDENTIAL DENSITY. The number of dwelling units to be built divided by the area of the tract being developed.
GROUP CARE FACILITY. An establishment qualified for a license by the state to provide resident services to individuals of whom one or more are unrelated. Such individuals are handicapped, aged and/or disabled; are undergoing rehabilitation or extended care; and are provided services to meet their needs by the GROUP CARE FACILITY. GROUP CARE FACILITIES include group homes for all ages, halfway houses, and foster and boarding homes.
GROUP DEVELOPMENT. A group of two or more principal structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which will not be so subdivided, and designed for occupancy by separate families, businesses or other enterprises. Examples would be cluster-type subdivisions, row houses, apartment courts, housing projects, school and hospital campuses, shopping centers and industrial parks.
HAIRDRESSER. Less intensive land uses that do not use any chemicals. They do not need certification from any accreditation board and mainly focus on the styling of hair instead of the treating and dying of hair.
HOME OCCUPATION, CUSTOMARY INCIDENTAL. An occupation conducted entirely within a dwelling and carried on by the occupants thereof, provided that:
(1) The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes, and such occupation shall be carried on solely within the main dwelling, and shall not occupy more than 25% of the total floor space of the dwelling;
(2) There shall be no display, no outside storage, no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than the signs permitted in each district;
(3) No more than two persons not in residence on the premises shall be employed in connection with the home occupation;
(4) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
(5) 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; and
(6) 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, or causes fluctuations in line voltage off the premises.
INERT DEBRIS. Solid waste that consists solely of material that is virtually inert and that is likely to retain its physical and chemical structure under expected conditions of disposal.
JUNKYARD. The use of 600 or more square feet of any lot or tract for the outdoor storage and/or sale of waste paper, rags, scrap, metal or other such materials, including storage or dismantling of motor vehicles or machinery.
LAND CLEARING DEBRIS. Solid waste that is generated solely from land-clearing activities.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
LOT, CORNER. A lot, which occupies the interior angle at the intersection of two street lines. The street line forming the east frontage shall be deemed the front of the lot except where the two street lines front equally, in which case the owner shall be required to specify the front of the lot when requesting a zoning compliance permit.
LOT, DEPTH OF. The average distance between front and rear lot lines.
LOT LINE. A line dividing one parcel of property from another parcel of property or from a street right-of-way.
LOT LINE, FRONT. The street right-of-way boundary at the front of the lot, that is, the line which separates the lot from the street at the front of the lot.
LOT LINE, REAR. The line of a lot, which is opposite and farthest from the front lot line. Where a lot abuts a street along the rear of the lot, the REAR LOT LINE shall be deemed to coincide with the street right-of-way boundary.
LOT LINE, SIDE. Any lot line, which meets an end of a front lot line. Where a lot abuts a street along the side of the lot, the SIDE LOT LINE shall be deemed to coincide with the street right-of-way boundary.
LOT OF RECORD. Any lot for which a plat has been recorded in the Register of Deeds of the county, or a lot described by metes and bounds, the description of which has been so recorded.
LOT, THROUGH. An interior lot having frontage on two streets.
LOT, WIDTH OF. The distance between side lot lines measured at the front building line.
MANUFACTURED BUILDING. A building mass-produced in a factory either independently or as a module for combination with other elements to form a building on site, and designed and constructed for transportation to a site for installation and use when connected to required facilities.
MANUFACTURED HOME. A dwelling unit that:
(1) Is not constructed in accordance with the standards of the State Uniform Residential Building Code for One- and Two-Family Dwellings;
(2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and
(3) Exceeds 40 feet in length and eight feet in width.
MANUFACTURED HOME, CLASS A (DOUBLEWIDE OR TRIPLEWIDE). A manufactured home constructed after July 1,1976, that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(1) The manufactured home has a length not exceeding four times its width with a minimum square footage of 840 square feet of living space (heated space);
(2) The pitch of the manufactured home’s roof has a minimum vertical rise of two and two- tenths feet for each 12 feet of horizontal run and the roof is finished with shingles;
(3) All roof structures shall provide an eave projection of not less than six inches, which must include a gutter;
(4) The exterior siding consists of predominantly vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood or hardwood;
(5) A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home and no electrical power will be issued until underpinning is installed; and
(6) The tongue, axles, removable towing apparatus and transporting lights are removed after final placement on the site.
MANUFACTURED HOME CLASS B (SINGLEWIDE). A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(1) The manufactured home has a length not exceeding six times its width with a minimum square footage of 840 square feet of living space (heated space);
(2) The pitch of the manufactured home’s roof has a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof is finished with shingles;
(3) All roof structures shall have standard guttering of no less than five inches and no electrical power will be issued until guttering is installed;
(4) The exterior siding consists of predominantly vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood or hardwood;
(5) A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home and no electrical power will be issued until underpinning is installed; and
(6) The tongue, axles, removable towing apparatus and transporting lights are removed after final placement on the site.
MANUFACTURED HOME CLASS C. A manufactured home that does not meet the definition of either a Class A or a Class B manufactured home (manufactured home constructed prior to July 1,1976).
MANUFACTURING OR PROCESSING, A. A manufacturing establishment primarily engaged in the fabrication or assembly of products from pre-structured materials or components. Because of the nature of its operations and products, Manufacturing A produces little or no noise, odor, vibration, glare and/or air and water pollution, and, therefore, has minimal impact on surrounding properties. Such facilities when abutting residential districts or properties shall be set back at least ten feet from all boundaries lines. Dimensional requirements shall be measured using the innermost boundary of the buffer strip, as the reference line.
MANUFACTURING OR PROCESSING, B. A manufacturing establishment primarily engaged in the manufacture of foodstuffs, textiles, electrical components or tobacco of the nature of its operations and products, Manufacturing B could impact immediately adjoining properties due to noise, odor, vibration, glare, and/or air and water pollution. Such facilities when abutting residential districts or properties shall be set back at least 15 feet from all boundaries lines. Dimensional requirements shall be measured using the innermost boundary of the buffer strip as the reference line.
MANUFACTURING OR PROCESSING, C. A manufacturing establishment primarily engaged in the processing and manufacturing of materials or products not otherwise classified under Manufacturing A, Manufacturing B or other use defined in this section. Manufacturing C includes the processing and manufacturing of products from extracted or raw materials, the assembly of large or heavy machinery and the storing or using of flammable, explosive, hazardous or toxic materials in the manufacturing processes. Because of the nature of its operations and products, Manufacturing C may impact surrounding properties due to noise, odor, vibration, glare and/or air and water pollution .Such facilities when abutting residential districts or properties shall be set back at least 25 feet from all boundaries lines. Dimensional requirements shall be measured using the innermost boundary of the buffer strip as the reference line.
METAL FABRICATION PLANT. A large-scale (greater than 3,001 square feet) facility, which is engaged in the shaping of metal and similar materials.
METAL FABRICATION SHOP. A small-scale (1,000 to 1,100 square feet) facility, which is engaged in the shaping of metal and similar materials.
MOBILE BUILDING. A manufactured building constructed on a chassis and used for nonresidential purposes. A MOBILE BUILDING shall be construed to remain a mobile building subject to all regulations applying thereto, whether or not wheels, axles, hitches or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided.
MOBILE HOME PARK. A contiguous parcel of land under single ownership, which, has been developed for the placement of manufactured homes for non-transient use. Excluded from this definition are manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale.
MOBILE HOME SITE. A plot of ground within a mobile home park designated for the accommodation and use of one trailer or manufactured home and containing all improvements and utility connections required under this chapter as well as all other applicable regulations.
MOBILE HOME SUBDIVISION. A subdivision designed and intended primarily for sale of lots for residential occupancy by mobile homes.
MOBILE UNIT DOUBLEWIDE. For the purposes of this chapter, a DOUBLEWIDE MOBILE UNIT shall include only mobile buildings. A DOUBLEWIDE MOBILE UNIT consists of two or more separate mobile buildings, which are designed to be connected on a site to form a single structure for one or more nonresidential uses. The exterior dimensions of the DOUBLEWIDE MOBILE UNIT when assembled for use shall be not less than 32 feet by 24 feet. Such a unit shall be placed on a permanent, enclosed foundation with the wheels and pulling tongue removed.
MODULAR HOME. A dwelling unit constructed in accordance with the construction standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation. Without limiting the generality of the foregoing, a MODULAR HOME may consist of two or more sections transported to the site on its own chassis or steel frame, or a series of panels or room sections transported to the site on a truck and erected, assembled or joined there. The dimensions of the MODULAR HOME when assembled for use shall be not less than 840 square feet of living (heated) space.
NONCONFORMITY or NONCONFORMING USE. Any parcel of land, use of land, building or structure, existing at the time of adoption or amendment of this chapter, that does not conform to the requirements use or dimensions of the district in which it is located.
OBSTRUCTION. Any structure, fence, shrub, bush, tree, flower, plant, motor vehicle or any other object that obscures, impairs or prevents view or sight through, over or across the horizontal or vertical distance area as herein defined.
OPEN SPACE. Unroofed storage area, whether fenced or not.
OPEN STORAGE. An unroofed area for the storage of non-bulk materials with approved fencing or other requirements as deemed appropriate by the Board but not including seasonal items or materials openly displayed for the purpose of retail sale and/or rental.
OPERATING PERMIT. A permit issued by the Zoning Administrator of mobile home park owner or operator upon the completion of a mobile home park which conforms to the requirements of this chapter.
OUTDOOR STORAGE AREA. Any area which contains trash collection areas or dumpsters, open air docks, outdoor storage of bulk materials and/or parts, or areas regularly used for outdoor repair areas or service stations, but excluding temporary construction and related activities and closed bay docks with approved fencing or other requirements as deemed appropriate by the Board.
PARKING SPACE. An area of not less than 200 square feet exclusive of necessary access and maneuvering space. PARKING SPACE(S) shall be provided with vehicular access to a street or alley, shall not be provided in a required front yard area, and shall always be located outside the dedicated street right-of-way.
PARKS. Includes those areas developed for both passive and active recreational activities. The development shall include, but shall not be limited to, walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters and the like. The term PARK shall also include those areas associated with history, tradition or cultural heritage of national, state or local interest. The term PARK shall not include zoos, travel-trailer parks, amusement parks and so on.
PRODUCE PROCESSING AND RETAILING. More intensive land uses that sell produce and grocery products and have machinery that cans or processes the products on-site.
PRODUCE STANDS. More intensive land uses that sell produce and grocery products and have machinery that cans or processes the products on-site.
PUBLIC OPERATIONS FACILITIES. Such facilities and operations which are essential to the continued well-being and service of the community including, fire, police, rescue squad, public works and other services deemed necessary by the Board of Adjustments and approved by the Board of Commissioners, provided that, all vehicles and equipment shall be stored indoors, that all buildings and equipment shall be designed and landscaped in such a way as to blend in with the surrounding area, and is built at least 25 feet from all abutting residential property lines.
PUBLIC SEWAGE DISPOSAL SYSTEM. A system serving two or more dwelling units and approved by the County Division of the District Health Department of the State Department of Water and Air Resources.
PUBLIC WATER SUPPLY. Any water supply furnishing potable water to ten or more residences or businesses or combination of businesses or residences. Approval by the Division of Health Services, Department of Human Resources is required.
RACEWAY. Sometimes referred to as a raceway system, is an enclosed conduit that forms a physical pathway for electrical wiring. RACEWAYS protect wires and cables from heat, humidity, corrosion, water intrusion and general physical threats.
RECREATION FACILITIES. Public or private, indoor or outdoor facilities which cater to the recreational demand of individuals and groups who do not reside on the same lot where the facilities are located. Such accessory uses as snack bars, locker rooms and other uses which are designed and intended primarily for the use of patrons of the principal recreational use are allowed on the same lot or contiguous premises as the primary use to which it is accessory.
RESTAURANT, A. Establishments which serve, deliver or prepare food and/or beverages to customers seated at tables or counters located within the building or designed outdoor seating areas or to person in motor vehicles, for consumption either on or off the premises. Such facilities with or without drive thru when abutting residential zones or properties must be separated with a fence on all sides which abut such properties/zones that is at least one inch from the ground extending a minimum of six feet in height.
RESTAURANT, B. Establishment which may be considered adult establishment under G.S. §§ 14-202.10 et seq. and/or establishments which serve, deliver, or prepare food and/or beverages including alcohol to customers seated at tables or counters located within the building or designed outdoor seating areas or to a person in motor vehicles, for consumption either on or off the premises. Such facilities with or without drive-thru when abutting residential zones or properties must be separated with a fence on all sides which abut such properties/zones that is at least one inch from the ground extending a minimum of six feet in height.
RETAIL BUSINESS, GENERAL. An establishment selling commodities and/or providing services directly to the consumer.
RETAIL BUSINESS, LARGE. A single retail or wholesale use which occupies no less than 20,000 square feet of gross floor area, typically requires high parking to building area ratios and has a regional sales market. Such stores include are not limited to membership warehouse clubs that emphasize bulk sales, discount stores and department stores. Such facilities may also provide services which are incidental to the primary use.
RETAIL BUSINESS, MEDIUM. A single retail or wholesale use which occupies between 5,000 and 20,000 square feet of gross floor area, typically requires moderate parking to building area ratios and has a local sales market. Such facilities may provide services incidental to the primary use.
RETAIL BUSINESS, SMALL. A single retail or wholesale use occupying less than 5,000 square feet of gross floor area. Typically requires low parking to building area ratios and has a local or neighborhood sales market. Such facilities may also provide services which are incidental to the primary use.
ROOFLINE. The highest point of the main roof structure, which shall not include cupolas, pylons, projections or minor raised portions of the roof.
SERVICE BUSINESS, A. An establishment primarily engaged in providing service(s) to businesses and individuals. All merchandise and rental equipment is stored inside an enclosed building. Such services shall be self-serviced or fully/partially served.
SERVICE BUSINESS, B. An establishment primarily engaged in providing service(s) to commercial and business establishments. Operations may include large scale facilities may be self-serviced or fully/partially serviced.
SERVICE STATION. Any building or land used for the dispensing, sale or offering for sale of any automobile fuels, lubricants or tires, except that indoor car washing, minor motor adjustment and tire repair may be performed only incidentally to the conduct of the facility.
SETBACK. The required distance between any structure and the applicable lot line(s) (front, side or rear) of the lot on which the structure is located.
SHOPPING CENTER. Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size and type of shops to the trade area with the unit serves.
SIGHT EASEMENT TRIANGLES. An area located on private property abutting or adjacent to the intersection of two or more streets, roads, highways or driveways (whether such street, road, highway or driveway is public or private) and consisting of the following determined area: beginning at a point marking the intersection and extending ten feet perpendicular to the accessing street right-of-way then tapering to 70 feet along the street right-of-way. The intent of this easement area is to prohibit structures or signs from blocking the view of motorists entering or exiting the property.
SIGN. Any form of publicity/advertisement visible from a public street/road/highway, directing attention to an individual, business, commodity, service, activity or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, objects, designs, trade names or trademarks, or other pictorial matter designed to convey information, and displayed by means of paint, bills, posters, panels or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings or other structures/supports. Notwithstanding the above, the following are also considered SIGNS: beacons; spotlights; searchlights; and reflectors.
SIGN, ANIMATED. Any sign which flashes, revolves, rotates or swings by mechanical means or which uses a change of lighting to depict action or to create a special effect or scene.
SIGN AREA. The area of a sign face.
SIGN, AWNING (ON-PREMISES). On-premises attached sign displayed, attached to or incorporated into the surface of an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
SIGN, BANNER. A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentation applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational or corporate organizations.
SIGN, BEACON. Any sign with one or more beams directed into the atmosphere or directed at one or more points not on the same zoning lot as the light source; also, any light with one or more beams that rotate or move.
SIGN, BILLBOARD. A type of off-premises sign, generally, but not always consisting of a rigidly assembled sign, display or device, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters.
SIGN, CAMPAIGN OR ELECTION. A sign that advertises a candidate or issue to be voted upon on a definite election day.
SIGN, CANOPY (AWNING). Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area, excluding a marquee. See SIGN, MARQUEE.
SIGN, CHANGEABLE COPY. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the remaining face or the surface of the sign.
SIGN, CONSTRUCTION. A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier or others involved in the development of the project.
SIGN, CONSTRUCTION AND DEVELOPMENT. A temporary sign allowed for a limited period of time that identifies a development under construction as well as design, construction and marketing information for a development.
SIGN COPY. Any words, letters, numbers, figures, characters, symbols, logos or insignia that are used on a sign face.
SIGN, DIRECTIONAL OR INSTRUCTIONAL. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as “Entrance,” “Exit,” “Parking,” “One-Way,” “Warning,” “No Trespassing” or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is direction may also be included on the sign.
SIGN, DIRECTORY. A sign other than an identification sign, listing the names, uses or locations of the various businesses or activities conducted within a building or group of buildings that is centrally located and intended to provide direction.
SIGN, ELECTION. Any sign that advertises a candidate or an issue to be voted on in a local, state or federal election process.
SIGN, ELECTRONIC MESSAGE. A sign, or portion of a sign, that displays an electronic image and/or video, which may or may not include text. Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or messages or uses electronic means to change the sign message. ELECTRONIC MESSAGE BOARDS include, but are not limited to, signs also known as electronic reader boards, electronic message center signs, tri-panel message systems and commercial electronic-variable message signs (CEVMS).
SIGN, EMERGENCY, SAFETY, WARNING OR TRAFFIC. Any emergency, safety, warning or traffic sign installed by or at the direction of a governmental authority or with its approval.
SIGN, EXTERNALLY ILLUMINATED. A sign that features artificial illumination from a light source providing light directly onto the sign face, or portions of the sign face, or background, with the light reflected back to the viewer.
SIGN, FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
SIGN, FLASHING. A sign that uses an intermittent or flashing light source to attract attention.
SIGN, FREESTANDING. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
SIGN, GOVERNMENT. Any temporary or permanent sign erected and maintained for any governmental purposes.
SIGN, GROUND MOUNTED. A sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground.
SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign, as detailed in § 156.047(G).
SIGN, HISTORIC. A sign or reproduction of a sign, originally installed 25 or more years ago.
SIGN, IDENTIFICATION. A sign which displays only the name, address and/or crest, insignia, trademark, occupation or profession of an occupant, or the name of any building on the premises.
SIGN, INCIDENTAL. A temporary or permanent on-premises sign intended to provide information or direction for the convenience and/or necessity of the public with a purpose secondary to the use of the lot where said sign is located. Such signs include, but are not limited to, entrance and exit signs, building numbers, addresses, private parking signs, telephone, no trespassing signs or dangerous animal signs. INCIDENTAL SIGNS are not intended to provide identification or advertising from any public way.
SIGN, INFORMATION, DIRECTION AND IDENTIFICATION. A sign installed by or at the direction of a governmental authority or with the governmental authority’s approval providing information and/or direction and/or identification. Said sign shall not contain any commercial content other than a symbol, name or logo of the establishment it serves.
SIGN, INTERNALLY ILLUMINATED. A sign featuring artificial illumination from a light source behind the sign face transmitting light through the sign face or portions of the sign face to the viewer; also known as backlit illumination. Exposed neon tubing and similar lighting shall not be considered an INTERNALLY ILLUMINATED SIGN.
SIGN, LEAD-IN (DIRECTIONAL). An off-premises sign that solely provides directional information regarding the sale or lease of residential property.
SIGN, MARQUEE. Any sign attached to, in any manner, a marquee. For the purposes of this definition, a MARQUEE is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
SIGN, MEMORIAL OR PLAQUE. A sign designating the name of a building and/or date or erection and other items such as architect, contractor or others involved in the building’s creation, cut into or attached to a building’s surface.
SIGN, MENU BOARD. A sign displaying the bill of fare of a drive-in or drive-through restaurant.
SIGN, MONUMENT. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles where the base of the sign is on the ground or no more than 12 inches above the adjacent grade.
SIGN, NEON. An illuminated sign containing a glass tube filled with neon or phosphorus which are bent to form letters, symbols or other shapes.
SIGN, OFF-PREMISES. A sign that directs attention to a business, commodity or service, conducted, sold or offered at a location other than on the premises on which the sign is erected.
SIGN, ON-PREMISES. A sign that directs attention to a business, commodity or service, that is conducted, sold or offered on the premises on which the sign is erected.
SIGN, PANEL CHANGE OUT. Removing and/or replacing the advertising or copy area panel(s) of a sign without replacing or modifying the sign structure.
SIGN, PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
SIGN, PERMANENT BANNER. Any banner constructed of lightweight fabric or similar material that is permanently mounted to a building by a permanent frame, excluding flags.
SIGN, PLANNED DEVELOPMENT. A sign that directs attention to businesses, commodities or services on a tract of land developed under single ownership or unified control, which includes one or more principal buildings or uses.
SIGN, POLITICAL. A temporary sign used in connection with a local, state or national election or referendum.
SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
SIGN, REAL ESTATE. A sign that is affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
SIGN, RESIDENTIAL. Any sign located in a district zoned for residential uses.
SIGN, ROOF. Any sign erected and constructed wholly or partially on or over the roof or parapet of a building.
SIGN, SANDWICH BOARD. A single- or double-faced moveable sign intended to be used on a sidewalk or pedestrian way in front of the business for which the commercial message is intended.
SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign or roof sign, and poles or supports used to elevate or support the frame.
SIGN, SUSPENDED. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
SIGN, TEMPORARY. A sign not permanently installed in the ground, nor permanently affixed to any structure or building.
SIGN, WALL. Any sign attached to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, and which is supported by such wall.
SIGN, WINDOW. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
STABLE, PRIVATE. A stable with a capacity of not more than one horse for each 3,500 square feet of lot area whereon such stable is located and where such horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire or sale.
STORAGE AND SALVAGE YARD. The use of land for outdoor storage of machinery, construction equipment, construction supplies, used building materials, scrap metal and similar items, motor vehicle dismantling operations or junkyards with approved fencing or other requirements as deemed appropriate by the Board. This definition does not include automobile dealerships, used car lots and motor vehicle storage yards.
STORAGE CONTAINER(S). Any standardized, reusable vessel, fully assembled, designed without an axle or wheel, which was:
(1) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(2) Designed for or capable of being mounted or moved on a rail car;
(3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship; and/or
(4) With dimensions not to exceed a height of eight feet six inches, a width of eight feet and a length of 40 feet.
STORAGE TRAILER. A structure originally constructed with wheels in order to be transported over the highways but now no longer transported and now converted to use as a storage structure. An uncoupled truck trailer and an inoperable travel trailer meet this definition if used for storage of materials for retail resale. An uncoupled truck trailer placed at a church, school, government building or business for the acceptance of goods donated to charity or dropped off for recycling and towed away on a regular schedule or whenever full does not meet this definition. A construction trailer at a construction site, uncoupled truck trailer, inoperable travel trailer and an uninhabitable manufactured dwelling does not meet this definition.
STREET. A public thoroughfare or right-of-way for vehicular traffic, which affords a principal means of access to abutting properties.
STREET LINE. The street right-of-way boundary, that is, the line, which separates the street from the lot.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. The term STRUCTURE includes, but is not limited to, buildings, fences, signs, sheds and towers.
TEMPORARY USE - OTHER. A conditional use involving a storage trailer for storage of merchandise for retail resale. It would be allowed only in the Downtown Business District (B-1), Neighborhood Business District (NB-2) and Light Industrial District (I-1). No more than four units would be permitted per parcel. The units shall be allowed for a 12-month timeframe. Refrigerated units are specifically not allowed for storage in any district. This use is specifically prohibited for wholesale storage.
TEMPORARY USE STRUCTURE. A nonresidential structure intended for temporary offices, headquarters or storage of materials on the same lot or tract of land being used or developed for a directly related permanent use. A TEMPORARY USE STRUCTURE shall require a temporary certificate of zoning compliance from the Zoning Administrator, which shall extend for a maximum period of one year, with renewal extensions of six months.
TRAVEL TRAILER. A structure that is:
(1) Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and
(2) Is designed for temporary use as sleeping quarters, but that does not meet the definition of a manufactured home.
TRAVEL TRAILER PARK. A parcel of land designed and equipped to accommodate travel trailers and to serve as a campground.
UPHOLSTERY SHOP. To upholster or to stuff and cover furniture, crafts and the like.
USE. The purpose or activity for which a piece of land or its structures is designed, arranged or intended, or for which it is occupied or maintained.
USE, PRINCIPAL. The main use of land or structures on a lot, as distinguished from an accessory use.
VARIANCE. A relaxation of the terms of the zoning regulations which will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in an unnecessary and undue hardship. A VARIANCE may be granted only by the Zoning Board of Adjustment.
WOODWORKING. The act, process or occupation of working wood into a useful or desired form.
WORKSHOP, BACKYARD. A business maintained in a separate building in the rear yard, provided that:
(1) The work shall be done entirely within the structured building;
(2) The square footage of the structure shall not exceed 1,000 square feet;
(3) Night time operations that would normally fall under the auspices of the town’s noise control ordinance shall cease operations at 10:00 p.m. and not resume until 8:00 a.m. the next morning (except on Sundays when they may resume at 1:00 p.m.); quieter operations are not bound by these time constraints; and
(4) There shall be no display, no outside storage, no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such backyard workshop other than the signs permitted in each district.
YARD. A space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
YARD, FRONT. A yard extending the full width of the lot on which a principal building is located and situated between the front lot line and a line parallel thereto passing through the nearest point of the building.
YARD, REAR. A yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto passing though the nearest point of the building.
YARD, SIDE. A yard on the same lot as a principal building situated between the side lot line and a line parallel thereto passing through the nearest point of the building, and extending from the front yard to the rear yard.
ZONING ADMINISTRATOR. An official of or person designated by the Town Board of Commissioners charged with enforcing and administering the zoning regulations.
(Ord. passed 9-3-1986; Ord. passed - -; Ord. passed 9-1-1998; Ord. passed 7-5-2005; Ord. passed 9-6-2005; Ord. passed 1-3-2006; Ord. O-2007-14, passed 8-7-2007; Ord. passed 5-6-2008; Ord. O-2008-9, passed 5-6-2008; Ord. O-2008-10, passed 5-6-2008; Ord. O-2008-11, passed 5-6-2008; Ord. O-2008-12, passed 5-6-2008; Ord. O-2008-13, passed 5-6-2008; Ord. O-2008-14, passed 5-6-2008; Ord. O-2008-15, passed 5-6-2008; Ord. O-2008-16, passed 5-6-2008; Ord. O-2008-17, passed 5-6-2008; Ord. O-2008-18, passed 5-6-2008; Ord. O-2008-19, passed 5-6-2008; Ord. O-2008-20, passed 5-6-2008; Ord. O-2008-21, passed 5-6-2008; Ord. O-2008-22, passed 5-6-2008; Ord. O-2008-31, passed 7-1-2008; Ord. O-2009-04, passed 6-2-2009; Ord. O-2010-20, passed 11-4-2010; Ord. passed 12-7-2010)