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§ 94.04 DEFINITIONS.
   (A)   Interpretation of commonly used terms and words.
      (1)   Words used in the present tense include the future tense.
      (2)   Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
      (3)   The word "person" includes a firm, association, corporation, trust, and company as well as an individual.
      (4)   The words "used for" shall include the meaning "designed for."
      (5)    The word "structure" shall include, but is not limited to, the word "building."
      (6)   The word "lot" shall include the words "plot," "parcel," or "tract."
      (7)   The word "shall" is mandatory and not merely directory.
   (B)   Definitions of special terms and words. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "ACCESSORY USE." A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
      (2)   "BILLBOARD." An outdoor structure or display which advertises or directs attention to a business, commodity, service or other activity conducted, sold or offered elsewhere than on the premises on which said sign is located.
      (3)   "BUFFER STRIP." A buffer strip shall consist of a planted strip at least ten feet in width, composed of trees, spaced not more than 20 feet apart and not less than one row of dense evergreen shrubs, spaced not more than five feet apart.
      (4)   "BUILDING." Any structure used or intended for supporting or sheltering any use or occupancy. As used herein, the word "building" shall have the same meaning as the word "structure."
      (5)   "BUILDING, ACCESSORY/OUTBUILDING." A subordinate building or structure, the use of which is clearly incidental to or customarily found in connection with the principal building or principal use, and which is located on the same lot as such principal building or principal use. Among other things, accessory buildings include buildings, walls, fences, sprinkler systems and satellite dish antennas.
      (6)   "BUILDING, PRINCIPAL." A building in which is conducted the main or principal use of the lot on which said building is situated.
      (7)   "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, gables, steps, eaves, gutters, and similar fixtures), and the street or highway right-of-way line, or property line, measured perpendicularly thereto.
      (8)   "CUSTOMARY HOME OCCUPATION." Any use conducted entirely within a dwelling and carried on only by the residents thereof which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display, no outside storage, no stock-in-trade, no commodities sold. 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.
      (9)   "DWELLING." A building that contains one or two dwelling units or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
      (10)   "DWELLING UNIT." A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, mobile home or other structure designed for transient residence.
      (11)   "DWELLING, SINGLE-FAMILY." A detached building for or occupied exclusively by one family.
      (12)   "DWELLING, TWO-FAMILY." A building arranged or designed to be occupied by two families living independently of each other.
      (13)   "DWELLING, MULTI-FAMILY." A building or portion thereof used or designed as a residence for three or more families living independently of each other, including apartment houses and group housing projects.
      (14)   "FAMILIAL RELATIONSHIP, CLOSE." A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
      (15)   "FAMILY." Any number of individuals related by blood or marriage living together as a single housekeeping unit.
      (16)   "FLOOD PLAIN." That area designated on the official zoning map as the flood plain.
      (17)   "FLOODWAY." The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
      (18)   "GROSS FLOOR AREA." The total floor area, measured exterior wall to exterior wall, of all buildings in a project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main building such as boiler rooms and maintenance shops.
      (19)   "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 blocks and lots and which will not be subdivided, and/or designed for ownership by separate families, businesses or other enterprises. Examples would be: row houses, apartment courts, school and hospital campuses, and shopping centers.       
      (20)   "JUNK YARD." The use of more than 200 square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals, or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.
      (21)   "LOT." A parcel of land in single and separate ownership 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.
      (22)   "LOT, CORNER." A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning ordinance permit.
      (23)   "LOT DEPTH." The depth of a lot is the mean distance of the side lines of the lot measured from the front line to the rear lot line.
      (24)   "LOT OF RECORD." A lot which is part of an approved subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Wayne County, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance or has been described by metes and bounds and meets the requirement of this chapter.
      (25)   "LOT WIDTH." The distance between side lot lines measured at the building setback line.
      (26)   "MAJOR MODIFICATIONS." An increase in the original dwelling unit's footprint or where the roof structure is significantly altered either by opening it to allow for expansion or change in construction materials, e.g., wood/shingle to metal.
      (27)   "MODULAR UNIT." A factory-fabricated or pre- fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure meeting the requirements of the N.C. State residential building code. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.
      (28)   "NON-CONFORMING USE." Any use of a building or land which does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter, or as a result of subsequent amendments which may be incorporated into this chapter.
      (29)   "OPEN STORAGE." Unroofed storage area enclosed by six foot solid fence. Materials stored shall not exceed height of fence.
      (30)   "PARKING SPACE." A storage space of not less than ten feet by 20 feet for one automobile plus the necessary access space. It shall always be located outside the dedicated street or highway right-of-way.
      (31)   "PLANNED UNIT DEVELOPMENT." The planned unit development designed to incorporate similar units of residential multiple or single unit dwellings in a variety of arrangements which     are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common land may be an element of the plan related to effecting the long-term value of the entire development.
      (32)   "PUBLIC WATER SUPPLY SYSTEM." Any water supply system serving two or more connections, including municipal and sanitary district water systems as well as water systems designed to serve particular subdivisions in part or totally.
      (33)   "PUBLIC SEWER DISPOSAL SYSTEM." An approved sewage disposal system serving ten or more connections, including municipal and sanitary district sewerage systems as well as "package" plants constructed in a location and to specifications approved by Wayne County Sanitarian in consultation with N.C. Board of Health.
      (34)   "SATELLITE DISH ANTENNA." A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electro- magnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs, satellite microwave antennas.
      (35)   "SIGN." Any form of publicity, visible from any public highway directing attention to an individual activity, business, service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trade marks, or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints, or other devices erected on open framework, or attached or otherwise applied to posts, stakes, poles, trees, windows, building or other structures or supports.
         (a)   "ADVERTISING SIGN." A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered. These signs shall be on the same premises as the activity advertised (on-site).
         (b)   "HOME OCCUPATION SIGN." A sign announcing a nonresidential operation that is only a minor or secondary use of the land.
         (c)   "BUSINESS SIGN." A sign that directs attention towards a non-residential operation that is the principal use of the land. For example, rest homes, or day care centers that are not part of a private residence.
         (d)   "IDENTIFICATION SIGN." A sign used to identify the name of the individual, family, organization, or enterprise occupying the premises; the profession of the occupant or the name of the building on which the sign is displayed. Included in this definition are signs which indicate the name of a subdivision; and bulletin boards which announce meetings or programs of non-profit organizations.
      (36)   "SIGN AREA." Sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area, including architectural trim and structural members; in computing area, only one side of a double-faced sign shall be considered.
      (37)   "SIGN, COMMERCIAL MESSAGE." A sign that conveys a message of a commercial nature including commercial activity, content, commodity, service, entertainment, product, transaction, use, or advertising for any business.
      (38)   "SIGN, NON-COMMERCIAL MESSAGE." A sign which has no commercial content, but instead involves only the expression of ideals, opinions, or beliefs.
      (39)   "SITE PLAN." A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgments and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
      (40)   "STREET (ROAD)." A dedicated and accepted improved and maintained public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
      (41)   "STRUCTURE." Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having permanent location on the ground.
      (42)   "TRAILER, CAMPER." A vehicle with or without its own motive power, equipped or used for temporary living purposes and mounted on wheels or designed to be so mounted and transported.
      (43)   "WATERSHED." A watershed is an area in which natural ridge lines form the outer perimeter of a basin which diverts rainfall and natural drainage into streams or rivers which in turn drain to lower elevations. When such watersheds contain Class I and II reservoirs, then such area is regulated by the Rules and Regulations for the Protection of Public Water Supplies as adopted by the North Carolina State Board of Health.
      (44)   "YARD." An open space on a lot in the same ownership with a principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
      (45)   "YARD, FRONT." An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street or highway right-of-way line and the front line of the building, projected to the side lines of the lot.
      (46)   "YARD, REAR." An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
      (47)   "YARD, SIDE." An open, unoccupied space on the same lot with a principal building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
(Ord., passed 2-22-79; Am. Ord., passed 9-23-87; Am. Ord., passed 3-23-99; Am. Ord., passed 6-27-12; Am. Ord., passed 2-9-20; Am. Ord., passed 6-23-21; Am. Ord., passed 12-8-21)
§ 94.05 APPLICATION OF REGULATIONS.
   (A)   No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this chapter.
   (B)   No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
   (C)   Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of a group development of institutional, residential, commercial, or industrial buildings in an appropriate zoning district. i.e., school campus, cluster housing, shopping center, industrial park, and so forth, as permitted by § 94.68.
(Ord., passed 2-22-79)
§ 94.06 MINIMUM REQUIREMENTS; ABROGATION AND GREATER RESTRICTIONS.
   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this chapter shall govern, provided that nothing in this chapter shall be construed to amend or repeal any other existing ordinance of the village.
(Ord., passed 2-22-79)
§ 94.07 AMENDMENTS AND CHANGES.
   (A)   The Village Council may, on its own motion or upon recommendation of the Planning Board, or upon petition by any person within the zoning jurisdiction, amend the regulations or the maps which are a part of this chapter. No zoning regulation or zoning maps shall be amended, supplemented, changed, modified or repealed except through the following procedures:
      (1)   Hearing with published notice. The Village Council shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
      (2)   Notice for zoning map amendments.
         (a)   Mailed notice. When a zoning map amendment is proposed, the owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
         (b)   Optional notice for large-scale zoning map amendments. The first-class mail notice required under division (A)(2)(a) above is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the village elects to use the expanded published notice provided for in this division (A)(2)(b). In this instance, the village may elect to make the mailed notice provided for in division (A)(2)(a) above or, as an alternative, elect to publish notice of the hearing as required by G.S. § 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of division (A)(2)(a) above.
         (c)   Posted notice. When a zoning map amendment is proposed, the local government shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons.
      (3)   Notice to military bases. If the adoption or modification would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base, the village shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than ten days nor more than 25 days before the date fixed for the hearing. If the commander of the military base provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the Village Council shall take the comments and analysis into consideration before making a final determination on the ordinance.
      (4)   Down-zoning. No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the village. For purposes of this section, "DOWN-ZONING" means a zoning ordinance that affects an area of land in one of the following ways:
         (a)   By decreasing the development density of the land to be less dense than was allowed under its previous usage.
         (b)   By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
      (5)   Planning Board review.
         (a)   Timeframe. Every proposed amendment or repeal to this chapter shall be referred to the Planning Board for its recommendation and report. If no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the Village Council may act on the amendment without the Planning Board report. The Village Council is not bound by the recommendations, if any, of the Planning Board.
         (b)   Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Village Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Village Council.
         (c)   Plan consistency for large-scale rezonings. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
      (6)   Village Council review.
         (a)   Plan Consistency. When adopting or rejecting any zoning text or map amendment, the Village Council shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan.
            1.   If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the Future Land-Use Map, and no additional request or application for a plan amendment shall be required.
            2.   A plan amendment and a zoning amendment may be considered concurrently.
            3.   The plan consistency statement is not subject to judicial review.
            4.   If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
         (b)   Additional reasonableness statement for rezonings.
            1.   When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. This statement of reasonableness may consider, among other factors:
               A.   The size, physical conditions, and other attributes of the area proposed to be rezoned;
               B.   The benefits and detriments to the landowners, the neighbors, and the surrounding community;
               C.   The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
               D.   Why the action taken is in the public interest; and
               E.   Any changed conditions warranting the amendment.
            2.   If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
         (c)   Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
      (7)   Application requirements. All petitions for a change in the zoning map or the zoning regulations shall include the information required on the current application form provided by the village, and pay the fee listed in the current fee schedule.
(Ord., passed 2-22-79; Am. Ord., passed 6-21-85; Am. Ord., passed 6-23-21)
ESTABLISHMENT OF DISTRICTS
§ 94.20 USE DISTRICTS NAMED.
   For the purpose of this chapter the village is hereby divided into use districts with designations and purposes as listed below:
      C-1      Commercial
      IG      Institutional & Government
      OA      Open Area
      R-25      Residential
      R-35      Residential
      R-35-C-T   Residential
      C-l CD      Commercial
      IG CD      Institutional & Government
      OA CD   Open Area
      R-25 CD   Residential
      R-30 CD   Residential
      R-35 CD   Residential
      R-Patio   
      Home CD   Residential
(Ord., passed 2-22-79; Am. Ord., passed 8-23-79; Am. Ord., passed 3-24-04; Am. Ord., passed 2-9-20; Am. Ord., passed 6-23-20)
§ 94.21 DISTRICT BOUNDARIES SHOWN ON ZONING MAP.
   The boundaries of the districts as shown on the map accompanying this chapter and made a part hereof entitled "Official Zoning Map, Village of Walnut Creek, North Carolina." The zoning map and all the notations, references and amendments thereto, and other information shown thereon are hereby made a part of this chapter the same as if such information set forth on the map were all fully described as set out herein. The zoning map properly attested is available for inspection by the public at Wayne County Courthouse.
(Ord., passed 2-22-79)
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