For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. That the use, structure, building, or sign is not used occupied or otherwise operating for the intended non-conforming activity for the period specified in this chapter. Periods of active remodeling 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.
ABUT. Having property or zone lines in common; i.e., two lots are ABUTTING if they have property lines in common. Lots are also considered to be abutting if directly opposite each other and not separated by a street, alley, railroad right-of-way, or stream.
ACCESSORY. Incidental to the primary use of structure(s) on the same lot.
ACCESSORY BUILDING, STRUCTURE, or USE. A building, structure, or use, not including signs, which is incidental to the principal use.
ADULT ENTERTAINMENT ESTABLISHMENT. Includes clubs and eating and drinking establishments with nude or semi-nude entertainment or dancing; physical culture establishments, such as but not limited to massage parlors, adult bookstores, adult motion picture theaters, adult motels and hotels, and similar establishments depicting/emphasizing sexual activities and/or nudity.
AGRICULTURE. The practice of cultivating the soil, producing crops, and raising livestock; such as but not limited to dairy, pasture, viticulture, horticulture, hydroponics, floriculture, aquaculture, truck farming, orchards, forestry, and animal husbandry.
AGRICULTURE SALES AND SERVICES (AGRIBUSINESS). Any business where the primary activity is sales and service of feed, seed, fertilizer, and farm equipment.
AIRPORT. A use that includes facilities for operating, maintenance and storage of aircraft.
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 BUILDING. A residential building incorporating multiple dwelling units, for rental purposes only.
AUTOMOBILE REPAIR SERVICES. An establishment primarily engaged in one or more of the following activities: (1) general automotive repair or service, (2) automotive engine repair, (3) installation or repair of automotive transmissions, (4) installation or repair of automotive glass, (5) installation or repair of automotive exhaust systems, (6) repair of automotive tops, bodies and interiors, and (7) 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.
BASEMENT. A space of full-story height that is below the first floor, wholly or partly below the exterior grade, and is not used primarily for living accommodations. Space partly below grade that is used primarily for living accommodations or commercial use is not identified by FHA as BASEMENT space.
BED AND BREAKFAST/TOURIST HOME. A form of temporary housing for travelers which may serve meals.
BILLBOARD. A flat surface or board, usually outdoors, on which large advertisements, signs or notices are posted and where the size of the structure meets all NCDOT requirements for size, construction, placement and located only along the interstate (I-85) corridor.
BOARD OF ADJUSTMENT. The convening body of members appointed by the County Board of Commissioners charged with hearing and deciding on special use permits, variances and appeals from orders and interpretation of the Planning and Zoning Administrator.
BOARD OF COMMISSIONERS. The governing body of Warren County.
BONA FIDE FARM. Except as provided in G.S. § 106-743.4 for farms that are subject to a conservation agreement under G.S. § 106-743.2, BONA FIDE FARM purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products as defined in G.S. § 106-581.1 having a domestic or foreign market.
BUFFER. A fence, wall, hedge, or other planted area or device used to enclose, screen, or separate one use or lot from another.
BUILDING. Any structure enclosed by exterior walls and a roof constructed or used for a residence, business purposes, or accessory thereto; and including but not limited to manufactured structures, garages, tents, lunch wagons, dining cars, trailers, mobile homes, and carports. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. The vertical distance measured at the front elevation 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 SETBACKS. The minimum distance from the property line, rights-of-way, and/or easements to the closest projection of the exterior face of buildings, walls, or other form of construction (i.e., decks, landings, terraces, porches, and patios on grade).
BUILDING SITE. Any lot or portion thereto, of a parcel of land upon which a building or buildings may be erected in conformance with the provisions contained herein.
BUILT-UPON AREA. Built-upon areas include that portion of a development project that is covered by impervious or partially impervious surfaces, including buildings, pavement, and recreation facilities.
BULLETIN BOARD. A board or structure not to exceed 16 square feet in size that is used for posting bulletins, notices, advertisements or signs.
CAMPGROUND. Land upon which, for compensation, shelters (such as tents, travel trailers, and recreational vehicles) are erected or located for occupation by transients and/or vacationers. They may include such permanent structures and facilities as are normally associated with the operation of a campground.
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.
CERTIFICATE OF OCCUPANCY. A legal document issued by the local building inspector (Code Enforcement Officer) to the owner of a premises attesting that the premises have been built and maintained according to the provisions of state building codes (State of North Carolina and/or National Building Code), such as those that govern building, fire, mechanical, electrical and plumbing codes.
CHURCH. A building or structure for public worship of religion. This term shall refer to all religious denominations.
CLUB or LODGE (PRIVATE, NONPROFIT, CIVIC, OR FRATERNAL). An association of persons, who lease a building, or portion thereof, the use of such premises being restricted to members and their guests.
CLUSTER DEVELOPMENT. A use that keeps land in open space and protects natural resources which requires buildings to be concentrated on a specified area of total acreage.
COMMON AREA/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 not including streets or off-street parking areas.
CONDOMINIUM(S). A system of ownership of individual units in a multi-unit structure combined with joint ownership of commonly used property (e.g., sidewalks, hallways, stairs, and open space/common area).
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 Commissioners or Board of Adjustment (as applicable), and subject to special requirements, different from those requirements for the zone in which the special use may be located.
CONTRACTOR. Person or business that provides products or services under contract to another.
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.
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.
DAY CARE FACILITY (ADULTS OR CHILDREN). A licensed facility other than an occupied dwelling, which provides for the care of children or adults.
DAY CARE HOME (ADULTS OR CHILDREN). A licensed dwelling in which a permanent occupant of the dwelling provides for the care of children or adults.
DAY-NIGHT LEVEL (DNL). A measure of noise that is an outdoor, day-night average (a weighted sound level). See also the Warren County Noise Ordinance.
DEDICATION. The transfer of privately owned land to the public without consideration, with the intent that the land will be accepted and used for public purposes.
DENSITY. The number of families, persons, housing units, or buildings per unit of land.
DWELLING. A building or portion thereof designed, arranged, or used for permanent living quarters which include a bedroom and permanent kitchen and bathroom facilities. The term DWELLING shall not include a travel trailer, motel, hotel, tourist home, or other structures designed for transient residence. A building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
DWELLING, ATTACHED. A building joined to other buildings on one 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 two attached residential units, in a single building.
DWELLING, SINGLE FAMILY. A detached building designed for or occupied exclusively by one family and approved by the Planning/Zoning and Code Enforcement Department.
DWELLING, MULTI-FAMILY. A building used for, and designed as a residence for two or more families living independently of each other.
DWELLING, TRIPLEX. A building containing three attached residential units, in a single building.
DWELLING UNIT. A residential structure or that portion of a residential structure used or designed as a residence for one family. This definition shall also mean a room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease on weekly or longer terms, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent kitchen, bathroom, and sleeping facilities. This definition applies to only one primary dwelling per lot and at a maximum only one accessory dwelling per lot where applicable and in compliance this chapter for the respective zoning district. The accessory dwelling shall be no larger than 25% or 50% of the size of the primary dwelling. The 25% rule applies to an efficiency apartment within the primary dwelling and the 50% rule is for an accessory dwelling either attached or detached from the main house (guest houses). For single family dwellings with multiple kitchens there shall be only one entrance for the whole structure in order to maintain its classification as a single-family dwelling, the structure shall not be defined as multi-family and shall not serve as a rental unit for gain. RVs, campers and work trailers are not permitted on site for living in while homes are being built and shall not be permitted for use as a dwelling unit as defined in this chapter. For the purposes of physically separated rooms which may be in the same structure, and containing independent kitchen, bathroom, and sleeping facilities, the term “mother-in-law” suite shall be applicable and meet the provisions of this chapter. Said “mother-in-law” suite shall be located within a dwelling and with access to the suite through the single-family dwelling. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT. A right given by the owner of land to another party for specific limited use of that land.
EATING ESTABLISHMENT. See RESTAURANT.
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. Any number of related people or not more than two unrelated people living together as a single housekeeping unit.
FAMILY CARE FACILITY. A licensed business in a commercial building that provides healthcare, counseling, or related services, including room, board, and care for non-convalescent persons.
FAMILY CARE HOME. A licensed residence that provides limited health, counseling, or related services, including room, board, and care, to six or fewer persons in a family-type environment.
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 (see example illustration below).
FRONTAGE. All of the real property abutting a street line measured along the street right-of-way.
GAS STATION. See AUTOMOBILE SERVICE STATION.
GREENHOUSES AND NURSERIES (COMMERCIAL). An establishment primarily engaged in the wholesale or retail sale of trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public.
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.
GROUND/GRADE LEVEL/FINISHED GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure and measured at the front elevation of the structure.
GROUP HOME (HALFWAY HOUSE). A small, residential facility designed to serve children or adults which usually have six or fewer occupants and are staffed 24 hours a day by trained caregivers.
HELIPORT or HELIPAD. A use that includes facilities for the flying of helicopters and associated rotary-wing aircraft.
HISTORIC STRUCTURE. Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the U.S. 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; or (d) individually listed on a local inventory of historic places.
HOMES FOR THE AGED (INCLUDING RETIREMENT COMMUNITIES). A licensed institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care.
HOME OCCUPATION. Any occupation or profession which is clearly incidental and secondary to the use of the dwelling, carried on entirely within a dwelling or accessory building on the same lot by one or more occupants thereof providing the following:
(1) Where no more than 25% of the total floor area of the dwelling is used for such purposes;
(2) That there is no outside or window display;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the home occupation other than one non-illuminated sign, not exceeding three square feet in area;
(4) 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;
(5) That not more than one person not a resident of the dwelling is employed in connection with the home occupation;
(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the residential neighborhood, and required parking shall be met off the street and other than in a required front yard;
(7) 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.
HOMEOWNERS ASSOCIATION (HOA). An organization of the homeowners in a particular subdivision, planned unit development (PUD), or condominium, generally for the purpose of enforcing deed restrictions or managing the common elements of the development.
HOTEL/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. Rooms are furnished for the accommodation of such guests, and the HOTEL may or may not have one or more dining rooms, restaurants, or cafes where meals are served.
IMPERVIOUS SURFACE AREA. The portion of the land area allowing 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, paved roads, patios, driveways, streets, and recreation facilities; such as tennis courts and swimming pools (see example illustration below).
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 non-residential development.
INCOMPATIBLE USE. A use or service that is unsuitable for direct association 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.
JUNK. Pre-used or unusable metallic parts and non-metallic manufactured products that are worn, deteriorated or obsolete making them unusable in their existing conditions, but are subject to be dismantled and salvaged.
JUNK YARD or SALVAGE YARD. 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 JUNK YARD includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings. A JUNK YARD for vehicles is defined as four or more junk, inoperable or unlicensed vehicles stored on the property.
KENNEL. Any facility used for the purpose of boarding domesticated animals.
KIOSK. A small structure not to exceed 16 square feet in size having one or more sides open and used as a newsstand, refreshment stand, bandstand, or a thick, column-like structure on which signs or advertisements are posted.
LANDFILL, DEMOLITION. A landfill facility for stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth and other solid wastes due to construction, demolition or land clearing.
LANDFILL, SANITARY. A facility where waste material and refuse are placed in the ground in layers and covered with earth or some other suitable material. SANITARY LANDFILLS shall also conform to requirements of 15A NCAC 13B regarding solid waste management.
LOADING AREA OR SPACE, OFF-STREET. An area located for bulk pickups and deliveries.
LOT DEPTH. The depth of a lot, per this chapter, is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.
LOT. An individual parcel of land.
LOT LINE. Any boundary of a parcel of land.
LOT LINE, FRONT. Any boundary line of a lot running along a street right-of-way.
LOT LINE, REAR. The property line(s) which is/are opposite the front property line. If no property line is deemed to be opposite the front property line and no minimum building line exists on the final plat to establish a REAR LOT LINE, then there shall be no REAR LOT LINE; however, the rear yard setback shall be maintained from the point (apex) on the property’s perimeter which is the furthest removed from the midpoint of the front line. The rear yard minimum building line shall be a line perpendicular to a straight line connecting said apex and the midpoint on the front lot line.
LOT LINE, SIDE. A boundary line that is not defined as a front or rear lot line.
LOT OF RECORD. A lot, which has been recorded in the Office of the Register of Deeds or a lot described by metes and bounds the description of which has been recorded in the aforementioned office.
LOT, THROUGH. An interior lot having frontage on two streets.
LOT WIDTH. The horizontal distance between the sidelines measured along the front building line as specified by the applicable front yard setback in this chapter.
MACHINE AND WELDING SHOP. A business primarily engaged in fabrication, assembly and testing of parts or products. Generally, MACHINE SHOP jobs are low volume (production) using machine tools such as lathes, automatic screw machines, and machines for boring, grinding, milling and welding.
MANUFACTURED HOME. A factory built structure, as determined by the Housing and Urban Development Department (HUD) of the Federal Government, composed of one 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. Recreational vehicles or travel trailers (campers) are not MANUFACTURED HOMES.
MANUFACTURED/MOBILE HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered for location for two or more manufactured/mobile homes (defined in this chapter), regardless of whether or not a charge (fee) is made for such accommodations. Provided, however, the provisions of this chapter shall not apply to home spaces allocated by the property owner without charge to person related to the property owner by blood or marriage or to tenant farmers employed by said owner for the purposes of engaging in agricultural pursuits on the premises (for this definition and defined in this section, “family” is defined as any number of related people or not more than two unrelated people living together as a single housekeeping unit).
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 units are permitted on the premises.
MOBILE HOME. See MANUFACTURED HOME.
MOBILE HOME PARK. See MANUFACTURED/MOBILE HOME PARK.
MODULAR HOME. A factory built home certified as meeting the North Carolina Building Codes and associated codes as applicable to modular housing. A MODULAR HOME is subject to the same standards as a site-built home.
NON-CONFORMING 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.
NON-CONFORMING USE. A use of buildings or land not conforming to the regulations of the district in which such building or land is situated but was lawful before adoption of this chapter.
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).
NURSING HOME. See also HOMES FOR THE AGED.
PARKING LOT. An area or plot of land used for the parking of vehicles, either as a principle use or as an accessory use.
PARKING SPACE. A graded and surfaced storage space for one automobile, plus the necessary access space. It shall always be located outside the dedicated street right-of-way. PARKING SPACE sizes shall be:
(1) For angle parking: min. 8.5 by 20 feet measured parallel to the vehicle; and
(2) For 90-degree parking: min. nine feet by 20 feet.
PARKING SPACE, OFF-STREET. A parking space located outside of a dedicated street right-of- way.
PERSON. Includes a firm, association, organization, partnership, corporation, trust/company as well as an individual.
PLANNED UNIT DEVELOPMENT - COMMERCIAL RESIDENTIAL (PUD-CR). A form of development which combines commercial and residential development (mixed-use) only on commercially zoned properties per this chapter. This development would be characterized by a unified site design combining uses permitted in the Lakeside Business (LB) and/or Neighborhood Business (NB) districts combined with housing units, clustering buildings, providing common open space, density increases, and mix of residential 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 space areas).
PLANNED UNIT DEVELOPMENT - RESIDENTIAL (PUD-R). A form of residential development 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 space areas).
PLANNING BOARD. A body appointed by the Board of Commissioners to perform the following duties: develop and recommend long range development plans/policies; advise the Board of Commissioners in matters pertaining to current physical development and zoning for the county, review-approve or deny proposed development plans per county regulations, review-approve or deny proposed rezoning petitions per county regulations.
PUBLIC (COUNTY OR MUNICIPAL) OR COMMUNITY SEWAGE SYSTEM. A single system of sewage collection, treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, water and sewer authority, a county or municipality or a public utility.
PUBLIC (COUNTY OR MUNICIPAL) WATER SYSTEM. A system for the provision to the public or piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
RECREATIONAL VEHICLE. A vehicle which is designed to be self-propelled or permanently towable by a truck; and designed as temporary living quarters for recreational, camping, travel or seasonal use.
RESTAURANT or EATING ESTABLISHMENT. An establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready to consume state. Sit-down RESTAURANTS are those at which food and/or beverages may or may not be served by waitresses or waiters to patrons seated at booths or tables (a sit-down RESTAURANT may have walk-in/carry out service as part of its operation). Walk-in/carry out RESTAURANTS are those at which the customers receive but do not consume the food and/or beverages at a counter, bar, or from a drive-in window. Drive-in RESTAURANTS are those at which food or beverages are served for consumption by customers in parked motor vehicles.
RETAIL. The sale of a commodity to a consumer and not customarily subject to sale again.
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.
SETBACK or MINIMUM YARD. The distance from the curb or other established line, on an individual lot or parcel, within which no buildings or structures may be erected.
SHOPPING CENTER. A group of commercial establishments planned, developed and managed as a unit with a unified design of buildings and with coordinated parking and service areas.
SIGN. A displayed structure bearing lettering or symbols, used to identify or advertise a place of business, items for sale, direction or designation.
SIGN AREA (AREA OF SIGN, SIGN FACE). The area of a sign, for the purpose of determining its permitted size, shall be the advertisable surface and includes any type of sign, bulletin board, billboard or kiosk as defined in this chapter and the measurement shall encompass only the printable, advertising area of the sign:
SILT FENCE. A temporary sediment control device used on construction sites to protect water quality in nearby surface waters from sediment (loose soil) in stormwater runoff. It consists of a piece of synthetic filter fabric (i.e., a geotextile) stretched between a series of wooden or metal fence stakes along a horizontal contour level (stakes are installed on the downhill side of the fence, and the bottom edge of the fabric is trenched into the soil and backfilled on the uphill side). The fence is installed on a site before soil disturbance begins, down-slope from the disturbance area.
SITE PLAN. A plan, to scale, 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 FARM or SOLAR ENERGY SYSTEM (SES). The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems.
SOLAR PHOTOVOLTAIC (PV) SYSTEMS. An electrical system or device that converts the energy of light directly into electricity by the photovoltaic effect through the use of photoelectric cells (also known as solar panels).
SOLAR THERMAL SYSTEMS. Large scale commercial-industrial energy system and related equipment for harnessing solar energy to generate thermal energy or electrical energy for use in connection with commercial and industrial operations.
SOLAR HOT WATER SYSTEMS. Small scale, roof-top energy systems in which the sun’s heat is gathered by a solar collector and used to increase the temperature of a heat-transfer fluid (such as water or a nonfreezing liquid) which flows through the pipes in the collector; the heat contained in this fluid then is conveyed and transferred to the water to be heated (this type of system is often used on homes, recreational centers and schools, hospitals and office buildings).
SPOT ZONING. When the zoning of a particular lot for a certain use is different from the permitted uses in the surrounding zone. This action is potentially invalidated by the courts.
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 public or private thoroughfare, which affords access to abutting property and is recorded as such in the Warren County Register of Deeds.
STRIP CENTER. A long, one story building or group of buildings with multiple businesses connected by common walls, each business with separate entrances/exits, housing retail services and/or service establishments. Out-parcels for these same businesses are included, this term shall refer to strip malls.
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. Per the Warren County Subdivision Ordinance, all divisions of a tract or parcel of land into two or more lots, building site, or other divisions for the purpose of sale, lease, or building development (whether immediate or future) and includes all divisions of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition is not subject to any regulations enacted pursuant to the Warren County Subdivision Ordinance:
(1) Combination/recombination. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown by the regulations prescribed by this chapter, shall be exempt.
(2) Divisions greater than ten acres. The division of land into parcels greater than ten acres where no street right-of-way dedication is involved shall be exempt.
(3) Public acquisitions/right-of-way. The public acquisition by purchase of strips of land for the widening or openings of street shall be exempt.
(4) Lots of record not platted. Lots of record which were recorded by a deed in the Warren County Courthouse prior to the adoption of the Subdivision Ordinance may have a plat prepared and recorded.
(5) Cemetery lots. Individual cemetery plots may be platted and recorded that do not meet the minimum lot size requirement of the zoning district in which it exists; however, the cemetery shall comply with the applicable zoning district regulations.
(6) Utility easements/lease agreements. Utility easements shall be shown on subdivision plats as required by this chapter; however, utility easements and utility lease agreements for distribution boxes or structures shall be exempt from the subdivision regulations.
(7) Conservation easements. Conservation easements.
(8) Estate exclusion. A voluntary partition of land or subdivision of land made for dividing the estate of a decedent among his or her heirs, whether the decedent died testate or intestate. In the event of a transfer or division of an estate in which interior parcels do not abut a public road, each such parcel must have an approved access to a public road with a minimum of a 50-foot right-of-way.
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.
TIMESHARE. A form of property ownership under which a property is held by a number of people, each with the right of possession for a specified time interval.
TOURIST HOME. See 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.
TOWNHOUSE. A dwelling unit as part of a structural arrangement of two or more single family attached dwellings joined by common walls on not more than two 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 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:
(1) 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.
(2) 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 ten feet or less or a body length 32 feet or less when equipped for road travel.
(3) TRAILER. A vehicle hauled by another vehicle; designed to transport vehicles, boats, or material.
USE. The purpose for which land or structures thereon are designed, arranged or intended to be occupied or used; or for which it is occupied, maintained, rented or leased.
USE, SPECIAL. A use permitted in a zone only after specific findings by the Board of Adjustment.
USE BY RIGHT. A use, which is listed as a non-specially permitted activity in this chapter.
VARIANCE. A modification or alteration of any of the requirements of this chapter.
WAREHOUSE. A building or compartment in a building used for the deposit, safekeeping or selling of goods.
WATERSHED. The entire land area contributing surface water drainage to a specific point (e.g., the water supply intake, lake area).
WETLANDS. Those areas that are defined as wetlands by the United States Army Corps of Engineers from time to time.
YARD. Any open space on the same lot with a building and unoccupied from the ground upward except by trees, shrubbery or fences.
ZERO LOT LINE. A term generally used to describe the positioning of a structure on a lot so that one side rests directly on the lot’s boundary line (property line). Such construction is generally prohibited in many areas by established setbacks, unless permitted as part of a planned unit development (PUD) or similar development.
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 (Zoning Ordinance consists of text and a map).
ZONING ADMINISTRATOR (PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE). The person charged with the administration of this chapter. This definition may include other Zoning Enforcement Officers; both the positions of the Administrator and Enforcement Officer are sworn positions.
ZONING DISTRICT. An area established by this chapter where the individual properties and their respective, permitted uses are established.
ZONING PERMIT. An official certification that a proposed used of a building, land, or sign conforms to provisions of this chapter. 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 within the zoned areas of Warren County (not inclusive of the Town of Warrenton and Town of Norlina and their respective extraterritorial jurisdictions) a building permit cannot be issued by the Warren County Planning/Zoning and Code Enforcement Department.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)