(A) Tense and number.
(1) The present tense includes the future tense, and the future tense includes the present tense.
(2) The singular number includes the plural number, and the plural number includes the singular number.
(B) Word interpretations.
(1) The word “may” is permissive.
(2) The words “shall” and “will” are mandatory.
(3) The word “county” shall mean the Columbus County, North Carolina.
(4) The words “Zoning Board”, “Zoning Commission” or “Planning Commission” shall mean the City Planning Board.
(5) The words “City Council” shall mean City Council of the City of Whiteville, North Carolina.
(6) The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(7) The words “used” or “occupied” include the words intended, designed or arranged to be used or occupied.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. See also HOME OCCUPATION. A structure or use that:
(a) Is clearly incidental to and customarily found in connection with a principal building or use;
(b) Is subordinate to and serves a principal building or a principal use;
(c) Is subordinate in area, extent or purpose to the principal building or principal use served;
(d) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principle use served; and
(e) Is located in the principal building or use served.
ACTIVE ADULT RETIREMENT COMMUNITY (AARC). A housing development with a variety of housing types (single-family, duplex, townhouse, multi-family) that is designed for and restricted to occupancy to households having at least one member who is at least 55 years of age or older. These housing types must contain all of the following related facilities for services for residents:
(a) Security entrance/registered access;
(b) Exterior home maintenance;
(c) Lawn maintenance;
(d) Clubhouse with wellness and/or fitness facility;
(e) Central meeting area;
(f) Recreation/social director;
(g) Condominium/property owner association;
(h) Walkways designed to meet ADA standards; and
(i) Building designed to meet older adult standards.
ACTIVE SOLAR SYSTEM. A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical or chemical means.
ADULT CARE FACILITY/INSTITUTION. An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services for more than six persons, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies and identified under G.S. § 131d-2. See HANDICAPPED, AGED OR INFIRM INSTITUTION.
ADULT CARE HOME. An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services for not more than six persons, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies.
ALLEY. A private or public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTER. To make any structural changes in the supporting or load-bearing portions of a building, such as bearing walls, columns, beams, girders or floor joists.
AMUSEMENT ARCADE. A building or part of a building in which three or more pinball machines, video games or other similar player-operated amusement devices are maintained as the principal use. However, up to ten or more pinball machines, video games or other player- operated amusement devices may be maintained as an accessory use, if the total square footage required for the machines, video games and the like occupies 20% or less of the total square footage of the building in which the principal use is located.
AMUSEMENT CENTER. Any establishment maintaining forms of entertainment including or similar to skating rinks and bowling alleys.
ANIMAL HOSPITAL/VETERINARIAN CLINICS. A building designed and used for the diagnosis and treatment of animals that does not include boarding facilities for animals not needing medical care.
ANTENNA. Equipment used and designed to transmit or receive electronic signals.
APARTMENT. A room or suite of one or more rooms, each of which has kitchen facilities and is designed or intended to be used as an independent unit on a rental basis.
ASSEMBLY. A joining together of completely fabricated parts to create a finished product.
AUTOMATIC AMUSEMENT MACHINE. Any machine or device activated by depositing a coin or token, and which when operated is used as a game of skill, test, contest or entertainment (not to include pool tables or music machines).
AUTOMOBILE OFF-STREET PARKING (COMMERCIAL LOT). Any building or premises, except a building or premises described as a private garage, used for the storage of motor vehicles for the public or private business.
AVERAGE LOT WIDTH. The method of determining lot width whereby the average width is taken by averaging the front and rear property lines. (Example = front yard width 100 feet, rear yard width 130 feet. Lot width = 100 feet + 130 feet = 230 feet ÷ 2 = 115 feet.)
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also known as the 100-year flood. Areas to be specified on Federal Emergency Management maps or maps by the U.S. Army Corps of Engineers.
BED AND BREAKFAST INN. An owner- occupied dwelling unit that contains no more than five guest rooms where lodging, with meals, is provided for compensation.
BEDROOM. A fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window and closet.
BILLIARD ROOM/POOL HALL. A building or part of a building in which three or more pool tables, game tables and/or billiard tables are maintained as the principal use. A total of 140 square feet of floor space is required for each pool table and the like. However, a total of up to six pool tables may be maintained as an accessory use, if the total square footage required for the pool tables and like machines occupies 20% or less of the total square footage of the building in which the principal use is located.
BOARD OF ADJUSTMENT. A semi-judicial body, composed of representatives from or for the planning area, which is given certain powers under and relative to this chapter.
BOARDINGHOUSE. A rooming house or a structure which contains four or more rooms, each of which has no kitchen facilities and is designed or intended to be used for residential occupancy on a rental basis.
BONA FIDE FARM. Any tract of land larger than ten acres and otherwise eligible for tax deferral as authorized in G.S. §§ 105-277.1 et seq. shall be considered as a BONA FIDE FARM. Any tract of land on which agricultural activities are clearly of an incidental nature may also be considered as a BONA FIDE FARM upon determination by the Planning Director or his or her designee upon consideration of agricultural productivity and improvements, and any other necessary or available information. Under no circumstances will any parcel smaller than five acres be considered a BONA FIDE FARM.
BOUTIQUE. A small retail shop that specializes in gifts, fashionable clothes, accessories or food, or a small business offering specialized products and services.
BREWPUB. An eating and drinking establishment that produces less than 15,000 barrels of malt beverages per year.
BUFFER. An area adjacent to a common lot, parcel or tract boundary designed for privacy or security. All BUFFERS must be a minimum of six feet in height at the building line and may consist of treated wood, masonry construction or a combination of evergreen shrubs. The latter must be planted in a manner to obscure the view between properties, must not overlap onto adjacent property, and must be a minimum height of 18 inches when planted which will reach a height of at least six feet and a width of three feet within five years.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of a principal building on the same plot.
BUILDING, COMMERCIAL. Any building used for business purposes.
BUILDING, DETACHED. A building having no party or common wall with another building except an accessory building.
BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof, to the deck of a mansard roof or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING-INTEGRATED SOLAR SYSTEMS. An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. BUILDING-INTEGRATED SYSTEMS include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights and awnings.
BUILDING LINE, MINIMUM. A line parallel to the street right-of-way which establishes 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 street right-of-way line, when measured perpendicularly thereto, the minimum distance from the street right-of-way line.
BUILDING, MAIN. A building in which the principal use of the lot on which the building is situated is conducted.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the plot on which it is situated.
BULK STORAGE AND RETAIL SALE OF PETROLEUM AND CHEMICAL PRODUCTS - SMALL. The bulk storage and retail sale of petroleum and chemical products and associated equipment and materials where no one tank has a capacity to store over 30,000 gallons of material and no more than a total of 150,000 gallons are stored on the same lot or area.
BULK STORAGE AND RETAIL SALE OF PETROLEUM AND CHEMICAL PRODUCTS - LARGE. The bulk storage and retail sale of petroleum and chemical products and associated equipment and materials where one tank has a capacity to store over 30,000 gallons of material and/or more than a total of 150,000 gallons are stored on the same lot or area.
CAR WASH. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CEMETERY and/or MAUSOLEUM. An area designated for the burial of the dead, person or animal. The areas may be designed for below ground or may include above ground burial. Where permitted, CEMETERIES may be a part of lots, parcels or tracts related to services of worship where permitted and/or conditioned for the use or may be a freestanding designated use within a designated or conditioned area.
CERTIFICATE OF OCCUPANCY/ COMPLIANCE. A statement, signed by the Planning Director, or his or her authorized agents, setting forth that the building, structure or use complies with this chapter and construction codes, and that the same may be used for the purpose stated herein.
CERTIFY. Whenever this chapter requires that some agency certifies the existence of some fact or circumstance to the city, the city may require the certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.
CHILD CARE FACILITY. Includes child care centers, family care homes and any other child care arrangement not excluded by G.S. § 110-86(2), that provides child care, regardless of the time of day, and whether or not operated for profit.
(a) A CHILD CARE CENTER is an arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving care.
(b) A FAMILY CHILD CARE HOME is a child care arrangement located in a residence where, at any one time, more than two children receive child care.
CHILD CARE HOME. A home for not more than six orphaned, abandoned, dependent, abused or neglected children, together with not more than two adults who supervise the children, all of whom live together as a single housekeeping unit.
CHILD CARE INSTITUTION. An institutional facility housing more than nine orphaned, abandoned, dependent, abused or neglected children.
CHILD DAY CARE.
(a) Any program or arrangement wherein three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than one hour, but less than 24 hours per day, from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage or adoption, and where payment, fee or grant is made for such care.
(b) CHILD CARE does not include the following:
1. Arrangements operated in the home of any child receiving care if all the children in care are related to each other and no more than two additional children are in care;
2. Recreational programs operated for less than four consecutive months in a year;
3. Specialized activities or instruction including, but not limited to, athletics, dance, art, music lessons, horseback riding, gymnastics or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups or Boys and Girls Clubs;
4. Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels or churches;
5. Public schools;
6. Nonpublic schools described in G.S. Ch. 115C, Article 39, Part 2, that are accredited by the Southern Association of Colleges and Schools and that operate a “child care facility” as defined above in this section for less than six and one-half hours per day either on or off the school site;
7. Bible schools conducted during vacation periods;
8. Care provided by facilities licensed under G.S. Ch. 122c, Article 2; and
9. Any child care program or arrangement consisting of two more separate components, each of which operates for four hours or less per day with different children attending each component.
CHURCH, CLUB or PRIVATE LODGE. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefit of its members, certified as a nonprofit basis for the benefit of its members and certified as a nonprofit organization by the Secretary of State of the State of North Carolina.
CIRCULATION AREA. The portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the CIRCULATION AREA.
CLUB/LODGE (PROFIT/COMMERCIAL). A building, house or any type of land used for the activities of a private club or social organization, and operated by, or in connection with the public tavern, café or other establishments open to the public.
CLUBS (SOCIAL/PRIVATE AND OPERATED FOR THE MEMBERS). Any organization that establishes buildings and land use development for non-profit, civic, fraternal or social clubs containing recreational facilities, clubhouse, and usual accessory uses, open to all members and guests.
COMBINATION USE. A use consisting of a combination of one lot or two or more principal uses separately listed in the table of permitted uses. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a COMBINATION USE is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all the enterprises fall within the same principal use classification, this shall not constitute a COMBINATION USE.)
COMMUNITY RESOURCE CENTER. A building or group of buildings intended for use as a facility for vocational rehabilitation, education, family life skills training, drug and rehabilitation, job skills training and similar activities. No overnight residency is allowed. The facility may include church related functions.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions related to the development of a site, incorporated into the zoning map amendment.
CONTRACTOR, GENERAL. One who is engaged in all or more aspects of building construction and/or land development through a legal agreement.
CONTRACTOR, TRADES. One who accomplishes work or provides facilities under contract with another and specifically engages in a specialized trade, such as plumbing, heating, wiring, sheet metal, roofing work and the like.
CONVENIENCE STORE. Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
DESIGNATED BUFFER. An area of land adjacent to lakes or watercourses that remains undisturbed in order to reduce the sedimentation and pollution of the lakes or watercourses.
DETENTION FACILITY. A structure designed and constructed for the collection and storage of surface water for subsequent gradual discharge.
DEVELOPER. A person who is responsible for any undertaking that requires a development permit.
DEVELOPMENT. Any of the following:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(b) The excavation, grading, filling, clearing, or alteration of land.
(c) The subdivision of land as defined in this chapter.
(d) The initiation or substantial change in the use of land or the intensity of use of land.
DEVELOPMENT PERMIT. See ZONING PERMIT.
DIMENSIONAL NONCONFORMITY. A nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
DISTRICT. Any section of the city in which zoning regulations are uniform.
DRIVEWAY. The portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
DWELLING. Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of Article 12 it does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX). A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
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.
ELECTRONIC GAMING OPERATION. A business enterprise, whether principal or accessory, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. ELECTRONIC GAMING OPERATIONS do not include operations associated with the official North Carolina Lottery.
ERECT. Build, construct, rebuild or reconstruct, as the same are commonly defined.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding, contractual commitments to make future expenditures, as well as any other substantial changes in position.
EXTRATERRITORIAL PLANNING AREA. The portion of the city’s planning jurisdiction that lies outside the city’s corporate boundaries.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by this chapter.
FABRICATION. The processing and/or assemblage of various components into a complete or partially completed commodity. FABRICATION relates to stamping, cutting or otherwise shaping the processed materials into useful objects. The refining aspects of manufacturing and other initial processing of basic raw materials such as metal ores, lumber, and rubber and the like, are excluded.
FAMILY. One or more persons related by blood, adoption or marriage, or a group of not more than five persons not related by blood, adoption or marriage living together as a single housekeeping group in a dwelling unit.
FAMILY CARE HOME. A premises housing six or less handicapped residents with support and supervisory personnel living together and functioning as a family unit. Handicapped persons include persons with temporary or permanent physical, emotional and mental disabilities or alcohol or drug abuse tendencies/rehabilition, but not mentally ill persons who are dangerous to others. This definition does not include criminals, juvenile delinquents, runaways and the like. Such a use may not be located within 1,000 feet radius of an existing family care home.
FARMER’S MARKET. An outdoor/indoor market open to no greater than 50 vendors which locally grow fruits and vegetables which are sold on a retail basis. Vehicles used to transport the products to be sold at the market shall be limited to cars, vans and trucks of a capacity of no greater than one ton.
FENCE. A continuous barrier constructed of wood, stone, steel, wire or other similar material.
FENCE, SCREEN. A continuous, opaque, un-perforated barrier extending from the surface of the ground to a uniform height of not less than six feet constructed of wood, stone, steel or similar material.
FENCE, SECURITY. A continuous barrier extending from the surface of the ground to a uniform height of not less than eight feet constructed of wood, stone, steel, wire or other similar material.
FILL. Any material used to raise the elevation of the surface of the land, excluding a grade base and paving.
FLEA MARKET. A commercial operation held on a regular periodic basis and patronized by individual entrepreneurs who transport a variety of merchandise to a common geographical area for the purpose of sale or trade to the general public. This definition does not include sporadic and infrequent yard sales held in residential areas.
FLOODPLAIN. Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the “Flood Boundary and Floodway Map” prepared by the U.S. Federal Emergency Management Agency, (FEMA), a copy of which is on file in the Planning Department.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this chapter the term refers to that area designated as a floodway on the “Flood Boundary and Floodway Map” prepared by the U.S. Federal Emergency Management Agency, a copy of which is on file in the Planning Department.
FOOD TRUCK. A motorized vehicle with power on board, refrigeration, food preparation facilities, and usually room for two or four employees.
FRONTAGE. All property abutting on one side of a street measured along the street line.
GARAGE, PRIVATE. A building or space, used as an accessory to or a part of the main building permitted in any residential district, that provides storage space for motor vehicles and in which no business, occupation or service for profit is in any way conducted.
GRID TIED SOLAR SYSTEM. A photovoltaic solar system that is connected to an electric circuit served by an electric utility company.
GROSS FLOOR AREA. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage is not a HABITABLE FLOOR.
HANDICAPPED, AGED OR INFIRM HOME. A residence within a single dwelling unit for not more than six persons who are physically or mentally handicapped, aged or infirmed, together with not more than two persons providing care or assistance to the persons, all living together as a single housekeeping unit.
HANDICAPPED, AGED OR INFIRM INSTITUTION. A facility that provides residential care for more than six aged, disabled or handicapped persons whose principal need is a home with the sheltered or personal care their age or disability requires. Medical care at such a facility is only occasional or incidental, such as may be required in the home of any individual or family, but the administration of medication is supervised. The residents of such a facility do not occupy separate dwelling units, and this distinguishes such a facility from a multi-family development occupied by the elderly, handicapped or disabled.
HAZARDOUS OR CHEMICAL SUBSTANCE. All substances included in the U.S. Environmental Protection Agency’s listing of Hazardous Substances and Priority Pollutants (developed pursuant to the Clean Water Act of 1977) shall be deemed HAZARDOUS SUBSTANCES.
HOME OCCUPATION.
(a) A commercial activity that is conducted by a person on the same lot (in a residential district) where the person resides, and is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use, but that can be conducted without any significantly adverse impact on the surrounding neighborhood. HOME OCCUPATIONS may be located on detached structures provided that the use conforms to limitations imposed by this chapter, meets all setback requirements and does not exceed 400 square feet in total floor area or 25% of the primary structure, whichever is less.
(b) Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if:
1. Goods, stock-in-trade or other commodities are displayed;
2. Any on-premises retail sales occur, is employed in connection with the purported home occupation;
3. More than one person not a resident on the premises;
4. It creates objectionable noise, fumes, odor, dust or electrical interference; or
5. More than 25% of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than 500 square feet of gross floor area (whichever is less), is used for home occupation purposes.
(c) The following is a non-exhaustive list of examples of enterprises that may be HOME OCCUPATIONS if they meet the following criteria:
1. The office or studio of a physician, dentist, artist, musician, lawyer, architect, teacher or similar professions;
2. Workshops, greenhouses or kilns; and
3. Dressmaking or hairdressing studios.
IMPROVEMENTS. The addition of any building, accessory building, parking area, loading area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or parcel of property.
INDEPENDENT AUTOMOBILE LOTS OR GARAGES. An area or garage that is used for the temporary parking (not storage) of motor vehicles, that is located on a lot on which there is no other principal use to which the parking is related, and where the parking spaces are used by more than one enterprise or by the general public or where the lot is leased by one enterprise for a total period (including automatic renewals or renewal options) of not more than four years.
INTERMEDIATE CARE HOME. A facility maintained for the purpose of providing accommodations for not more than six occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
INTERMEDIATE CARE INSTITUTION. An institutional facility maintained for the purpose of providing accommodations for more than six persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirmed.
INTERMITTENT STREAM. A stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and only temporary supply from melting snows or other sources. It is dry for a large part of the year.
JUNK. Pre-used or unusable metallic parts and other nonmetallic manufactured products that are worn, deteriorated or obsolete, making them unusable in their existing condition, but are subject to being dismantled and salvaged.
JUNK CARS. Motor vehicles that cannot operate legally, under its own power, on roads, streets, highways, alleys or any other similar public/private access routes, maintain a new value of less than $100, if over five years old and/or diminishes surrounding property values or the character and integrity of the community.
JUNK YARD. Any land or area use as defined by G.S. Ch. 136, Article 12, which in whole or in part, for commercial storage and/or sale of waste paper, rags, scrap metal or other junk, and including storage of six or more unlicensed used motor vehicles which cannot operate under its own power, and dismantling of the vehicles or machinery.
KENNEL. A commercial operation that:
(a) Provides food and shelter and care of animals for purposes not primarily related to medical care (a KENNEL may or may not be run by or associated with a veterinarian); or
(b) Engages in the breeding of dogs and/or cats for sale.
LAKE or WATERCOURSE. Any stream, river, brook, swamp, creek, run, branch, waterway reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension and which could be damaged by accumulation of sediment and pollutants.
LIVESTOCK OPERATIONS. The breeding, raising, keeping, boarding, feeding, housing, storing, selling or production of one or more animals, birds, fowl, reptiles, of any sort, kind and description, including, but not limited to, swine, cattle, horses, goats, sheep, chickens, turkeys, ducks, poultry, rabbits, pigeons and any other wild or domesticated animal other than dogs and cats for commercial purposes or commercial use.
LOADING AND UNLOADING AREA. The portion of the vehicle accommodation area used to satisfy the requirements of this chapter.
LOT.
(a) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
(b) If a public body or any authority with the power of eminent domain condemns, purchases or otherwise obtains fee simple title to a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a LOT by this definition, or a private road is created across a parcel of land otherwise characterized as a LOT by this definition, and the interest thus obtained or the road so created is such as effectively to prevent use of this parcel as one LOT, then the land on either side of this strip shall constitute a SEPARATE LOT.
(c) The permit-issuing authority and the owner of two or more continuous lots may agree to regard the lots as one lot, if necessary, or convenient to comply with any of the requirements of this chapter.
LOT, AREA OF. The total circumscribed by the boundaries of a lot, except that:
(a) When the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right- of-way, then the lot boundary for purposes of computing the LOT AREA shall be the street right-of-way line, or a line running parallel to and 30 feet from the center of the traveled portion of the street if the right-of-way line cannot be determined; and
(b) In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the LOT AREA shall be the inside boundary of the traveled portion of that road.
LOT, CORNER. Any parcel of land having frontage on more than one street (road) which abuts an intersection of those streets (roads).
LOT, DEPTH. For the purpose of 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 LINE. Any boundary of a parcel of land.
LOT LINE, FRONT.
(a) If a lot has one property line which is coterminous with a street right-of-way line, the line shall constitute the FRONT LOT LINE;
(b) If a lot has two property lines which are also street right-of-way lines abutting different streets and those two property (street right-of-way) lines form an angle between 80 degrees and 100 degrees, then the shorter of those two lines shall constitute the front property line. If both lines are equal, the front property line shall be determined by the property owner if a front property line has not been designated on the final plat (minimum building lines are construed to designate the FRONT LOT LINE); and
(c) If a lot is not encompassed by divisions (a) or (b) above, and no front property line is designated on the final plat, the front property line shall be designated by the Board of Adjustment.
LOT LINE, REAR. The property line(s) which is (are) opposite the front property line. If no property line is deemed by the Supervisor of Inspection Services, or his or her authorized agents, 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 the apex and the midpoint of the front lot line.
LOT LINE, SIDE. A boundary line which is not defined as a front or rear lot line.
LOT OF RECORD. A lot, a plat or a map which has been recorded in the office of the Registrar of Deeds of Columbus County, or a lot described by metes and bounds, the description of which has been recorded in the aforementioned office.
LOT WIDTH. The distance between the side property lines along the front minimum building line as specified by the applicable front yard setback in § 155.080.
MANUFACTURED HOME. Any structure that:
(a) Consists of a single unit completely assembled at the factory, or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and joined together at the site;
(b) Is designed so that the total structure (or in the case of double-wide or triple-wide, each component thereof) can be transported on its own chassis;
(c) Is over 40 feet in length and over eight feet in width;
(d) Is designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation; and
(e) Meets one of the classifications listed below.
1. MANUFACTURED HOME, CLASS A. A manufactured home that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
a. The manufactured home has a length exceeding four times its width;
b. 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 (2.2 feet in 12 feet) and the roof is finished with shingles;
c. The exterior siding consists predominately of vinyl or aluminum horizontal lap siding, wood or hardboard;
d. A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home; and
e. The tongue, axles, removable towing apparatus, and transporting lights are removed after final placement on the site.
2. MANUFACTURED HOME, CLASS B. A manufactured home that was constructed to meet or exceed the standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a Class A manufactured home.
MANUFACTURED HOME DEVELOPMENT. Residential development which conforms to all requirements for a planned residential development as described elsewhere in this chapter but where the principal use of the land is for manufactured homes to be placed on individual lots, with restrictions as described in § 155.066(I)(1)(h) of this chapter.
MANUFACTURED HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered as a location for 25 or more manufactured homes.
MICROBREWERY. A facility that contains a taproom and produces less than 15,000 barrels of beer per year and sells the majority of the beer it produces for off-site resale and consumption.
MOBILE VENDOR. A readily movable trailer or motorized wheeled vehicle, currently registered with the N.C. Division of Motor Vehicles, designed and equipped to serve food; and/or mobile car wash/detailing, pet grooming, tire sales or servicing; and/or sell locally grown produce or seafood. This definition is not inclusive to all uses which may be included as a MOBILE VENDOR and may be left to the discretion of the Planning Director for interpretation. MOBILE VENDORS do not include pressure washing for residential or commercial.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of two sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.
MOTEL or MOTOR LODGE. A building or a group of buildings containing sleeping rooms, designed for or used temporarily by automobile transients, with garage or parking space conveniently located to each unit.
MURAL(S), EXTERIOR WALL PAINTED ART, WORKS OF ART IN PUBLIC. Any mural or works of art in pubic view which is applied directly to the surface of a structure, which can utilize an attached or mountable surface for backing per North Carolina Fire Code specifications and regulations. Typically such murals or works of art are painted or applied directly to the building structure, are of an artistic nature, as well as an informative, and are well suited and appropriate for the particular use, site and built environment. Murals or works of art are exempt from allowable wall signage. This definition applied to sculptures and like works of art in public view.
NATURE PRESERVE. Land dedicated to the preservation and management of the natural environment. NATURE PRESERVES typically have an educational value and may contain accessory uses such as clubhouses, maintenance facilities and parking.
NONCONFORMING LOT. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
NONCONFORMING SITUATION. A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a NONCONFORMING SITUATION may arise because a lot does not meet minimum acreage requirements, structures exceed maximum height limitations, the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter or because land or buildings are used for purposes made unlawful by this chapter.
NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a NONCONFORMING USE.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a NONCONFORMING USE.)
NURSING CARE HOME. A facility maintained for the purpose of providing skilled care and medical supervision at a lower level than that available in a hospital to not more than nine persons.
OFF-GRID SOLAR SYSTEM. A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.
OFFICE, PROFESSIONAL. An office housing a business or service which requires a state approved license such as attorneys, real estate agents, medical, engineering, architectural, certified public accountants and the like. The sale of commodities associated with the profession are allowed. For example, an engineer may sell blueprints or maps, and an ophthalmologist may display and sell eye glasses.
OUTSIDE DISPLAY OF GOODS FOR SALE OR RENT. Display outside of a fully enclosed building of the particular goods or pieces of merchandise or equipment that are themselves for sale. OUTSIDE DISPLAY is to be distinguished from outside storage of goods that are not prepared and displayed for immediate sale or rent.
OVERNIGHT SHELTER FOR HOMELESS. A shelter operated by a nonprofit agency for not more than six persons (in addition to not more than two resident managers) who are referred to the shelter by an established agency within the community such as mental health, the Police Department, the County Department of Social Services, the Salvation Army and the like.
PARK. An area open to the general public and reserved for recreational, educational or scenic purposes.
PARKING AREA AISLES. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
PARKING LOT. An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.
PARKING SPACE. The storage space for one automobile of not less than eight feet by 18 feet, plus the necessary access space. It shall always be located outside the dedicated street right-of-way.
PERMANENT COMMON OPEN SPACE. Any land held and developed as permanent open space or any land dedicated to the public as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas held in public ownership or covered by an open space easement.
PETROLEUM REMEDIATION FACILITY. A facility, designed by a North Carolina professional engineer, satisfying U.S. EPA guidelines, for the intended purpose of receiving petroleum contaminated water to remediate the contamination and discharge the treated water to the city’s wastewater treatment plant (WWTP) via the sanitary sewer system, in accordance with established effluent criteria set forth by the WWTP for the referenced discharge.
PHOTOVOLTAIC SYSTEM. An active solar energy system that converts solar energy directly into electricity.
PLANNED DEVELOPMENT. A development permitted with a special use permit (quasi-judicial) or as part of a conditional district (legislative rezoning) that:
(a) Is constructed on a tract of at least ten continuous acres and is under single ownership at the time of the special use permit or rezoning application and approval;
(b) Is developed in accordance with a comprehensive and unified scheme of development covering the entire tract;
(c) Consists of a single principal use or a combination of principal uses listed in the Table of Uses (§ 155.065);
(d) Is otherwise developed according to or with flexible, site- specific standards such as building heights and setbacks and other regulations applicable to the zoning district, except that the performance standards shall govern uses in a planned industrial development. PLANNED DEVELOPMENTS include the following:
1. Planned Business Development;
2. Planned Office and Institutional/Related Retail Development;
3. Planned Industrial Development;
4. Planned Mixed Residential/ Business Development;
5. Planned Residential Development;
6. Planned Residential and Institutional Development;
7. Planned Residential with Multi-Family Development; and
8. Planned Manufactured Home Development.
(e) All PLANNED DEVELOPMENTS are subject to the quasi-judicial process of the special use permit application. However, for increased flexibility in determining development standards, all planned developments may be developed as part of a conditional district and subject to a legislative hearing for a site-specific rezoning.
PLANNING BOARD. A board appointed by the City Council and by the County Commissioners for the following purposes:
(a) To develop and recommend long-range development plans and policies;
(b) To advise the City Council in matters pertaining to current physical development and zoning for the city’s planning jurisdiction; and
(c) To advise the City Council concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604.
PLANNING DIRECTOR. The person, officer and his or her authorized representatives, whom the City Council has designated as its agent for the administration and enforcement of these regulations.
PLANNING JURISDICTION. The area within the city limits as well as the area beyond the city limits within which the city is authorized to plan for and regulate development pursuant to the authority granted in G.S. Ch. 160D, Article 2.
PLANNING WATER SUPPLY SYSTEM. Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof. (See G.S § 130-31.)
PREFABRICATED STRUCTURES AND MOBILE OFFICES. Any structure which is fabricated or assembled prior to erection or installation on site (residential manufactured homes, travel trailers, utility buildings) is not permitted to be used as an office in any zone except in conjunction with a mobile home sales lot and temporary construction.
PROCESSING. Any operation changing the nature of a material or a material’s chemical composition or physical properties; does not include operations described as fabrication.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.
RECEIVE-ONLY EARTH STATION. An antenna and attendant processing equipment for reception of electronic signals from satellites.
RETAIL. Sale of a commodity, (the sale being) to the ultimate consumer and (the commodity being) not customarily subject to sale again.
ROAD. All private ways used to provide motor vehicle access to two or more lots or two or more distinct areas or buildings in non-subdivided developments.
ROOMING HOUSE. See BOARDINGHOUSE.
SALVAGE OPERATION. The reclamation, dismantling or storage of pre-used commodities, junk and similar material for the purposes of resale, processing, distribution or deposition.
SCHOOL. Any public or private institution for the teaching of children.
SERVICE STATION. Any building or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, lubricants or tires, except that indoor car washing, minor motor adjustment and flat tire repair are only performed incidental to the conduct of the service station.
SHELTER (HOMELESS). Lodging facility that provides lodging with or without meals, or lodging and meals, on a temporary basis to more than five persons who are homeless and are not related by blood, marriage, or adoption to the head of the household or the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.
SIGN. Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems, devices, design, trade names or trademarks by which anything is made known, such as the designation of an individual, firm, association, profession, business commodity or product, which are visible from any public way and used to attract attention.
SIGN AREA. The surface area of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign including lattice work, wall work and individual letters and spaces between letters comprising part(s) of the sign. Computations of SIGN AREA shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle of greater than 60 degrees, the surfaces of both sides of the sign shall be included in the computation of area.
SIGN, BUSINESS IDENTIFICATION. Any sign which advertises an establishment, service, commodity or activity conducted upon the premises where the sign is located.
SIGN, ELECTRONIC BUSINESS IDENTIFICATION. Any electrically illuminated sign which advertises an establishment, service, commodity or activity, designed to have variable digital displays of either text or images for the purpose of conveying information or attracting attention. May also be referred to as a DIGITAL SIGN. Signs of this type may not have any form of pulsating, blinking, strobing or flashing displays. Signs of this type may not be wall-mounted.
SIGN, OUTDOOR ADVERTISING. Any sign which advertises an establishment, service, commodity, goods or entertainment sold or offered on premises other than that on which the sign is located.
SIGN, PORTABLE. Any sign not exceeding 50 square feet in billboard area and not permanently attached to the property on which it is located.
SIGN, SPECIAL EVENTS. Circuses, fairs, carnivals, festivals or other types of special events that run for longer than one day but not longer than two weeks, are intended to or likely to attract substantial crowds and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SITE PLAN, MAJOR. A development application which involves 50,000 square feet or more of gross floor area of non-residential, commercial, or industrial buildings or 50 or more multi-family dwelling units. Major site plan applications are subject to a quasi-judicial procedure and evidentiary hearing.
SITE PLAN, MINOR. A development application which involves less than 50,000 square feet of gross floor area of non-residential, commercial, or industrial buildings or less than 50 multi-family dwellings. Unless the proposed use is permitted by special use permit or subject to a conditional district, the application shall be reviewed administratively.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SOLAR COLLECTOR (ACCESSORY). A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into another source for direct power consumption and interconnection with the power grid to offset energy consumption of a principal use. The device may be roof- mounted or ground-mounted as an accessory use.
SOLAR COLLECTOR SURFACE. Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process. COLLECTOR SURFACE does not include frames, supports and mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating or water heating. SOLAR ENERGY SYSTEMS may include, but not be limited to, solar farms and any of several devices that absorb and collect solar radiation for use as a source of energy.
SOLAR FARM. A facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption. Also referred to as a SOLAR ENERGY GENERATION FACILITY, SOLAR POWER PLANT or SOLAR PHOTOVOLTAIC FARM.
SOLAR MOUNTING DEVICES. Devices that allow the mounting of a solar collector onto a roof surface or the ground.
SPECIAL EVENTS. City, County, or State sponsored events to include festivals, parades, parks and recreations events, school related functions, etc.
SPECIALTY RETAIL - BEER/WINE SHOP. Exclusive sale of packaged or bottled alcoholic beverages (beer and/or wine) to the ultimate consumer and not customarily subject to sale again. On-site consumption for tastings only may be an accessory use pending approval from the Zoning Administrator. In no case shall a retail establishment be allowed to operate as a bar, nightclub, private club or other similar activity.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. This definition includes permits previously referred to as "conditional use permits" or "special exceptions."
STORAGE. The deposition of commodities or items for the purpose of future use or safekeeping.
STREAM. A body of water flowing in a natural surface channel. Flow may be continuous or only during wet periods.
STREET. A public street or a street with respect to which an offer of dedication has been made.
STREET, ARTERIAL. A major street in the city’s street system that serves as an avenue for the circulation of traffic onto, out or around the city and carries high volumes of traffic. All state-maintained streets within the city and their extensions into the extraterritorial area are ARTERIAL STREETS.
STREET, COLLECTOR. A street whose principal function is to carry traffic between minor, local and sub-collector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.
STREET, CUL-DE-SAC. A street that terminates in a vehicular turn-around.
STREET, LOCAL. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.
STREET, MARGINAL ACCESS. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
STREET, MINOR. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
STREET, SUBCOLLECTOR. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.
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, including advertising signs.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development, and all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition:
(a) The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards contained herein;
(b) The division of land into parcels greater than ten acres, where no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or openings of streets;
(d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards contained in Ch. 154 of this code of ordinances; and
(e) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Ch. 29.
TAPROOM. A room that is ancillary to the production of beer at a microbrewery and brewpub where the public can purchase and/or consume the beer produced on site.
TATTOO/BODY PIERCING ESTABLISHMENT. A legal business consisting of marking and coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained herein incidental to such use. Also includes body piercing equipment and apparatuses. Tattoo establishments shall not include temporary tattooing.
TEMPORARY SIGN. A sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of the sign, or is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent, but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
TOURIST HOME. Any building occupied by an owner or operator in which rooms are rented for lodging of transients and travelers for compensation without the preparation and/or serving of meals.
TOWER.
(a) Any structure designed primarily to support an antenna and/or other equipment for receiving and/or transmitting a wireless signal and is the lesser of:
1. More than ten feet taller than the adjacent buildings or trees; or
2. Taller than 40 feet.
(b) See Ch. 156 of this code of ordinances, Wireless Telecommunications Facilities or Complexes.
TRACT. A lot. The term TRACT is used interchangeably with the term LOT, particularly in the context of subdivision where one tract is subdivided into several lots.
TRAVEL TRAILER. A structure that is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the criteria of a manufactured home.
USE. The purpose for which land or structure thereon is designed, arranged or intended to be occupied or used, or for which it is occupied, maintained, rented or leased.
USE, ACCESSORY. See ACCESSORY USE.
USE, NONCONFORMING. A use of building or land that does not conform with the regulations of the district in which the building or land is situated.
USE, PERMITTED. A use which is listed as an unconditionally permitted activity in this chapter.
VARIANCE. A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he or she could not otherwise legally do.
WAREHOUSE. A building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his or her own goods at wholesale and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed or re-shipped.
WHOLESALE. Sale of a commodity for resale to the public for direct consumption.
WIRELESS TELECOMMUNICATIONS FACILITY. A specific location at which a structure that is designed or intended to be used to house, support or accommodate antennas or other transmitting or receiving equipment is located. This includes without limit, towers and support structures of all types and kinds, including, but not limited to, buildings, church steeples, silos, water towers, signs or other any other structure that is used or is proposed to be used as a support structure for antennas or the functional equivalent of such. It expressly includes all related facilities and equipment such as cabling, radios and other electronic equipment, equipment shelters and enclosures, cabinets and other structures associated with the complex used to provide, though not limited to, radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services, Internet access service and any commercial wireless telecommunication service whether or not licensed by the FCC. See Ch. 156 of this code of ordinances, Wireless Telecommunications Facilities or Complexes.
WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER). A wireless telecommunication facility not located on a structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal. See Ch. 156 of this code of ordinances, Wireless Telecommunications Facilities or Complexes.
YARD. A required open space unoccupied and unobstructed by a structure or portion of a structure; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
YARD, FRONT. An open space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property or street right-of-way line and extending across the full width of the lot.
YARD, REAR. An open space between the rear line of the principal building (exclusive of steps) and the rear line of the lot and extending the full width of the lot and may be used for accessory buildings.
YARD, SIDE. An open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard line to the rear yard line.
ZONING CERTIFICATE. A certification by the Planning Director, or his or her authorized agents, that a course of action to use or occupy a tract of land or a building, or to erect, install or alter a structure, building or sign situated in the extraterritorial jurisdiction of the city, fully meets the requirements of this chapter.
ZONING PERMIT. A permit issued by the Planing Director or his or her designee that authorizes the recipient to make use of property in accordance with the requirements of this chapter. Also referred to as a DEVELOPMENT PERMIT.
(2009 Code, § 155.013) (Ord. passed 10-27-1992; Ord. passed 9-13-1994; Ord. passed 9-26-1994; Ord. passed 11-18-1997; Ord. passed 11-10-1998; Ord. passed 1-27-2000; Ord. passed 5-23-2000; Ord. passed 3-26-2002; Ord. passed 2-27-2007; Ord. passed 7-24-2007; Ord. passed 9-25-2007; Ord. passed 12-9-2008; Ord. 09-09-02, passed 10-27-2009; Ord. 09-10-01, passed 11-24-2009; Ord. 09-11-01, passed 1-12-2010; Ord. 11-09-01, passed 10-25-2011; Ord. 2011-10-3, passed 10-25-2011; Ord. 2013-3-26-18, passed 3-23-2013; Ord. 2013-7-23-23, passed 7-23-2013; Ord. 2014-4-8-28, passed 4-8-2014; Ord. 2016-3-22-36, passed 3-22-2016; Ord. 2016-4-26-38, passed 4-26-2016; Ord. 2018-O-59, passed 1-9-2018; Ord. 2020-Z-14, passed 2-25-2020; Ord. 2020-Z-16, passed 9-22-2014; Ord. 2021-Z-17, 1-26-2021; Ord. 2021-Z-19, passed 6-22-2021; Ord. 2022-Z-24, passed 6-28-2022; Ord. 2022-Z-26, passed 10-25-2022)