§ 156.170  DEFINITIONS.
   Definitions associated with "Signage" (§ 156.081) and "Flood Damage Prevention Overlay" (§ 156.136) are contained within their respective sections.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY DWELLING UNIT (ADU).  A second dwelling subordinate in size to the principal dwelling unit located in either the principal dwelling or an accessory structure. The ADU is constructed so as to maintain the appearance and essential character of a single family dwelling and/or any accessory structures.
   ACCESSORY USE.  A use or structure on the same lot with, and of a nature, customarily associated with and clearly subordinate to the principal use or structure.
   ADULT ESTABLISHMENTS.  As defined in G.S. § 14-202.10, except for massage therapists that meet the provisions of G.S. §§ 90-620 through 90-636.
   ALLEY.  A service way providing only a secondary means of access to abutting property.
   ANTENNA.  A device, dish, or array used to transmit or receive telecommunications signals.
   BASE FLOOD.  A flood having a 1% chance of being equaled or exceeded in any given year.  Also referred to as the 100-year flood.
   BED AND BREAKFAST.  An owner-occupied structure that is residential in character and offers overnight lodging and meals for a fee.
   BERM.  A mound of earth.
   BUFFER.  A fence, wall, hedges, landscaped area, additional setbacks, or combination of the above, designed for the purpose of screening or to set apart one land use from another
   BUILDABLE AREA.  The portion of a lot remaining after setbacks have been satisfied.
   BUILDING.  Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, process, equipment, or goods.
   BUILDING HEIGHT.  The vertical distance measured from the mean elevation of the finished grade along the side of the building or structure to the highest point of the building or structure.
   BUILDING, PRINCIPAL.  A building in which is conducted the main or principal use of the lot on which said building is situated.
   CANOPY.  A roof-like cover, often of fabric, metal, plastic, fiberglass or glass on a support, which is supported in total or in part, from the ground and providing shelter over, for example, a doorway, outside walk, interior access drive or parking area.
   CLUB OR LODGE.  An establishment operated by an association or corporation for social, recreational, fraternal, or charitable purposes, but which is not operated for profit or otherwise conducted as a business.
   CONDITIONAL USE.  A use which would not be appropriate generally through the zoning district, but which, if permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein would be allowed.
   CONDOMINIUM.  A residential development of two or more buildings designed and built for unit ownership according to the North Carolina Unit Ownership Act.
   CONGREGATE CARE FACILITY.  A facility composed of residential and congregate areas and affording health-sustaining services to assist the residents. The residential components shall be considered as self-contained dwelling units as defined in the NC Building Code. The facility shall also have congregate areas for use by or service to the residents which may include dining, recreation and medical areas. In addition, services may be provided such as custodial care, physical therapy, and social and recreation coordination.
   CORNICE.  An architectural decorative horizontal projecting crown of an exterior building wall.
   CURB-CUTS.  An opening cut in a curb allowing for the construction of a driveway to a single or multi-retail establishment off a major thoroughfare.
   CUSTOMARY HOME OCCUPATION.  Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof; and in connection with which there is not display and not person, not a resident on the premises, is employed specifically in connection with the customary home occupation.  Provided further, that no mechanical equipment is installed or used except such that is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for home occupations.
   DWELLING.  A building designed, arranged, or used for permanent living quarters for one or more persons.
   DWELLING, DUPLEX.  A detached building with two dwelling units which may be attached side by side or one above the other.  The two dwelling units shall be roughly equal in floor area.
   DWELLING, MANUFACTURED HOME.  A dwelling unit that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be installed or joined on the building site and which meets or exceeds the United States Housing and Urban Development standards for manufactured homes that went into effect June 15, 1976.
   DWELLING, MOBILE HOME.  A dwelling unit that was fabricated before June 15, 1976 in one or more modules at a location other than the home site, by assembly line type production techniques or by other construction methods unique to an off-site manufacturing process and designed for occupancy by one family.
   DWELLING, MODULAR HOME.  A dwelling unit consisting of one or more components constructed in compliance with the North Carolina Uniform Residential Building Code for One or Two-Family Dwelling Units and comprised of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
   DWELLING, MULTI-FAMILY.  A building arranged to be occupied by three or more families living independently of each other.
   DWELLING, SINGLE-FAMILY, ATTACHED.  A one-family dwelling attached to two or more one-family dwellings by common vertical walls.  No dwelling unit may be located above another unit.
   DWELLING, SINGLE-FAMILY, DETACHED.  A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
   DWELLING, TOWNHOUSE.  A single-family dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
   DWELLING UNIT.  A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking, and eating by one family; for owner occupancy or rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking, sanitary, and sleeping facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for periods of less than one week shall be construed to be lodging units.
   EASEMENT.  A grant of rights by a property owner to another individual, group, or governmental unit to make limited use of a portion of real property for a specified purpose.
   EAVE.  The overhanging lower edge created by the intersection of the of the roof and wall planes.
   ELECTRONIC GAMING OPERATION.  Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, beach sweepstakes or cybercafés. This does not include any lottery approved by the State of North Carolina.
   ENTRANCE.  The front door(s) established as the primary customer access point.  The area of an entrance shall include the area on either side of the door for a distance of at least ten feet.
   EXTERIOR WALLS.  The vertical or nearly-vertical planes which form the exterior envelope of a building
   FAÇADE.  The portion of any exterior building elevation extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.  The FAÇADE includes any artificial or structural elevation which is primarily visible to the general public.
   FAMILY.  An individual or two or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than three persons who are not related by blood, marriage, or adoption living together in a dwelling unit. A FAMILY may include five or fewer foster children.
   FAMILY CARE HOME.  A facility licensed by the appropriate state agency as a family care home for one to six unrelated individuals, together with support and supervisory personnel. FAMILY CARE HOMES shall not be located less that one-half (½) mile from each other. See also definitions in G.S. § 168-20.
   FARM, BONA-FIDE.  One used for purposes that include the production and activities relating or incidental to the production of crops, fruits, vegetables, flowering or ornamental plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.
   FASCIA.  A horizontal band or board, often used to conceal the ends of rafters; the front of an object or other structural roof components.
   FREESTANDING SIGN.  A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign.  A sign that stands without supporting elements, such as a "sandwich sign," is a FREESTANDING SIGN. If the message is moved from the structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.
   FULL-CUTOFF LIGHT FIXTURE.  A light fixture that allows no emission of light above a horizontal plane through the fixture.
   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.
   GROUP PROJECT.  Two or more buildings constructed on the same zoning lot of at least two acres not subdivided into the customary streets and lots.
   JUNK.  (G.S. § 136-143(3)) Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
   JUNKYARD.  An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for maintenance or operation of a motor vehicle graveyard, and the term shall include garbage dumps and sanitary fills.  An establishment or place of business which stores or keeps for a period of 15 days or more materials within the meaning of "junk" as defined in G.S. § 136-143(3) which has been created as a result of industrial activity shall be deemed to be a JUNKYARD within the meaning of this definition.
   KENNEL.   Any facility used for the purpose of boarding animals, excluding horses, cattle, swine, sheep, goats, geese or peafowl. KENNELS may conduct other such incidental activities, such as the sale of animals, treatment of the animals, grooming or cleaning, and the sale of pet supplies.
   LARGE RETAIL ESTABLISHMENTS.  Any single or multi-tenant retail establishment with a gross floor area greater than or equal to 30,000 square feet.
   LOT.  A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
   LOT AREA.  The total horizontal area within the boundary lines of a lot exclusive of street or highway rights-of-way and easements or access to other property.
   LOT, CORNER.  A lot abutting two or more streets at their intersection, or upon two parts of the same street, forming an interior angle of less than 135 degrees as measured at the centerline of the street. The point of intersection of the street right-of-way lines, or of the street right-of-way lines as extended, is the corner.
   LOT COVERAGE.  That portion of the lot area, expressed as a percent, that is covered by impervious surface cover.
   LOT DEPTH.  The depth of a lot is the mean distance of the side lines of the lot measured from the mid-point of the front lot line to the midpoint of the rear lot line.
   LOT, INTERIOR.  A lot other than a corner lot.
   LOT LINE.  A line or series of connected line segments bounding a lot.
   LOT LINE, FRONT.  The line which separates the lot from a street right-of-way.  Corner lots shall have only one FRONT LOT LINE.
   LOT LINE, INTERIOR.  A side lot line that separates the lot from another lot.
   LOT LINE, REAR.  That lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot, a line ten feet in length, entirely within the lot, parallel to, and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Zoning Officer shall designate the rear lot line.
   LOT LINE, SIDE.  A lot line other than a front or rear lot line.
   LOT OF RECORD.  A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Wilkes County, or a lot described by metes and bounds, the description of which has been so recorded.
   LOT WIDTH.  The horizontal distance between side lines measured along a line that is parallel to the front lot line and located the minimum exterior setback distance from the front line.
   MANUFACTURED HOME.  A dwelling unit that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be installed or joined on the building site and which meets or exceeds the United States Housing and Urban Development standards for manufactured homes that went into effect June 15, 1976.
   MANUFACTURED HOME PARK.  A contiguous parcel of land under single ownership which has been developed for the placement of manufactured homes for non-transient use.  This definition shall not include manufactured home sales lots on which unoccupied manufactured/mobile homes are parking for purposed of inspection and sale.
   MANUFACTURED HOME SPACE.  The land in a manufactured housing development allotted to or designed for the accommodation of one manufactured home.
   MATERIALS.  Finish materials used on publicly visible walls, freestanding signage, and pedestrian walkways.
   MOTOR VEHICLE GRAVEYARD.  Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.  Any establishment or place of business upon which three or more unlicensed, used motor vehicles which cannot be operated under their own power are kept or stored for a period of 15 days or more shall be deemed to be a MOTOR VEHICLE GRAVEYARD within the meaning of this definition (boats and/or parts of boats are to be included within this definition).
   NONCONFORMITY, LEGAL.  A legal use of a building and/or land that antedates the adoption or future amendments of these regulations and does not conform to the regulations for the district in which it is located.
   NURSING HOME.  A facility for chronic or convalescent patients that is designed to provide long-term care for persons who require medical or nursing care.  NURSING HOMES require skilled nursing personnel and life-support systems and are licensed by the State of North Carolina.
   OPEN SPACE.  The total gross land area on a development site which is not covered by buildings or vehicular use areas.
   OUTPARCEL.  A freestanding lot developed separately but linked functionally to a shopping center.
   PARAPET.  A portion of a vertical wall or architectural railing of a building that extends above the roofline.
   PEDESTRIAN SITE PLAN.  A plan submitted with a large retail establishment (over 30,000 square feet) that denotes the location of certain pedestrian requirements.
   PERSONAL SERVICES.  Establishments primarily engaged in providing services generally to individuals, such as dry-cleaning and laundry pick-up facilities, portrait photographic studios, beauty and barber shops, seamstress shops, shoe repair shops, and clothing rental shops.
   PILASTER.  A vertical projection from a wall generally used for architectural support, esthetic effect, or ornamental purposes.
   PREFABRICATED METAL BUILDINGS.  A building constructed from metal components manufactured and fabricated off site and assembled on the building site.
   PROJECTION.  A portion of the building that extends or juts out from the main wall to add architectural interest to the façade.
   PUBLIC UTILITY FACILITY.  Any structure or facility transmitting a service provided by a government or public utility, including, without limitation, fire stations, emergency medical service centers, telephone and repeater stations, pumping substations, and water towers, but not including telecommunication towers, antennas, and other telecommunication devices.
   RAFTER.  Any of a number of structural components that support a roof (includes roof trusses).
   RECESSION.  A depression in a building facade for the purpose of architectural detail or plan functionality.
   RECREATIONAL VEHICLE.  A vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including, but not limited to: travel trailers, truck campers, camping trailers, self-propelled motor homes, personal watercrafts and boats.
   REST HOMES.  A facility for the care of the aged and infirm whose principal need is a home with such sheltered and custodial care as their age and infirmities require.  Medical care is only occasional, such as may be required in the home of any individual.  The residents of such homes will not, as a rule, have remedial ailments for which continuing skilled planned medical and nursing care is indicated.
   REVEALS.  The side faces of a window or door opening (often known as side lights and transoms).
   ROOF BOOT.  A special piece of flashing designed for installation over a vent protruding through the roof.
   SALVAGE YARD.  A non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.   
   SETBACK.  The minimum required horizontal distance between a structure, including any projection thereof, and a lot line or street right-of-way line, the measurement to whichever is less.
   SPECIAL USE PERMIT.  A document that may be granted by the Wilkesboro Town Council for a specified land use that is permitted in a given zoning district under an ordinance provision that authorizes the use when the Council makes specified findings.  The Council is also authorized to attach other reasonable and appropriate conditions to its permission for the protection of both neighboring properties and larger public interests.
   STREET.  A dedicated and accepted public right-of-way for vehicular traffic that affords the principal means of access to abutting properties.
   STREET, ARTERIAL.  A street used or designed to be used for through traffic, usually on a continuous route, commonly referred to as a thoroughfare.
   STREET, COLLECTOR.  A street whose function consists of both carrying traffic from local residential streets to thoroughfares and providing access to abutting properties.
   STREET, LOCAL.  A street used primarily for providing direct access to abutting property.
   STREET, PRIVATE.  One that is privately maintained.
   STREET, PUBLIC.  One that has been accepted for maintenance by the State of North Carolina or the Town of Wilkesboro.
   STRUCTURE.  Anything constructed or erected above grade, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground (excluding swimming pools, fences, walkways, and patios).
   TEXTURED CONCRETE MASONRY UNITS.  Architectural concrete masonry is made up of various face textures known to the industry as Split Face Block, Split Scored, Fluted or Ribbed and Ground Face Masonry Units.  These units are manufactured under controlled conditions in a variety of materials, colors and texture combination.
   TOWNHOUSE.  A single-family dwelling unit on its own lot that is attached to one or more similar units by a party wall.  Each unit has its own front and rear access and is not located over another unit.
   TRAFFIC ANALYSIS/PLAN.  A plan that addresses the existing and current traffic problems with a site and provides solutions to address adverse traffic conditions.
   VACATED BUILDING(S) OR ABANDONED DEVELOPMENT.  A building and/or site vacated for at least six months without an active renovation/rehabilitation building permit for either the site or structures.
   VARIANCE.  A departure from any provisions of the zoning requirements for a specific parcel, except use, without changing the zoning ordinance or the underlying zoning of the parcel.  A VARIANCE usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zone district.
   VENEER.  Various non structural exterior finishes that are attached to the exterior of a building for improved aesthetics.
   YARD.  An open space, unobstructed from the ground upward, extending fully across the lot while situated between the front lot line, side lot line or rear lot line and the established front building line, side building line or rear building line.
   YARD, FRONT.  An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building, projected to the sidelines of the lot.
   YARD, REAR.  An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the sidelines of the lot.
   YARD, SIDE.  An open, unoccupied space on the same lot with a principal building, situated between the side line of the building and the side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard.
(Am. Ord. passed 9-14-2016)