Section A.3 Definitions.

1939 Line 

   A line established by the Town in 1939 pursuant to the authority set forth in Public Laws of North Carolina, session 1939, Chapter 246, adopted by the North Carolina General Assembly in 1939. This line runs from approximately Jack Parker Boulevard north to Heron Street and is designated more specifically on those maps recorded in Map Book 3 pages 71, 71A and 71B, New Hanover County Registry.

    A

Access Structure

   A built upon surface allowing access to the beach area.

Accessory Building

   A building where it is incidental to that of the main building and is detached and located on the same lot. Garages, carports, and storage sheds are common urban accessory buildings.

Accessory Equipment

   Any equipment serving or being used in conjunction with a telecommunication facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Accessory Structure

   A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as an accessory structure on farms and may or may not be located on the same parcel as the farm dwelling or shop building.

Accessory Use

   A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.

Addition (To an Existing Building)

   An extension or increase in the floor area or height of a building or structure.

Adjacent Property

   Properties immediately adjacent to the property of a request, including properties and any portions of properties directly opposite from the property of the request but separated by a street right-of-way.

Administrative Decision

   Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in N.C.G.S. Ch. 160D. These are sometimes referred to as ministerial decisions or administrative determinations.

Administrative Hearing

   A proceeding to gather facts needed to make an administrative decision.

Adult Care Home

   An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes.

Alteration

   As applied to a building, means any change or modification in construction exit facilities, building equipment, or permanent fixtures which does not include an addition to the building.

Amateur Radio Antenna

   Any tower and/or antenna owned and operated by an amateur radio operator for "amateur service," as that term is defined by 47 C.F.R. § 97.3(a)(4). Said towers and antennas must be used only for noncommercial purposes and must be 50 feet tall or less. For the purposes of this Ordinance, any antenna not meeting this definition shall be deemed a "Wireless Telecommunications Facility."

Antenna

   Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.

Antenna Element Replacement

   The replacement of any part or all an antenna or antenna array with a model of the same manufacturer and model type or close specification.

Apartment

   A portion of a building consisting of one or more rooms with bath and kitchen designed for use as a single-family residence.

Appeal

   A request for a review of the UDO Administrator's interpretation of any provision of this Ordinance.

Applicable Codes

   The N.C. State Building Code uniform fire, building, electrical, plumbing or mechanical codes adopted by a recognized national code organization together with state, New Hanover County or Town of Wrightsville Beach amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

Approval Authority

   The Board of Aldermen shall be the approval authority for all applications for the establishment of vested rights.

Approved

   Approved by the UDO Administrator or his/her designee.

Area of Shallow Flooding

   A designated Zone AO on a community's flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Auditorium

   A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, or other presentations.

Average Foot-Candles

   The average of a number of points of foot-candle calculations or foot-candle readings, either horizontal or vertical, in a given area. The calculations may be initial or maintained foot-candles. Average foot-candles are calculated from measurements on a grid.

Awning

   A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.

    B

Banner

   A sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid supports, such as poles, rods, or a wall.

Barber or Beauty Shop

   A commercial enterprise or business established for the purpose of providing hair cutting services and accessory services which are typical of barber and beauty shops.

Basement

   Any area of the building having its floor subgrade (below ground level) on all sides.

Base Flood

   The flood having a 1% chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE)

   The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map (FIRM).

Base Station

   A station at a specific site authorized to communicate with mobiles stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

Beach Access (a)

   A naturally occurring or built upon surface facilitating pedestrian access to the public beach area

Beach Access Structure

   An access structure or beach walkover or other permitted structure permitting or facilitating access to the beach area.

Beach Walkover

   A means of providing access from the landward side of a dune or dune system to the public beach without disturbing the nature of the dune or surrounding vegetation; access is facilitated by way of a structure installed upon pilings over the dune and terminating at the toe of the dune.

Billboard

   An independent advertising device used to disseminate information concerning a place, activity, or thing not pertaining to the use of the land upon which the advertising device is located.

Board of Aldermen

   The governing body of the Town of Wrightsville Beach, North Carolina.

Boat Rental Facility

   A location where boats are made available for rent. Except as otherwise provided herein, for purposes of this definition, a boat shall mean a motor boat as defined in N.C.G.S. § 75A-2, a vessel as defined in N.C.G.S. § 75A-2 with no means of propulsion other than drifting, manual paddling, poling or rowing or a sailboat. For purposes of this definition a boat or vessel shall not include jet skis or personal watercraft as defined in N.C.G.S. § 75A-13.3. See Section 155.7.21 for additional conditions.

Boat Sales and Service

   A business that sells and services boats with no multi-level storage, no gas sales and no direct water access.

Bona Fide Farm

   Agricultural activities as set forth in N.C.G.S. § 160D-903. Any of the following is sufficient evidence that the property is being used for bona fide farm purposes:

   (1)   A farm sales tax exemption certificate issued by the Department of Revenue.

   (2)   A copy of the property tax listing showing that the property is eligible for participation in the present-use value program pursuant to N.C.G.S. § 105-277.3.

   (3)   A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

   (4)   A forest management plan.

Breach

   A break or gap in the continuity of a dune caused by wind, water or pedestrians.

Breakaway Wall

   A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Bufferyard (a)

   A required open space, containing only screening and other uses as provided by this Ordinance. Both rear yards and side yards shall be considered bufferyards.

Building

   Any structure used or intended for supporting or sheltering any use or occupancy.

Building Front

   The side of a building parallel to, or most nearly parallel to, the lot frontage line or the side of the building containing the primary entrance as designated by the owner. A building front may not face a side or rear lot line.

Building, Height of

   The vertical distance measured from a point in the center line of the street (whether public or private) adjoining the front of the lot on which a structure is to be built or improved that is an equal distance from the side lines extended to the center line of the adjoining street to the highest point of the coping of a flat roof; to the ridge line of a mansard roof; to the ridge of a gable, hip, or gambrel roof; or to the highest point of a roof deck or hand rail. Elevator penthouses and necessary mechanical service equipment are exempt from this height limitation provided they are properly screened. Also exempt are chimneys, solar panels, and church steeples. For corner lots adjoining two streets or for those lots that do not adjoin a street, the adjoining street for purposes of this definition shall be the street which is the address of the lot. Features which increase the height of the street at its center above its average grade, such as speed bumps, shall be omitted in determining building height.

Building Inspector

   The town Building Inspector who is charged by the UDO Administrator with enforcement of this Ordinance, where applicable.

Building Permit

   All land use, development, or building of any sort, excluding agricultural uses, shall be required under this Ordinance to make application for, receive approval of, and obtain a permit for said land use, development, or building. This shall include but not be limited to any land disturbing activities other than that stated above.

Building, Principal

   A building in which is conducted the principal use of the lot on which it is situated.

Building Setback Line

   A line establishing the minimum allowable distance between the property line and the nearest portion of any structure or building constructed on a lot. No building or structure or portion of a building or structure of any kind shall be permitted between the building setback line and the property line, either below, at, or above ground level, except as set forth herein, in Section 2.10, or elsewhere in this Ordinance.

Bulkhead

   A vertical wall structure designed to retain shoreline material and prevent erosion due to wave activity.

    C

Caliper

   The measurement of the diameter of a tree trunk. Measurement shall be taken six inches above grade

CAMA

   North Carolina's Coastal Area Management Act. This act, along with the dredge and fill law and the federal Coastal Zone Management Act, is managed through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM).

CAMA Local Permit Officer (Code Enforcement Official, LPO)

   Staff of the Planning and Inspections Department of the town trained by the Division of Coastal Management to implement the CAMA regulations for minor permits. The Code Enforcement Official referred to in this Ordinance is also a CAMA Local Permit Officer.

Cane

   The slender, strong but often flexible stem of a shrub.

Canopy

   A structure other than an awning made of cloth, metal, or other material which may be totally or partially attached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure.

Carrier on Wheels or Cell on Wheels (COW)

   A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Cellar

   A portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

Chemical Storage Facility

   A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Child Care Center

   An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care.

Coastal Barrier Resources System (CBRS)

   Undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (COBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by federal or state governments or private conservation organizations identified as otherwise protected areas (OPA).

Coastal High Hazard Area

   A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in Article 155.11, Part I of this Ordinance, as Zone VE.

Collocation

   The placement, installation, maintenance, modification, operation or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.

Communications Facility

   The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

Communications Service

   Cable service as defined in 47 U.S.C. § 522(6) (The one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service), and information service as defined in 47 U.S.C. § 153(24) (The term "information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service), and telecommunications service as defined in 47 U.S.C. § 153(53) (The term "telecommunications service" means the offering of telecommunications for a fee directly to the public.).

Communications Service Provider

   A cable operator as defined in "Communications Service" and 47 U.S.C. § 522(5); a provider of information service, as defined in "Communications Service" and 47 U.S.C. § 153(24); a telecommunications carrier, as defined in "Communications Service" and in 47 U.S.C. § 153(51); or a wireless provider.

Computation of Time

   The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday, or a legal holiday, that shall be excluded.

Construction, Light Marina Related

   An activity whose principal business is the construction of marina related structures such as floating docks, piers and other accessory structures, excluding the construction of boats and other water vessels.

Coppice Mounds

   The initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated.

County

   The County of New Hanover, in the State of North Carolina, except as otherwise provided.

    D

Damaged Trees

   Trees with structural defects are considered to be damaged. Some indicators of damaged trees are:

   (1)   Burlwood. Indicates abnormal wood growth and is associated with strength loss.

   (2)   Cavities and Decay. These 'bad spots' in a tree are great for wildlife but are often cause for removal near structures.

   (3)   Construction Injury. Roots, trunk and branches can be severely damaged by grading equipment. Many times this damage is extensive enough that the tree should be removed.

   (4)   Dead Branches. Large dead branches and hangers should be removed if there is no other damage to the tree. Long overextended branches also should be removed. Dead branches by themselves are not cause for removal.

   (5)   Dead Tree. If more than 50% of the major limbs are dead or dying and the tree is in a declining state, it shall be removed.

   (6)   Edge Tree. If an edge tree is leaning and it has a potential target, it should be removed. Natural lean and leans where the ground is being heaved are both considered leans.

   (7)   Fungal Fruiting Bodies (Mushrooms and Conks). This can mean significant strength loss and should be investigated by a professional and removed if it is warranted.

   (8)   Roots, Cankers, Cracks. These can be signs of significant structural strength loss. Either removal or further professional investigation is needed.

"DAS" or "Distributive Access System"

   A technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.

Deteriorated

   That a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all the minimum standards established by this Ordinance, at a cost not in excess of 50% of its value, as determined by findings of the UDO Administrator.

Determination

   A written, final, and binding order, requirement, or determination regarding an administrative decision.

Developer

   A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.

Development

   Any of the following:

   (1)   The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.

   (2)   The excavation, grading, filling, clearing, or alteration of land.

   (3)   The subdivision of land as defined in N.C.G.S. § 160D-802.

   (4)   The initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by N.C.G.S. Ch. 160D.

Development Approval

   An administrative or quasi-judicial approval made pursuant to N.C.G.S. Ch. 160D that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to N.C.G.S. Ch. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Development Regulation

   A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to N.C.G.S. Ch. 160D.

Diameter Breast Height (DBH)

   A measure of the size of a tree. Diameter is measured by finding the circumference of the tree trunk with a tape measure and dividing the result by pi (3.14159). The circumference measure shall be taken at breast height - four and one-half feet above existing grade (the base of the tree). In the event of a multi trunk tree, the DBH of each trunk shall be summed to determine a total DBH for that tree.

Dilapidated

   That a dwelling is unfit for human habitation and cannot be repaired, altered, or improved to comply with all the minimum standards established by this Ordinance at a cost not in excess of 60% of its value, as determined by findings of the Inspector.

Dish Antenna

   A dish antenna, which is also referred to as an earth station, is defined as an accessory structure that includes the following: (1) An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) A low-noise amplifier, which is situated at the focal point of the receiving component and whose purpose is to magnify the transfer signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior of a building.

Disposal

   As defined in N.C.G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

Dock and Piers

   Platforms that extend into public waters for purposes such as mooring watercraft, loading and unloading watercraft, water access, and seating areas. Private docks and piers include those structures associated with residentially zoned areas and for which no rent or fees are charged for use. Commercial docks and piers are those structures associated with commercially zoned areas or for which rents or other fees are charged for use, or for which membership is required for use, such as private clubs.

Drip Line (a)

   The ground area under a tree, directly under the tips of its outermost branches, where it sheds rain or irrigation water.

Dune

   Dynamic sand deposition(s) representing a fluctuation in elevation within that area of the beach having development limitations as prescribed within this Ordinance. The word "dune" as used in this Ordinance shall mean frontal or single dunes, dune ridges, and dune systems or any part thereof, both old and new, and shall include the vegetative cover related to these dunes.

Dune Ridge (Dune System)

   The continuous line of dunes which are usually well vegetated and rise landward of the beach area but may also rise directly from a flat, wave-cut beach immediately after a storm. A continuous line of dunes having primary dune height is called a primary dune system (see Primary Dune).

Duplex

   A building consisting of two dwelling units arranged or designed to be occupied by two families living independently from each other. The units shall share a common and contiguous wall, where the units are side by side, or abutting ceiling and floor, where one unit is above the other.

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. The term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling, Multi-family

   A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein on a site of less than one acre. See also Housing Development.

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.

    E

Elevated Building

   A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Eligible Facilities Request

   A request for a modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

Encroachment

   The advance or infringement of uses, fill, excavation, buildings, permanent structures, or development into a floodplain (which may impede or alter the flow capacity of a floodplain), or into a required setback.

Equipment Compound

   An area containing accessory equipment surrounding or near the base of a wireless support structure within which a wireless facility is located.

Eroding Area

   A portion of the shoreline which is experiencing an historical erosion rate of greater than two feet per year based on published data.

Erosion

   The wearing away of land or the removal of beach and/or dune sediments by wave action tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities.

Evidentiary Hearing

   A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under N.C.G.S. Ch. 160D.

Expansion of an Existing Antenna Array

   The addition of an antenna or antenna array with a new manufacturer and/or model type and/or increases the bandwidth of the antenna or antenna array.

Extermination

   The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the UDO Administrator.

    F

Fall Zone

   The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

Family

   One or more persons related by blood, marriage, or adoption, living as a single housekeeping unit, and having a recognized head of household, or not more than four persons not so related, occupying a dwelling unit and living as a single housekeeping unit.

Family Care Home

   An adult care home having two to six residents. The structure of a family care home may be no more than two stories high, and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground-level accesses to the upper story.

Family Child Care Home

   A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care.

Fence

   Any constructed barrier of any material or combination of materials serving as an enclosure or boundary. A fence shall include all supporting and associated structures such as columns, decorations, gates, and berms. Fences may be open or solid provided the natures of the construction does not violate the provisions of Section 155.7.10.

Festoon

   A chain or garland of flowers, leaves, ribbons, or similar material hung or strung as a decoration.

Fixture

   Assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Floating Home

   (1)   Any vessel in fact used, designed, or occupied as a permanent dwelling unit, business office, or source of any occupation or for any private or social club of whatsoever nature, including, but not limited to, a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is anchored, moored, or docked within the zoning jurisdiction of the town, whether such vessel is self propelled or not and whose volume coefficient is greater than 3,000 square feet. Volume coefficient shall be determined by dividing the habitable space of a vessel measured in cubic feet by the draft of a vessel measured in feet of depth.

   (2)   Where the dead weight of a vessel is excessive from the use of ballast or the extensive use of materials not reasonably needed to provide a safe and durable hull, the weight of such ballast or additional hull thickness shall be computed and any draft resulting from such excess weight or from keels or other projections from the vessel's bottom shall not be included in the vessel draft used to compute the volume coefficient of the vessel.

   (3)   The foregoing definition of "floating home" shall not include a marina restaurant permitted in the C-3 Commercial District III zoning district pursuant to special use permit approved by the Board of Aldermen as provided for in Section 155.7.28 of this Ordinance.

Flood or Flooding

   A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (1)   The overflow of inland or tidal waters; and/or

   (2)   The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance

   The insurance coverage provided under the National Flood Insurance Program.

Flood Insurance Rate Map (FIRM)

   An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Flood Insurance Study (FIS)

   An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes flood insurance rate maps (FIRMs).

Flood Prone Area

   See Floodplain.

Floodplain

   Any land area susceptible to being inundated by water from any source.

Floodplain Administrator

   The UDO Administrator or his/her designee appointed to administer and enforce the floodplain management regulations.

Floodplain Development Permit

   Any type of permit that is required in conformance with the provisions of this Ordinance prior to the commencement of any development activity.

Floodplain Management

   The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain Management Regulations

   Article 155.11, Part I, and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood prone areas. This term describes federal, state, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing

   Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitation facilities, structures, and their contents.

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.

Flood Zone

   A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area.

   (1)   Zone A. Areas subject to inundation by the 1%-annual-chance flood event generally determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no base flood elevations (BFEs) or flood depths are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

   (2)   Zone AE and A1-30. Areas subject to inundation by the 1%-annual-chance flood event determined by detailed methods. Base flood elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

   (3)   Zone VE. Areas subject to inundation by the 1%-annual-chance flood event with additional hazards due to storm-induced velocity wave action. Base flood elevation (BFEs) derived from detailed hydraulic analyses are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

Floor

   A floor shall be the base or supporting surface of a building or the lower most horizontal plane of an enclosed area located between the interior surfaces of the exterior building walls and shall include: (i) all areas whether finished or unfinished; (ii) all open area on each level for the landings of interior stairwells, elevator shafts and interior chases and voids; and (iii) the area under any walls or other supports of any kind.

Floor Area

   The total area of the floor as defined herein of a building.

Floor Area Ratio (FAR)

   The ratio of the measured area of a structure to the lot on which it is built expressed as a decimal. Only the measured area above the base flood elevation shal1 be included in the calculatio n. The measured area and the lot size are always measured in square feet. Applies to single-family and duplex structures only.

Foot-Candle

   Illuminance produced on a surface as measured by a calibrated light meter.

Freeboard

   The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The base flood elevation plus the freeboard establishes the regulatory flood protection elevation.

Frontal Dune

   The first mound of sand located landward of that area extending from the mean low water line to a point where vegetation or a change in elevation occurs having sufficient vegetation, height, continuity and configuration to offer protective value.

Full Cut-Off Lights (a)

   An outdoor light fixture that emits no light rays above the horizontal plane of the fixture.

Functionally Dependent Facility

   A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necess ary for the loading and unloading of cargo or passengers, shipbui lding, or ship repair. The term does not include long-term storage, manuf acture, sales, or service facilities.

    G

Garage

   An area used or capable of being used for normal automobile storage with normal automobile access.

Garbage

   The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

General Maintenance Activities

   Activities related to a structure that involve cleaning and painting and repair or replacement of existing components of the structure with like components in such a way that the existing design of the structure is not altered.

Glare

   Light emitted from a light fixture with intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; the eye's direct line-of-sight contact with a light source.

Green Space

   An area consisting solely of dirt, mulch, or other similar natural ground cover and natural planting materials.

Guest Home or Tourist Home

   Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation, where not more than four rooms are used for these purposes.

    H

Habitable Room

   A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

Habitable Space

   Suitable for habitation and/or housing with a controlled physical environment in which people can live under surrounding hospitable conditions. Habitable space shall also include any space below the 100-year base flood elevation which is finished and which enhances the structural stability of the walls to exceed 20 pounds per square foot. Examples of finished space shall include but not be limited to furniture in place, no floodway openings, and used in the manner described in this definition.

Hazardous Waste Facility

   As defined in N.C.G.S. Ch. 130A, Art. 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Health Club

   A commercial enterprise or business established for the purpose of providing facilities for physical exercise with the use of athletic equipment and accessory services which are typical of health clubs.

Heritage Species

   Any live oak tree or eastern red cedar tree.

Highest Adjacent Grade (HAG)

   The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

Highway

   A dedicated and accepted public right-of-way for vehicular traffic. A highway shall include all of the dedicated right-of-way and shall not be limited to the paved surface only.

Historic Structure

   Any structure that is:

   (1)   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;

   (2)   Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

   (3)   Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government (CLG) Program; or

   (4)   Certified as contributing to the historical significance of a historic district designated by a community with a Certified Local Government (CLG) Program. Certified Local Government Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

Holiday Lighting

   Temporary seasonal lighting, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays.

Home Occupation

   Occupations described herein which are carried out within a dwelling unit for the purpose of gain or support by a person or resident of such premises in accordance with the regulations of this Ordinance. Permitted home occupations shall be limited to office and professional use and homecrafts.

Horizontal Illuminance

   Light falling on a horizontal surface measured in foot-candles.

Hotel and Motel

   A building designed for occupancy for transients and having 16 or more rooms or suites of rooms for rent to such transients. Such hotel or motel shall contain an on-site office of the purpose of renting rooms and such other operational functions normal to a hotel or motel. Single rooms shall contain no more than 500 square feet including one bathroom. Suites shall consist of no more than two rooms not to exceed a total of 600 square feet with one bathroom. Suites may consist of two or more units in combination; however, when this is the case, each unit shall be counted separately for density and parking requirements. (See Apartment, Dwelling-Multifamily.)

Hotel and Motel Suite

   A suite shall be defined as two rooms sharing bath facilities not to exceed a total of 600 square feet.

Hotel and Motel Unit

   A unit shall be defined as one room and a bath with or without kitchen facilities not exceeding 500 square feet.

Household Appliance

   White goods or large electrical appliances that are typically, but not necessarily, finished in white enamel. Household appliance includes, but shall not be limited to, a stove, refrigerator, washing machine, clothes dryer and dishwasher.

Housing Development

   A group of three or more dwelling units on property designed for occupancy by separate families. Examples would be: cluster-type subdivisions; planned unit developments; apartments; and housing projects, a project constructed for unit ownership as permitted by the North Carolina Unit-Ownership Act, (N.C.G.S. Ch. 47A) when approved under the requirements for group housing developments as set forth in the subdivision regulations of the town. Zero setback single-family housing may be allowed provided the housing complies with the special use standards and the setback of the opposite lines shall be double that required for the zone.

    I

IESNA

   Illuminating Engineering Society of North America.

Indirect Illumination

   Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source that is not visible to an observer.

Infestation

   The presence, within or around a dwelling, of any insects, rodents, or other pests in such numbers as to constitute a menace to the health, safety, or welfare of the occupants or to the public.

In the Town

   Any territory, jurisdiction of which for the exercise of its regulatory power has been conferred on the town by public or private law.

    J

None

    K

None

    L

Landlocked Waterfront Lot

   Lots not abutting any streets, but abutting a public beach or waterway.

Legislative Decision

   The adoption, amendment, or repeal of a regulation under N.C.G.S. Ch. 160D or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of N.C.G.S. Ch. 160D.

Legislative Hearing

   A hearing to solicit public comment on a proposed legislative decision.

Levee

   A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System

   A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Level of 100-Year Flood

   The highest level of flooding that, on the average, is likely to occur once every 100 years (or has a 1% chance of occurring each year). In no case, however, shall any structure have habitable space below a minimum of two feet above the base flood elevation as shown on the federal flood insurance rate maps in both the A and V Zones and in both residential and non-residential structures. Both new construction and/or substantial improvement of existing structures shall comply with the requirements of this Ordinance at the lowest supporting structural member in the V Zone and at the finished floor elevation in the A Zone.

Light(ing)

   Light emanating from any human-made device.

Light Pollution

   General sky glow caused by the scattering of artificial light in the atmosphere.

Light Source (Lamp)

   Any light or lighting that directly radiates visible light; part of the fixture that produces actual light.

Light Trespass

   Shining of light produced by a light fixture, other than a municipal street light on a public right-of-way, beyond the boundaries of the property on which it is located. A calibrated measurement above 0.1 foot-candles on the receiving property (the property of the person complaining of the trespass) is "light trespass." The measurement is made at adult eye level five feet within the boundary of the receiving property with a calibrated light meter.

Line of Vegetation

   The extreme seaward boundary of natural vegetation which spreads continuously inland. If unable to identify the stable vegetation line, then the line can be extrapolated from the next nearest point of stable vegetation on both the north and south of the area in question.

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 same.

Lot, Corner

   A lot or portion of a lot at the junction of and abutting upon two or more streets. For nonconforming lots, only the street which the lot is addressed is subject to the front yard setback. See Section 155.2.6, Visibility on Corner Lots.

Lot, Depth of (a)

   The mean horizontal distance between the front and rear lot lines.

Lot Frontage

   The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on through lots, all sides of a lot abutting parallel or approximately parallel streets shall be considered frontages. For landlocked waterfront lots, the side of the lot abutting the water shall be considered the rear lot line and the side opposite this rear lot line shall be considered the front lot line.

Lot Line

   The line bounding a lot as defined herein.

Lot, Through

   A lot having frontage on two parallel or approximately parallel streets.

Lot Width

   The mean horizontal distance between side lot lines.

Lowest Adjacent Grade (LAG)

   The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building.

Lowest Floor

   The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.

Lumen

   Total quantity of light produced by a light source, according to the manufacturer's ratings. One foot-candle is one lumen per square foot.

    M

Maintained Foot-Candle

   Average foot-candles that are calculated with an adjustment for a maintenance factor that includes dirt build-up, lamp lumen loss over time, ballast factor, and so on. Immediately after installation, the system may have higher illumination levels, which over time will decrease to the average maintained level.

Manufactured Home

   A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle.

Manufactured Home Park or Subdivision

   A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market Value

   The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal, replacement cost depreciated for age of building and quality of construction (actual cash value), or adjusted tax assessed values.

Marina or Boatominium

   A place where boats are stored, serviced, or supplied with any type of marine and service a contiguous group of two or more boat slips, each of which is or may be separately owned and with common ownership of the land, piers, walkways, and any other structures necessary for service of the slips. Projects approved under the North Carolina Unit Ownership Act (N.C.G.S. Ch. 47A) and having an approved special use permit are excluded from this definition.

Marina Residential

   A waterfront multi-family residential project allowed only by special use permit in the C-3 Commercial District III and meeting all the criteria set forth in Section 155.7.26.

Marina Restaurant

   A vessel in fact used or designed as a permanent restaurant constructed upon a barge primarily immobile and out of navigation and which functions substantially as a land structure while the same is anchored, moored, or docked within a marina located in the C-3 Commercial District III zoning district of the town, whether such vessel is self-propelled or not, and meeting all of the criteria set forth in Section 155.7.28. A marina restaurant shall be allowed only pursuant to a special use permit issued by the Board of Aldermen for use in conjunction with the operation of a yacht club and related marina meeting all of the requirements set forth in Section 155.7.28.

Marquee

   A roof-like structure or awning projecting over an entrance to a building.

Mayor

   The Chief Elected Official of Wrightsville Beach.

Mean Sea Level

   The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. Refer to each FIRM panel to determine datum used.

Measured Area

   The measured area shall be the total area of the floor of a building that is located above the base flood elevation to include external, non-habitable or unconditioned voids in buildings whether under roof or not and not considered a deck. Where a floor lies below a ceiling height of greater than 15 feet (as in a vaulted ceiling), then that area of the floor under the vertical height of greater than 15 feet shall be counted twice in computing measured area. Attics, with or without a laid floor, with structural headroom of five feet or greater shall be included in the measured area. The following shall be excluded from the computation of measured area:

   (1)   One access corridor in the attic of a building if it:

      (a)   Runs parallel to the center roof ridge;

      (b)   Is no wider than three feet; and

      (c)   Does not exceed five feet in height.

   (2)   Staircases and stair treads.

Meeting and Events Center

   A facility in which space and ancillary services, which may include food services, are furnished to groups holding functions including, but not limited to, meetings, weddings, and receptions. Food may be prepared on site, but food service shall not be provided to members of the general public who are not members of a group holding a function at which the food service is provided.

Meeting Rooms

   A structure or portion of a structure, area or other facility privately owned and utilized for general meeting and conference activities. The use may include an administrative office used solely for the purpose of leasing the meeting room; however, no cooking facilities of any kind shall be permitted in the meeting room or administrative office. Meeting or conference rooms that qualify as accessory uses to a hotel or motel shall be excluded from this definition.

Micro Wireless Facility

   A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

Minimum Foot-Candle

   The minimum foot-candle reading for a given area.

Mixed Use Commercial-Residential

   A type of use providing for commercial use on the first finished floor of the structure facing the public right-of-way or other public space and residential use on the second and any additional permitted floors. No residential use shall be permitted on the first finished floor of the structure. Commercial use shall be permitted on the second or higher finished floors of the structure. Those commercial uses permitted in a mixed use development shall be the commercial uses permitted in the applicable zoning district. Each residential unit permitted in a mixed use development shall have a minimum of 1,500 square feet of heated space and shall comply with all other provisions of this Ordinance.

Modifications, Major

   Improvements to existing telecommunications facilities or support substantial change to the facility or structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the support structure by more than 20 feet or 10% of its current height whichever is greater, and the replacement of the structure.

Modifications, Minor

   Improvements to existing telecommunications facilities and support structures that result in some material change to the facility or support structure but of level, quality, or intensity that is less than a "substantial" change. Such minor modifications include, but are not limited to, extending the height of the support structure by less than 20 feet or 10% of its current height, whichever is greater, and the expansion of the compound area of for additional accessory equipment.

Multiple Dwelling

   Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two families or more, living independently of each other and doing their own cooking in the said building and shall include flats and apartments.

Multi-Unit Assisted Housing with Services

   An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self- administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care.

    N

Natural Area

   Those portions or areas of each lot, tract, or parcel which are designated, or required, to retain the original vegetation and existing topography.

Natural Vegetation

   Any vegetation, whether original or planted, that is compatible with the property according to Article 9, Part III.

Natural Water Feature

   This area shall include the ocean front, all natural and man-made water courses, and all wetlands.

New Construction

   Structures for which the start of construction commenced on or after June 9, 1970, and includes any subsequent improvements to such structures.

Nonconforming Building

   A building that does not comply with the yard, area, and height requirements of this Ordinance.

Nonconforming Lot

   A lot existing on the effective date of this Ordinance or any amendment hereto that cannot meet the minimum area or lot width or depth requirements of the district in which the lot is located.

Nonconforming Situation

   A situation that occurs when, on the effective date of this Ordinance or any amendment hereto, an existing lot or structure, or lawful 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, because a structure does not satisfy maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this Ordinance, or because land, buildings or other areas subject to this Ordinance are used for purposes made unlawful by this Ordinance or any amendment hereto.

Nonconforming Structure

   A structure that legally existed prior to the adoption date of this Ordinance, but which is not in compliance with the requirements of this Ordinance for the district in which the structure is located.

Nonconforming Use

   Any building, land or other areas subject to this Ordinance lawfully occupied by a use on the effective date of this Ordinance or amendment hereto which does not conform after the passage of this Ordinance or amendment with the use requirements of the district in which it is situated. For example, a commercial retail use 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, the use of property as a duplex in an area zoned exclusively for single-family residences is a nonconforming use.

Non-Encroachment Area

   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 designated in the flood insurance study report.

Non-Glare

   Materials with a finish which does not produce a brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Nursing Home

   A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care.

    O

Oath

   Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

Oceanfront Lot

   A lot of record which is adjacent to the Atlantic Ocean or the property line or other inlet hazard area. An oceanfront lot shall also include lots adjacent to town, state or U.S. Government owned property that adjoins the Atlantic Ocean.

Oceanfront Pier

   A pier constructed wholly or in part east of the property line as established by Chapter 246 of the Public Laws of North Carolina, Session 1939, as amended.

Ocean Hazard Area

   Those AECs that are considered natural hazard areas along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and water, uncontrolled or incompatible development could reasonably endanger life or property. Ocean hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative, and soil conditions indicate a substantial possibility of excessive erosion or flood damage.

Ocean-Related Business

   A business activity limited solely to teaching participants to surf, paddle board, or kite board and the rental of chairs and umbrellas by hotels located immediately adjacent to the beach front.

Occupant

   Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

Occupancy

   The purpose for which a building is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.

Official Time Standard

   Whenever certain hours are named in this code, they shall mean standard time or daylight saving time as may be in current use in this town.

OPA

   An otherwise protected area.

Opaque Fence

   Any six foot minimum fence which creates complete visual separation between adjoining properties.

Opaque Wall

   Any six foot minimum wall which creates complete visual separation between adjoining properties.

Openable Area

   That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Open Air Market

   Any temporary display of goods in an open or partially open setting as requested by the applicant and approved by the Board of Aldermen.

Operator

   Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Ordinary Maintenance

   Ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing, and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure's foundation or of the support structure itself. Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor modifications or major modifications.

Original Vegetation

   Plant life that existed on the site at its first stage of existence.

Outdoor Lighting

   Night-time illumination of an outside area, object, or building by any man-made device located outdoors or indoors that produces light by any means.

Owner

   Any owner of a legal or equitable interest in real property, including heirs, devisees, successors and assigns, having a vested estate and the agent or personal representative of such owner. For purposes of this Ordinance, owner shall include a person holding a valid and recorded option to purchase the real property with respect to which he seeks to establish a vested right.

    P

Parking Facility

   Area used for the storage of vehicles. Interior shall mean the area within the parking facility curb or pavement.

Parking Lot Off-Site

   A parking lot providing off-site parking for commercial uses located within 400 feet of the nearest point of the property on which the parking lot is located. Such parking lot shall only be used for parking directly associated with the commercial use with which the parking lot is associated and for no other purposes.

Parking Lots

   Lands outside of the public right-of-way, properly improved in accordance with Article 155.9, Part I, Off-Street Parking Requirements, with suitable ingress from and egress to a public street, for the sole use of parking motor vehicles.

Parking Space (a)

   A clearly marked storage space for one automobile, plus the necessary access space. Such parking space shall always be located outside the dedicated street right-of-way and conform to the standards set forth in Article 155.9, Part I.

Parties in Interest

   All individuals, associations, and corporations who have interests of record in a dwelling or any who are in possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Ordinance, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Person

   A corporation, firm, partnership, limited liability corporation (LLC), association, organization, and any other group acting as a unit, as well as an individual.

Personal Property

   Every type of property except real property, as herein defined.

Planning and Development Regulation Jurisdiction

   The geographic area defined in N.C.G.S. Ch. 160D within which a city or county may undertake planning and apply the development regulations authorized by N.C.G.S. Ch. 160D.

Platting Jurisdiction

   The land located within the corporate limits and the land located within one mile in every direction from the corporate limits and not located in any other incorporated city or town. However, the platting jurisdiction shall extend only to a point equidistant from the corporate limits of the town.

Plumbing

   The labor, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and public or private water-supply system, within or adjacent to any building, structure, or conveyance; also the labor and material used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewage, and water supply systems on any premises to their connection with any point of public disposal.

Post-FIRM

   Construction or other development for which the start of construction occurred on or after June 12, 1970, the effective date of the initial flood insurance rate map for the area.

Pre-FIRM

   Construction or other development for which the start of construction occurred before June 12, 1970, the effective date of the initial flood insurance rate map for the area.

Premises

   A lot, plot, or parcel of land including the buildings or structures thereon.

Primary Dune

   The Coastal Area Management Act defines a primary dune as the first mounds of sand located landward of the ocean beaches having an elevation equal to the mean flood level for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression behind that same mound of sand.

Primary Frontal Dune

   A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

Principally Above Ground Building

   A building that has at least 51% of its actual cash value, including machinery and equipment, above ground.

Private Access Easement

   A private access easement is an easement crossing private property and providing access to four or fewer residential lots, all of which were existing lots of record as of May 13, 2014 and are located in the R-1 or R-2 Zoning Districts. A private access easement shall be constructed in accordance with the standards set forth in Section 155.7.21.

Private Club

   An establishment that is organized and operated solely for a social, recreational, patriotic, or fraternal purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests. This provision does not, however, prohibit such an establishment from being open to the general public for raffles and bingo games as required by N.C.G.S. § 14-309.11(a) and N.C.G.S. § 14-309.13. No organization that discriminates in the selection of its membership on the basis of religion shall be eligible to receive any permit issued under this Ordinance. A private club does not include permanent or temporary residential occupancy.

Protected Trees

   The following shall be considered protected trees and shall be subject to the provisions of this Ordinance.

   (1)   Trees planted or retained in order to meet the requirements of Article 9, Part III; or

   (2)   Any heritage tree having a DBH measurement of at least eight inches on town-owned property, any public right-of- way, or private property.

Public Easement

   As used in this code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department.

Public Safety and/or Nuisance

   Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public Trust Waters

   All waters of the Atlantic Ocean from the mean high water mark seaward; all natural bodies of water subject to measurable tides; and all navigable waters.

    Q

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. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.

    R

Real Property

   Includes lands, tenements, and hereditaments.

Recreational Vehicle (RV)

   A vehicle, which is:

   (1)   Built on a single chassis;

   (2)   Four hundred square feet or less when measured at the largest horizontal projection;

   (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

   (4)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Reference Level

   The top of the lowest floor for structures within special flood hazard areas designated as Zone A1-30, AE, A, A99, or AO. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within special flood hazard areas designated as Zone VE.

Regulatory Flood Protection Elevation

   The base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard.

Remedy a Violation

   To bring the structure or other development into compliance with state and community floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Ordinance, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Remove (Including Removing or Removal)

   The cutting down or digging up of any live or dead vegetation; the cutting of any portion of a protected tree that has the dimensions of a protected tree at the point of the cut; and all other acts that cause the death or destruction of any protected tree.

Repair

   The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be a violation of a provision of law or ordinance. The term repair or repairs shall not apply to any change of construction.

Replacement

   Constructing a new support structure of proportions and of equal height or such other height as would be allowed under the definition of minor modification to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation and removing the preexisting support structure.

Replacement Tree

   A tree replanted and surviving for at least one year to compensate for the removal of a tree of greater diameter. Replacement trees shall have a DBH of at least three inches when planted.

Required

   Required by some provision of this Ordinance.

Residence

   A building or portion thereof designed, arranged, or used for permanent living quarters for one or more families.

Residence, Single-family

   A detached building designed for occupancy by or occupied exclusively by one family.

Residential Child-Care Facility

   A staffed premise with paid or volunteer staff where children receive continuing full-time foster care.

Residential Occupancy

   Buildings in which families or other households live or in which sleeping accommodations are provided. Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses, and all dormitories.

Residential Piers

   Piers owned by the contiguous landowner in residential zones or the shore zone which portion of the shore zone would be an extension of the residential use of the owners lot.

Residential Unit

   A building or portion thereof designed, arranged, or used for living quarters for one family.

Restaurant

   An establishment whose principal business is the sale, to customers, of foods, frozen desserts, or beverages, in a ready-to-eat state, and whose design and principal method of operation determines its classification as follows:

   (1)   Standard: In standard restaurants, food and beverages are usually consumed within the restaurant building and;

      (a)   Customers are provided with an individual menu and served by an employee at the same table or counter at which their food and beverages are consumed; or

      (b)   Customers make their selections of food and beverages from a counter where ready-to-eat items are displayed, as in cafeteria or buffet service, and carry their selections to a table for consumption.

   (2)   Carry-out: Foods and beverages are usually served in edible containers or in paper, plastic, or other disposable containers by an employee at a standing counter or drive-in window, and consumption is normally off the premises but may be allowed within a motor vehicle parked on the premises or at other facilities on the premises outside the principal building.

   (3)   Fast-food: A fast-food restaurant is the same as carry-out but in addition allows consumption of food and beverages within the principal building.

   (4)   Sidewalk café: A standard restaurant that has been approved for an outside dining space placed on a public sidewalk.

Retaining Wall

   A wall or similar structural device used at a grade change to hold the soil on the uphill side from slumping, sliding, or falling.

Rezoning

   See Zoning Map Amendment.

Rooming House

   Any dwelling, or that part of any dwelling containing one or more rooming unit, in which space is let by the owner or operator to three or more persons who are not members of the family of the owner or operator.

Rooming Unit/Rental Unit

   Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Root Protection Zone

   The land area around the base of a tree in which disturbances are prohibited in order to protect the roots of the tree and aid in the tree's survival.

Rubbish

   Combustible and non-combustible waste materials except garbage, and the term shall include ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

    S

Salvage Yard

   Any 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.

Schools, Limited Public Classroom Leases

   Leasing of space by a public school system, as a tenant, in structures owned by the Wrightsville Beach Baptist Church located at 601 Causeway Drive, Wrightsville Beach, N.C. that were in existence on September 1, 2012, for use only as public school classrooms and related storage and restroom areas. No more than two classrooms may be leased by such landlord in all property owned by such landlord within the town. Any lease entered into in accordance with Ordinance 1742, passed April 8, 2015, shall permanently end on or before June 20, 2019.

Search Ring

   The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

Service Station

   Any building or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, lubricants, or tires; however, indoor car-washing, minor mechanical adjustment, and tire repair are only performed incidental to the conduct of the service station.

Shielding

   A design feature or a device that is applied to a light fixture or to a structure on which a light fixture is mounted to prevent its light output from being visible from selected locations or horizontal and/or vertical angles.

Shopping Center Complex

   A building or buildings located on the same site having three or more commercial uses with a minimum of 16,000 square feet of gross leasable area, planned and constructed as a single project with appropriate parking and loading facilities located on-site.

Shore Line Development Boundary

   The eastern-most boundary for development on oceanfront lots at Wrightsville Beach. The exact location of the Shore Line Development Boundary is dependent upon a comparison of varying enforcement factors with the most restrictive applying.

Shrub, Intermediate

   Deciduous or evergreen plants installed at a minimum height of 36 inches, a minimum of five canes, and a minimum spread of roots or rootball diameter of 14 inches.

Shrub, Large

   Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum height of five-feet, a minimum of six canes, and a minimum spread of roots or rootball diameter of 24-inches. Large shrubs shall be maintained at a height of six to ten feet.

Shrub, Small

   Deciduous and/or evergreen plants, as required in the applicable sections, installed at a minimum height of 18-inches, a minimum of five canes, and a minimum spread of roots or rootball diameter of ten inches. Small shrubs shall be maintained at a height of 2 to 4 feet.

Sidewalk (a)

   Any portion of a street, between the curb line and the adjacent property line intended for the use of pedestrians.

Sign

   Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which anything is made known, including any surface, fabric, or other material or structure designed to carry such devices, such as are used to designate or attract attention to an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are exposed to public view, and used to attract attention.

Sign Alteration

   Any change of copy, sign face, color size, shape illumination, position, location, construction, or supporting structure of any sign.

Sign Area (a)

   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 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, Balloon

   One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.

Sign, Business

   An advertising device used to disseminate information concerning a person, place, or thing, pertaining to the use of the land upon which it is located.

Sign, Cabinet

   A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

Sign, Combination

   A sign incorporating any combination of the features of freestanding, projecting, and wall signs.

Sign, Fixed

   Any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location.

Sign, Freestanding

   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.

Sign, Illegal

   Any of the following:

   (1)   A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use;

   (2)   A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises;

   (3)   A sign that is a danger to the public or is unsafe; or

   (4)   A sign that pertains to a specific event that has not been removed within seven days after the occurrence of the event.

Sign, Independent (Billboard)

   One advertising device used to disseminate information concerning a person, place, or thing not pertaining to the use of the land upon which it is located.

Sign, Kiosk

   A sign consisting of three to five sides that lists names of businesses located on a property or in a building.

Sign, Marquee

   A sign designed to have changeable copy, either manually or electronically. Marquee signs may be a principal identification sign, a freestanding sign, or a wall sign.

Sign, Memorial

   A sign, tablet or plaque memorializing a person, event, structure or site.

Sign, Menu

   A temporary sign used to inform the public of the list of entrees, dishes, foods, and entertainment available in a restaurant.

Sign, Mobile

   A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one particular location for the express purpose and intent of promotion or conveying an advertising message.

Sign, Monument

   A freestanding sign supported primarily by an integral structural framework or integrated into landscaping or other solid structural features other than support poles.

Sign, Moving

   Any sign which in part or in total rotates, revolves, or otherwise is in motion.

Sign, Off-Premises

   A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, Painted Wall

   A sign applied to a building wall with paint and which has no sign structure.

Sign, Permanent

   A sign attached to a building, structure, or the ground in some manner that requires a permit from the Planning and Inspections Department and which is made of materials intended for long term use.

Sign, Portable

   A sign designated or intended to be moved easily that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure. Including but not limited to the following signs: trailer signs (with or without wheels), menu and sandwich boards, signs mounted for advertising purposes on a vehicle that is parked and visible from the public right-of-way (except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of that business), sidewalk or curb signs, A-frame signs, and signs worn or held by a person.

Sign, Public Information

   A sign, usually erected and maintained by a public agency, that provides the public with information and in no way relates to a commercial activity. Includes, but not limited to, speed limit signs, stop signs, city limit signs, street name signs, and directional signs.

Sign, Real Estate, Off-site

   A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.

Sign, Rotating or Revolving

   A sign which in its entirety or in part move in a revolving or similar manner. Such motion does not include methods of changing copy.

Sign, Searchlight (Beacon)

   Search-lights shall be considered signs that are used to announce, direct attention to, or advertise businesses.

Sign, Snipe

   An off-premises sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or to other objects.

Sign, Temporary

   An attached on-premises sign made of nonrigid material, designed and displayed for a seasonal or brief activity such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, and signs advertising the lease or vacancy or rental units in multi-unit residential developments. Symbols, figures, balloons, and other similar items shall be considered temporary signs.

Sign, Third-Party

   Any sign identifying an enterprise and including a sponsoring advertisement, such as Coca Cola or 7-Up.

Sign, Wind

   Any display or series of displays, banners, flags, balloons, or other objects designed and fashioned in such a manner as to move when subjected to wind pressure.

Sign, Yard

   A sign intended for temporary use that is not permanently affixed to the ground or a structure of any kind and can be easily moved from one location to another. An example would be a sign supported by a thin metal frame which frame is stuck into the ground for support.

Signature or Subscription

   Includes a mark when the person cannot write.

Site Plan

   A document setting forth certain required information which shall include visual locations, accurate dimensions, and all other requirements necessary to determine the scope, impact, design, and the like of a project.

Site Specific Vesting Plan

   A plan that has been submitted to the town in which the applicant requests vesting pursuant to N.C.G.S. § 160D-108.1, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, any of the following plans or approvals: a subdivision plat, a preliminary or general development plan, or a special use permit. At a minimum, the plan must include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; approximate location on the site of proposed buildings, structures and other improvements; approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads and pedestrian walkways.

Small Wireless Facility

   A wireless facility that meets both of the following qualifications:

   (1)   Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

   (2)   All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet.

For purposes of this definition, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, or other support structures.

Solid Waste Disposal Facility

   As defined in N.C.G.S. § 130A-290(a)(35), any facility involved in the disposal of solid waste.

Solid Waste Disposal Site

   As defined in N.C.G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

Special Flood Hazard Area (SFHA)

   The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined in Article 155.11, Part I.

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. The term includes permits previously referred to as conditional use permits or special exceptions.

Specimen Tree

   Any heritage tree, such as a Live Oak or Eastern Red Cedar, which usually has one main stem or trunk and a DBH measurement of at least 20 inches.

Stable Vegetation

   All natural vegetation in all areas of the town to include original vegetation as defined in this section; the CAMA Local Permit Officer shall determine stability.

Stairway

   One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.

Start of Construction

   Includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

State

   The State of North Carolina, except as otherwise provided.

Stealth Telecommunications Facility

   Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. Stealth technique includes such techniques as i) DAS or its functional equivalent; or ii) camouflage where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a wireless facility.

Story

   That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street

   Includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto within the town and shall mean the entire width of the right-of-way between abutting property lines.

Street Yard (a)

   Area, except for driveways, parallel and contiguous. The public right-of-way which is measured perpendicular to the public right-of-way.

   If a lot is located on the corner of two public rights-of-way, the owner shall designate one yard as the street yard and one yard as a side yard.

Structure

   Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having more or less permanent location on the ground.

Subdivision

   All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this definition:

   (1)   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 municipality as shown in its subdivision regulations.

   (2)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

   (3)   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

   (4)   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 of the municipality, as shown in its subdivision regulations.

   (5)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.

Substantial Damage

   Damage of any origin sustained by a structure during any one-year period 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. See definition of Substantial Improvement.

Substantial Improvement

   Substantial improvement shall include improvements and/or additions to a residential, commercial, or other building or structure the cost of which exceeds 50% of the assessed tax value of the structure as listed by the New Hanover County Tax Office or as determined by a certified appraisal. For purposes of this Ordinance, the term "assessed value" shall mean the value of the structure before the improvement is started. The cost of the substantial improvement shall be determined by adding together the cost of all proposed construction.

Substantial Modification

   The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below.

   (1)   Increasing the existing vertical height of the structure by the greater of (i) more than 10%; or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

   (2)   Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance.

   (3)   Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

Supplied

   Paid for, furnished, or provided by, or under control of the owner or operator.

    T

Temporary Housing

   Any trailer or other structure used for construction or display purposes.

Tenant or Occupant

   Applied to a building or land shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

Threatened Trees

   Those trees that may have a problem in later years if left in their current state and are not cared for properly. These are trees which exhibit:

   (1)   Stunted Growth. Small distorted leaves and twigs.

   (2)   Leaf Color. Abnormal leaf color is an indicator of a problem. Fertilization is usually necessary to correct this problem unless it is a drainage problem.

   (3)   Insects and Disease. Leaves, twigs and roots can be affected by insects and diseases. Diagnosis and treatments should be provided by a tree care professional.

   (4)   Bark. Peeling bark is an indicator of damage be it either mechanical, fungal or cold related.

   (5)   Excessive Cut or Fill. Both are equally damaging and should be evaluated thoroughly. Exposing the root flare to the air or covering the trunk with soil are both detrimental.

Town

   Town of Wrightsville Beach, except as otherwise provided.

Town Right-of-Way

   A right-of-way owned, leased, or operated by a town, including any public street or alley that is not a part of the state highway system.

Town Utility Pole

   A pole owned by a town in the town right-of-way that provides lighting, traffic control, or a similar function.

Tree Protection Fence

   Any fence material at least three feet in height with integrity to survive the period of construction.

Tree Protection Plan

   An informal tree protection and mitigation plan submitted to the Department of Planning and Parks staff to seek approval for removal of protected trees. Tree heights may be estimated on the plan.

Tree, Shade

   Single stem deciduous or evergreen tree expected to reach a height in excess of 30 feet at maturity. Installed shade trees shall be a minimum of a 12 to 14 foot height and a minimum two inch caliper.

Tree, Small

   Deciduous or evergreen tree expected to reach a height of not more than 30 feet at maturity. Installed tree shall be a minimum of eight to ten in height with a minimum one inch caliper.

    U

Uniformity Ratio

   The ratio of the average foot-candle calculation to the minimum foot-candle reading for a given area. This ratio is an indicator of lighting uniformity.

Up-Lighting

   Any light including but not limited to pole mounted, wall mounted, or ground mounted fixtures that project above an imaginary horizontal plane through the fixture.

Use

   The specific activity or function for which land, a building, or a structure is designated, arranged, intended, occupied, or maintained.

Use, Principal

   The primary use and chief purpose of a lot or structure.

Utility/Service Equipment Stands

   Elevated decks required to raise electrical and mechanical equipment, including but not limited to HVAC units, electrical meters, and generators above the regulatory flood protection elevation as defined in Article 155.11, Part I.

Utility Pole

   A structure that is designed for and used to carry lines, cables, wires, lighting facilities or small wireless facilities for telephone, cable television, or electricity, or to provide lighting or wireless services that is not owned by the town.

    V

Variance

   A grant of relief from the requirements of this Ordinance.

Ventilation

   The process of supplying and removing air by natural or mechanical means to or from any space.

Vertical Illuminance

   Light falling on a vertical surface measured in foot-candles.

Vertical Outdoor Platform Lift

   A fully powered vertical platform device designed to raise a person or objects in order to overcome a step or similar vertical barrier that does not include or require an enclosure, shaft, or surrounding structure. Vertical outdoor platform lifts do not include traditional enclosed elevators such as those typically found within a structure.

Vessel for Hire

   A watercraft for hire meeting one of the following classifications:

   (1)   A watercraft for hire approved by the U.S. Coast Guard for the carrying of seven or more persons; or

   (2)   A watercraft for hire approved by the U.S. Coast Guard for the carrying of six or fewer persons.

A vessel for hire shall not include a personal watercraft as defined in N.C.G.S. Chapter 75A.

Vested Right

   The right of an owner of property to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan.

Violation

   The failure of a structure or other development to be fully compliant with the community's floodplain management regulations or other applicable sections of this Ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under Article 155.11, Part I of this Ordinance is presumed to be in violation until such time as that documentation is provided.

    W

Washover Areas

   Low areas that are adjacent to beaches and are inundated by waves and storm tides. Washovers may be found in abandoned tidal channels or where dune systems are poorly developed or breached by storm tides and erosion.

Water Surface Elevation

   The height, in relation to mean sea level of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Water Tower

   A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

Watercourse

   A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Watercraft

   A boat, houseboat, jet ski, canoe, raft, surfboard, or other apparatus designed for use on water, including trailers therefor, and motors, engines, or sails designed to propel such craft or apparatus.

Wireless Infrastructure Provider

   Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

Wireless Services

   Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

Wireless Services Provider

   A person who provides wireless services.

Wireless Support Structure

   A new or existing structure, such as a monopole, lattice tower, or guyed tower, that is designed to support or capable of supporting wireless telecommunications facilities, radio or TV antennas. A utility pole is not a wireless support structure.

Wireless Facility

   Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

   (1)   The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

   (2)   Wireline backhaul facilities.

   (3)   Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

   (4)   Amateur radio antennas see also, N.C.G.S. § 160D-905. See also the definition of "Amateur Radio Antenna".

Writing or Written

   Includes printing and any other mode of representing words and letters.

    X

None

    Y

Yard

   A required open space on the same lot with a principal building. No structure or portion of a structure shall be permitted in any part of a required yard, either below, at, or above ground level, except as set forth in Section 155.2.10 or elsewhere in this Ordinance.

Yard, Front (a)

   An open unoccupied space on the same lot with a principal building between the front line of the building and the lot frontage line (as defined herein) extending across the full width of the lot.

Yard, Rear (b)

   A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

Yard, Side (c)

   An open unoccupied space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard line to the rear line. If there is no front yard, the front boundary of the side yard shall be the front line of the lot and if there is no rear yard the rear boundary of the side yard shall be the rear line of the lot.

    Z

Zoning Enforcement Official

   The government officer who is charged by the UDO Administrator with enforcement of this Ordinance, where applicable.

Zoning Map Amendment

   An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes (i) the initial application of zoning when land is added to the territorial jurisdiction of The Town of Wrightsville Beach and (ii) the application of an overlay zoning district. The term does not include (i) the initial adoption of a zoning map by the Town of Wrightsville Beach, (ii) the repeal of a zoning map and read option of a new zoning map for the entire planning and development regulation jurisdiction, or (iii) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.

(Ord. 1695, passed 11-8-12; Am. Ord. 1705, passed 4-11-13; Am. Ord. 1725, passed 3-19-14; Am. Ord. 1728, passed 5-13-14; Am. Ord. 1739, passed 3-12-15; Am. Ord. 1742, passed 4-8-15; Am. Ord. 1764, passed 2-9-17; Am. Ord. 1788, passed 11-14-19; Am. Ord. 1792, passed 1-15-20; Am. Ord. 1796, passed 7-9-20; Am. Ord. 1800, passed 7-9-20; Am. Ord. 1804, passed 7-9-20; Am. Ord. 1808, passed 10-8-20; Am. Ord. 1811, passed 10-8-20; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1850, passed 9-13-23)