Sec. 201.1. [Generally.]

For the purpose of this chapter, certain words shall be interpreted as follows. Except as defined herein, all other words used in this chapter shall have their customary dictionary definition.

The word "person" includes a "firm, association, organization, partnership, trust, company, or corporation as well as an individual."

The word "may" is permissible.

The word "shall" is always mandatory and not merely directory.

The words "used" or "occupied" include the words "intended, designed, and arranged to be used or occupied."

The word "lot" includes the word "plot, parcel, site, and premises."

The word "building" includes the word "structure."

The words "map," "zoning map," and "Ahoskie Zoning Map" shall mean the Official Zoning Map for the Town of Ahoskie, North Carolina.

The word "town" shall mean the "Town of Ahoskie, a municipal corporation of the State of North Carolina."

The words "ordinance," "regulation," and "chapter" shall mean the official zoning ordinance for the Town of Ahoskie, North Carolina.

The words "planning board" or "board" shall mean the Town of Ahoskie Planning Commission.

The words "town board" shall mean the Town Council of the Town of Ahoskie, North Carolina.

The words "board of adjustment" shall mean the Town of Ahoskie Board of Adjustment.

Sec. 201.2. Tense and number.

The present tense includes the future tense and the future tense includes the present tense.

The singular number includes the plural number, and the plural number includes the singular number.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this chapter shall have the meaning indicated when using this chapter.

Accessory building or use. A subordinate building or use incidental to the principal building or use on the same lot.

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 this chapter. 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 bookstore. A bookstore that:

(1)

Which receives a majority of its gross income during any calendar month from the sale of publications (including books, magazines, and other periodicals) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section; or

(2)

Having as a preponderance of its publications, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.

Adult live entertainment business. Any establishment or business wherein adult live entertainment is shown for observation by patrons. Adult live entertainment is any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section.

Adult mini-motion picture theater. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.

Adult motion picture theater. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult theater. A theater, concert hall, auditorium, or similar commercial establishment that for at least ten percent of its business hours in any day, features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult video store. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video tapes or cassettes, video reproductions, CD-ROMS, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or any combination thereof.

Alley. A public thoroughfare which affords only a secondary means of access to abutting property.

Animal tent show. A temporary, nonpermanent open air entertainment event which may include animals.

Apartment. See Dwelling, multifamily.

Apparel manufacturing. Manufacturing of apparel and other finished products made from fabrics, leather, and similar materials. This shall include the cutting, sewing, and assembly of finished materials for the purpose of manufacturing clothing. This shall not include textile mill products manufacturing.

Area of environmental concern (AEC). An area designated and regulated by the Coastal Area Management Act as biologically productive and thus important to the estuarine system. Ahoskie Creek is designated as a public trust water AEC (see Ahoskie Land Use Plan for complete description).

Assisted living. Housing for the elderly or disabled that provides nursing care, housekeeping and prepared meals as needed.

Automobile repair (major). Activities that include motor overhauls, body repairs, straightening of body parts, replacement of automobile glass, or other major mechanical work which, by its nature, creates excessive noise, odor, smoke, dust, or other objectionable characteristics.

Automobile repair (minor). Activities which involve work on mufflers, tires, tune-ups, greasing, brakes, radiators, electrical, etc., with all minor repair work conducted within an enclosed area.

Automobile service stations. Establishments engaged in selling gasoline and lubricating oils, and which may sell other merchandise or perform only minor repair work. Also included are convenience stores involved in the sale of fuels.

Automobile, truck, recreational vehicle, motorcycle and boat sales. Establishments engaged in the retail and/or wholesale of new and/or used automobiles, trucks, recreational vehicles and campers, motorcycles and motor boats including other watercraft, trailers, marine supplies and outboard motors, collectively referred to as vehicles for purposes of this definition. These establishments frequently maintain repair departments (see also major and minor repair) and carry stocks of replacement parts and accessories. For purposes of interpretation, the concurrent display for sale of not more than any five such vehicles upon a lot containing a legal nonresidential principal use may be considered an accessory use in accordance with applicable conditions set forth by definition. Specifically, the concurrent display for sale of not more than any five such vehicles upon any lot containing a legal vehicle related major or minor repair establishment, or a bank, savings and loan or other lending institution engaged in the repossession of vehicles shall be considered an accessory use to such principal use.

Bank. A financial institution that allows drive-through and automatic tellers. See Financial institution.

Bar. Taverns, nightclubs, beer halls, cocktail lounges, private clubs and cabarets.

Bed and breakfast. A single-family detached dwelling unit which is owner or manager occupied, in which five or fewer guest rooms are rented to transient visitors for a period not to exceed 30 days.

Billboard. See Sign, off-premises.

Boardinghouse or rooming house. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A roominghouse or boardinghouse is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. See Tourist home.

Bona fide farm purposes. Agricultural activities as set forth in G.S. 160D-903.

Buffer (or bufferyard). A combination of land and physical barriers such as fencing, plant materials, and earthen berms which separate or screen various land uses and street rights-of-way.

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

Building line. See Setback line.

Car wash. A structure or portion thereof, containing facilities for washing motor vehicles by hand or by using production-line, automated or semi-automated methods for washing.

Care home. A health facility with support and supervisory personnel that provides room and board, personal care, and rehabilitation services for more than six residents. This definition also includes "nursing home," "convalescent home," "rest home" and similar terms of equivalent meaning. See Family care home and Retirement home.

Church. A facility principally used for people to gather together for public worship, religious training, or other religious activities. This use does not include home meetings or other religious activities conducted in a privately occupied residence.

Circulation area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Club or lodge. An incorporated or unincorporated association for civic, cultural, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefit of its members.

Commercial, (permitted or special uses):

Agricultural implement repair, indoor. An indoor facility used primarily for the repair, replacement, modification, adjustment, or servicing of agricultural tools or equipment.

Animal hospital (veterinary hospital). A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

Bus station. A premises for the storage or parking of motor-driven buses or the loading and unloading of passengers.

Business office. A building occupied by one or more offices for activities related to the sale or provisions of goods and services to others, including: financial service provider, real estate agents, nonprofit or other community services and governmental agencies.

Butcher shop. A shop in which meat and poultry (and sometimes fish) are sold.

Cab stand. A space set aside on a public street or town-controlled facility for the exclusive use for taxi cab.

Columbarium. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person.

Dental clinic. A building or portion of a building containing the offices and associated facilities of a dentist that focuses on the care of teeth.

Exterminator. A business that specializes in the extermination of troublesome rodents and insects.

Farm machinery sales. Establishments engaged in the retail and/or wholesale of new and/or used farm machinery.

Farming. The use of a parcel of land for the production of plants or animals for use by humans.

Fish market. A marketplace used for marketing fish products. It can be dedicated to wholesale trade between fishermen and fish merchants, or to the sale of seafood to individual consumers, or to both.

Forestry. Activities primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services.

Funeral home. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Hardware. Tools, machinery, and other durable equipment.

Laundry/dry cleaning. Establishments that provide services pertaining to the cleaning of clothing or fabrics.

Medical clinic. A building or portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy or similar service for out-patients only, with or without shared common spaces and equipment.

Manufactured home sales. Establishments engaged in the retail and/or wholesale of new and/or used manufactured homes.

Nursery. Land or greenhouses used to raise flowers, shrubs and plants for sale.

Paint/wallpaper sales. Establishments engaged in the retail and/or wholesale of paint, wallpaper and associated supplies.

Parking lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.

Pet shop. A shop where domestic animals and domestic animal products are sold.

Print shop. An establishment where the printing of newspapers, books, and other materials takes place.

Radio/TV repair. Establishments engaged in the repairing of radio and TV's. These establishments may also carry stocks of replacement parts and accessories.

Recreational vehicle sales and service. Establishments engaged in the retail and/or wholesale of new and/or recreational vehicles. These establishments frequently maintain repair departments and carry stocks of replacement parts and accessories.

Seed/feed. An establishment that sales grain for planting and feed for farm animals as well as other goods related to farming.

Shoe repair. The business of fixing, mending, rebuilding or remodeling of boots and shoes.

Train station. A place where trains load or unload passengers or goods.

TV or radio broadcast station. An establishment engaged in transmitting oral and visual programs to the public and that consists of a studio, transmitter, and antennas.

Comprehensive plan. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. 160D-501.

Conditional use. See Special use permit.

Conditional zoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.

Convenience store. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items. It is designed to attract and depends upon a large volume of stop-and-go traffic. For convenience stores involved in the sale of fuels, see Automobile service station.

Curb cut. A lowered or cut-away curb for purposes of ingress or egress to property abutting a public street.

Day care facilities for children, kindergarten. A structure or structures used for the care and supervision of six or more children on a nonresident basis.

Decision-making board. A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this ordinance.

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 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 this ordinance.

Development approval. An administrative or quasi-judicial approval made pursuant to this appendix 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 (formerly conditional use permits), variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, 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 this ordinance.

Dish antenna (or earth station). A dish antenna, or earth station, is defined as an accessory structure and shall mean a combination of: (1) 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 and transfer signals; and (3) a coaxial cable whose purpose is to carry the signals into the interior of the building.

Dish antenna (or earth station) height. The height of the antenna or dish shall be that distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.

Dish antenna (or earth station) setback. The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.

District, zoning. A section of the Town of Ahoskie or its extraterritorial area within which the zoning regulations are uniform.

Dog pen. A noncommercial accessory use to a private structure that is fenced in, with or without a roof, providing containment and/or shelter for not more than two dogs beyond the age of 12 weeks. See Kennel.

Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Duplex. See Dwelling, two-family (duplex).

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 unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Event venue. A space for hosting weddings, conferences, showers, and other similar events.

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 this chapter.

Extraterritorial area (or jurisdiction). That portion of the town's planning and development regulation jurisdiction that lies outside the corporate limits of the town as delineated on the official zoning map for the Town of Ahoskie.

Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, fraternity, or sorority house, or hotel.

Family care home. A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident handicapped persons.

Farmers market. A food market, often held in a public place outdoors at regular intervals, at which local farmers sell their produce directly to consumers.

Financial institution. Any institutional use concentrating on banking activities such as savings and loans and banks not involved in drive-through or automatic tellers.

Floodplain. Any land area susceptible to be inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the town clerk's office.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this appendix, the term refers to that area designed as a floodway on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the town clerk's office.

Frontage. The distance between the two side lot lines as measured along the front setback line.

Golf course. Land used for the sport of golf including any clubhouse or office incidental to the use.

Governing board. The town council shall be known as the governing board of the Town of Ahoskie.

Gross floor area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Group projects. Two or more buildings to be constructed on a parcel of land not subdivided into customary streets and lots and which will not be so subdivided.

Guest house. An accessory building or portion of an existing single-family dwelling that provides lodging for guests or tenants that may or may not pay rent. See Boardinghouse.

Habitable floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Halfway house. A home licensed by the State of North Carolina, as applicable, for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.

Home occupation. An occupation for gain customarily conducted in a single-family dwelling by a person or family residing thereon and subject to the requirements set forth in subsection 401.J of this appendix.

Home professional office. The office, studio or occupational room of a doctor, dentist, architect, artist, musician, instructor, professional engineer or surveyor, lawyer or similar professional person or of a person engaged in real estate or insurance when such use is in conformance with subsection 401.K of this appendix.

Hotel, motel, motor lodge, motor inn. A commercial building or group of buildings providing lodging for the public, where such lodging is primarily for transient patrons. See Tourist home.

Indoor recreation facility. A business providing facilities within an enclosed building for sports and active recreation where patrons are predominately participants.

Industrial, (permitted or special uses):

Airport. A place where aircraft can land and take off. Usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

Building materials storage and sales. Facilities intended for the storage of building materials. These facilities frequently also include the sales of building materials and associated products.

Bus garage. A building where buses are stored, maintained and repaired.

Carpentry. The activity or occupation of constructing or repairing wood products.

Carpet cleaning. The business of removing stains, dirt, grit, sand, and allergens from carpet.

Electrical and industrial equipment repair. Establishments engaged in the repairing of electrical and industrial equipment. These establishments carry stocks of replacements parts and accessories.

Farm product assembly. The putting together of manufactured parts to make a completed product, such as machine or circuit to be used for farming.

Flammable gases/liquids storage. Facilities intended for the storage of flammable, explosive or toxic chemicals, liquids or gases.

Industrial research/educational facilities. Facilities owned by government or private entities used primarily for or to support education and industrial research, including, but not limited to, classrooms, administrative offices, student housing and research facilities.

Publishing and reproduction. The business or profession of editing, producing, or reproducing books, newspapers or magazines.

Warehouse. A building used primarily for the storage of goods and materials.

Warehouse, mini-storage (exterior storage). An outdoor commercial facility in which customers can rent space to store possessions.

Warehouse, mini-storage (interior storage). An indoor commercial facility in which customers can rent space to store possessions.

Wholesaling. The selling of goods in relatively large quantities and usually at lower prices than at retail. Especially selling to retailers for resale to consumers.

Institutional, (permitted or special uses):

Cemetery. Property used for the interring of the dead.

Hospital. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

Sanitarium. A hospital used for treating chronic and usually long-term illnesses.

Junkyard. Use of property for indoor or outdoor storage, sale, or resale of junk, including scrap metal, rags, paper, or other scrap materials, used lumber, salvaged house wrecking, and structural steel, materials and equipment, or for the dismantling, demolition, or abandonment of automobiles and boats or other vehicles or machinery or parts thereof.

Kennel. Kennels may be private noncommercial dog pens which contain more than two dogs or commercial enterprises which provide food, shelter, and other services regardless of the number of dogs. See Dog pen.

Landowner or owner. The holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.

Legislative decision. The adoption, amendment, or repeal of a regulation under this chapter. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. ch. 160D, art. 10.

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

Loading and unloading area. That portion of the vehicle accommodation area used to satisfy the requirements of section 402 of these regulations.

Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purpose of transfer of title.

If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.

Lot area. The total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating the lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street, and (2) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Lot, corner. A lot which has at least two adjacent sides abutting for their full lengths on a street; provided that the interior angle at the intersection of such two sides is less than 135 degrees. See Lot line, front.

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any sheltered area.

Lot depth. The mean horizontal distance between front and rear lot lines.

Lot, double frontage. A lot which fronts on two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot line. The line bounding a lot as defined in the definition of "lot" in this section.

Lot line, front. The line dividing a street right-of-way from a lot as defined in this section. In the case of corner lots, both lines shall be front lot lines for determining dimension requirements.

Lot of record. A lot which is a part of a subdivision or plat which has been recorded in the office of the Register of Deeds of Hertford County, or a lot described by metes and bounds, the description of which has been so recorded in the office of the register of deeds.

Lot width. The distance between side lot lines measured along the minimum front setback line.

Manufactured home or mobile home. A structure as defined in G.S. 143-145(7).

Manufactured home or mobile home, class A. A dwelling unit constructed with one or more components which are prefabricated and hauled to the site that are capable of producing a dwelling which is indistinguishable from conveniently built homes and which meet the construction requirements of the North Carolina Uniform Residential Building Code as amended.

Manufactured home or mobile home, class B. A dwelling unit that:

(1)

Is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code as amended; and

(2)

Is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site; and

(3)

Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development; and

(4)

Conforms to the following appearance criteria:

a.

The manufactured home has a minimum width, as assembled on the site, of 20 feet;

b.

The pitch of the manufactured home's roof has a minimum vertical rise of three inches for each 12 inches of horizontal run, and the roof is finished with asphalt or fiberglass shingles;

c.

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding, wood or hardboard;

d.

The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot, and a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home before occupancy.

Manufactured home, class C. Any manufactured home that does not meet the definitional criteria of a class A or class B manufactured home but which, at a minimum, exceeds 40 feet in length and eight feet in width.

Manufactured home park. A residential use in which more than one class C manufactured home is located on a single lot. See section 405 for specific provisions related to manufactured home parks.

Manufacturing, class A. Manufacturing uses that include the manufacturing of boats, bags, leather goods, optical and scientific instruments, jewelry, clocks, musical instruments, pharmaceutical products, manufactured homes, campers, signs, stonecutting, monuments, and Venetian blinds. Also included are manufacturing plants such as bakeries, bottling works, cold storage, ice, dairy processing, drycleaning and laundry. Other uses allowed in this category are welding, coal yards, food processing (other than meal, fish, poultry, vinegar or yeast), grain elevators, lumber yards, and sheet metal and tinsmith shops.

Manufacturing, class B. Manufacturing uses that include the manufacturing of iron and steel products, industrial chemicals, machines, tools, oxygen, cardboard, rags, paper, pulp, pottery, porcelain, vitreous china, poultry dressing, railroad cars, soap, detergent, textiles, and fertilizer. Also included are the plating and galvanizing of metals, cooperage works, enameling, lacquering, meat packing, metal fabrication, and concrete mixing. Other uses allowed in this category are hatcheries, truck terminals, freight, hauling, junk and storage yards.

Mobile food unit. A food service establishment that is vehicle-mounted or wheeled and is capable of being readily moveable.

Motel. See Hotel, motel, motor lodge, motor inn.

Nightclub, beer hall, coffeehouse, cocktail lounge, private club, and other similar activities. A place of entertainment usually open during the late afternoon, evening, and/or early morning hours and: (1) serving or allowing the consumption of distilled or intoxicating liquors, wines, fortified wines, mixed beverages, malt beverages, beer or other alcoholic beverages; (2) providing facilities for music, either live or recorded and may provide space for a floor show and/or dancing; and (3) required to possess a valid permit(s) or license(s) issued by the North Carolina Alcoholic Beverage Control Commission for the sale and on-premises consumption of distilled and/or malt beverages.

However, a nightclub, beer hall, coffeehouse, cocktail lounge, private club or other similar activity that is an ancillary part of a larger use, such as a full-service restaurant of 50 seats or more or a motel, shall be required to meet the provisions of this ordinance that apply to that larger principal use if they are a physical and integrated part of that use.

This definition shall be considered to be generic to each and all activities of this nature.

Nonconforming lot. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.

Nonconforming situation. A situation that occurs when, on the effective date of this appendix, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed 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 appendix, or because land or buildings are used for purposes made unlawful by this appendix.

Nonconforming use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)

Nursing home. See Care home.

One mile area. See Extraterritorial area.

Parking area aisles. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).

Parking space. A portion of the vehicle accommodation area for the parking of one vehicle.

Personal service business. A business that is created to provided personal services to individuals or groups such as massage studios, spas, hair salons, permanent jewelry studios, tattoo parlors, nail salons, and the like:

Barbershop/beauty shop. A business used by a barber or hairdresser to provide their services.

Pet grooming service. Any establishment or mobile unit, public or private, where pet animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value or health, or both, and for which a fee is charged.

Planning and development regulation jurisdiction. The geographic area which the town may undertake planning and apply the development regulations authorized by this ordinance.

Principal use. The principal use for which a lot or the main structure thereon is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.

Produce stand. A stand for the sale of agricultural products such as fruits, vegetables, flowers, and house plants, not necessarily grown on-site.

Professional service office. Offices rendering professional services such as legal, medical, dental, engineering or architectural.

Property. All real property subject to land-use regulation by the town. The term includes any improvements or structures customarily regarded as a part of real property.

Public use, class A. Any office, agency, operation or facility of the local, state or federal government and/or their various subparts that is owned, leased, operated or maintained for the public good and safety (i.e., library, museum, public offices). Such use shall not involve the outdoor storage of equipment or materials. The category of uses provided for under this definition shall not include such uses as correctional facilities, sanitary landfills or other uses which create excessive noise, odor, smoke, dust, congestion or other objectionable characteristics.

Public use, class B. Any office, agency, operation or facility of the local, state or federal government and/or their various subparts that is owned, leased, operated or maintained for the public good and safety. Such uses shall include correctional facilities, sanitary landfills, treatment plants and the like that may contain dangerous apparatus or create excessive noise, odor, smoke, dust, congestion or other objectionable characteristics.

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.

Recreational, (permitted or special uses):

Bowling alley. A business open to the public which offers the use of bowling lanes, typically equipped with an operable automatic pin setting apparatus and which food service for consumption on the premises is incidental to bowling and related activities.

Circus, carnival, fair. A traveling or itinerant commercial amusement enterprise consisting of sideshows, games, merry-go-rounds, or other mechanical amusement devices temporarily located within the town.

Commercial swimming pool. Any manmade, permanently installed or nonportable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use.

Exercise or dance studio. A space used for exercise classes or a place in which dancers learn or rehearse.

Indoor commercial park, playground. An indoor commercial space that offers indoor play activities for children and young adults such as trampoline parks, bounce house, ball pits, bumper cars and that like.

Miniature golf course. A facility used for a novelty version of golf played with a putter and golf ball on a miniature course and featuring obstacles such as alleys, bridges and tunnels.

Outdoor Commercial park, playground. An outdoor active recreational area with a variety of facilities, including equipment for younger children as well as court and field games.

Outdoor sports. Any activity involving physical exertion and skill that takes place outside on a field or open area.

Residential, (permitted or special uses):

Planned unit development. An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained according to plan as a single entity and containing one or more structures with appurtenant common areas.

Three-family dwelling (triplex). A building containing three dwelling units, each of which has direct access to the outside or to a common hall.

Residential accessory use. Any subordinate building or use incidental to a residential dwelling that is used for storage, a dog pen, a dish antenna, or any other residentially related use that is located on the same lot as the dwelling. This use does not allow for renting or occupying for gain of any such building.

Residential accessory uses relating to a residential development can include such things as indoor and outdoor recreational facilities such as swimming pools, saunas, game and craft rooms, exercise and dance studios, and community meeting rooms and lounges.

Restaurant, drive-in. A restaurant which serves any commodity or provides any service outside of the building.

Restaurant, standard. An establishment whose principal business is the sale of food and beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; (2) a cafeteria-type operation where food and beverages are generally consumed within the restaurant building.

Retail store, class A. A store that retails such items as notions, shoes, clothing, jewelry, gifts, books, leather goods, flowers, cameras, toys, sporting goods, musical instruments, hobby and craft goods, drugs, candy, groceries, antiques, automobiles, bicycles, electrical and plumbing fixtures, furniture, appliances and similar items, that has no outdoor storage of materials and does not create excess noise, odor, smoke, dust, congestion or other objectionable characteristics.

Retail store, class B. Reserved for future use.

Retirement homes. Retirement homes are facilities which provide for varying levels of housing, feeding, recreational and educational activities, and medical care for retired people. Included as foreseeable uses in a retirement home are duplex residential units, multifamily residential structures, skilled nursing facilities, infirmaries, food preparation and service facilities, administrative offices, recreational, and other accessory facilities. See Care home and Family care home.

Rooming house. See Boardinghouse.

School. Any public or private learning institution including elementary, secondary, trade or vocational schools along with associated grounds and athletic facilities and any college, university or community college including associated facilities such as dormitories, office buildings, athletic fields and the like.

Service station. See Automobile service station.

Setback line. The line on the front, rear, and sides of a lot, set according to the zoning district regulations, which delineates the area upon which a structure may be built and maintained.

Sexually oriented business. A business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A sexually oriented business shall include an adult establishment as defined in G.S. 14-202.10(2) and, in addition, without limitation: adult bookstore, adult live entertainment business, adult mini motion picture theater, adult motion picture theater, adult theater, and adult video store.

Shelter, fallout. A structure or portion of a structure that provides protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies.

Shopping center. Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves.

Sign. Any device that: (1) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in section (2) of this definition; and (2) is designed to attract the attention of such persons or to communicate information to them.

Sign, awning. A sign structure supported by an existing structural awning or building overhang, placed perpendicular to the street.

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 having a principal function other than the support of a sign. A sign that stands without supporting elements is also a freestanding sign.

Sign, nonconforming. A sign that, on the effective date of this appendix, does not conform to one or more of the regulations set forth in this appendix, particularly section 403.

Sign, off-premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, temporary. A sign that: (1) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or (2) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

Sign, wall. A sign attached to, painted on, or erected against a wall or parapet wall of a building, structure or fence whose display surface is parallel to the face of the building, structure or fence.

Site plan. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.

Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Small business incubator facility. A building or group of buildings that provide space and support facilities for small business concerns within the meaning of Chapter 14A or Title 15, United States Code and G.S. 143B-471ff. The uses of the facility may include any use permitted in the B-1 central business district and the I-L light industrial district provided that:

(1)

All operations and storage shall be contained within the building.

(2)

No use shall be permitted which generates smoke, odor, noise, vibration, or other noxious effect which is detectable outside the building.

(3)

No materials or processes may be used which would violate the primary fire district standards established under the provisions of G.S. 160D-1126.

Solar farm. A facility to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption. The use of solar collector for personal or business consumption that occurs on-site is not considered a solar farm.

Special service agency. An agency rendering special services such as real estate, insurance, advertising, brokerage, stenographic, telephone answering, and the like.

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.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered: (1) human genitals, pubic region; (2) buttock; or (3) female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts.

Stable. A structure or an enclosed area housing one or more horses.

Street. A public street or a street with respect to which an offer of dedication has been made.

Street, arterial. A major street in the city's street system that serves as an avenue for the circulation of traffic onto, out, or around the city and carries high volumes of traffic.

Street, collector. A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

Street, cul-de-sac. A street that terminates in a vehicular turnaround.

Street, marginal access. A street that is parallel to or adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

Street, minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.

Street, subcollector. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.

Structure. See Building definition.

Studio. A business facility that involves artistic, photographic, or design activities and the like.

Subdivision. The division of land for the purpose of sale or development as specified in G.S. 160D-802.

Tent events. A temporary, nonpermanent open air event used for entertainment, exhibits, public gatherings and/or selling of merchandise.

Tobacco and vape retailer. A retail business that primarily sales and/or distributes any product made or derived from tobacco, nicotine, or CBD that is intended for human consumption of any form, including the primary sale or distribution of electronic devices that deliver nicotine, CBD, or other substances.

Tourist home. A dwelling in which sleeping and/or eating accommodations are provided or offered to transient visitors for compensation. See Boardinghouse.

Trailer, house. See Manufactured home.

Trailer park. See Manufactured home park.

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet. A travel trailer is not a dwelling unit.

Variance. A variance is a relaxation of the terms of this appendix. A variance may be made where, owing to conditions peculiar to the property not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. Variances may be granted by the board of adjustment which must adhere to certain rules and regulations as set forth in this appendix.

Vehicle accommodation area. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).

Wireless telecommunications facilities means and includes a "telecommunications tower" and "tower" and "telecommunications site" and "personal wireless facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes, without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the town's siting, building and permitting authority, excluding those used exclusively for the town's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limits set forth in this definition.

Yard. A required open space unoccupied and unobstructed by any structure or portion of a structure, from ground to sky, except as provided herein.

Yard, front. A yard extending across the front of a lot from side lot line to side lot line and lying between the abutting street right-of-way line and the front building setback line.

Yard, rear. A yard extending across the rear of the lot from side lot line to side lot line and lying between the rear property line and the rear building setback line.

Yard, side. A yard extending along either side of a lot from front setback line to rear setback line and lying between the side lot line and the side setback line.

Zoning administrator. That person designated by the town manager to be in charge of the administration of the zoning ordinance.

Zoning enforcement officer. That person designated by the town manager to be in charge of the enforcement of the zoning ordinance (i.e., building inspector).

Zoning map amendment or rezoning. 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 that has previously adopted zoning regulations; and (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include: (i) the initial adoption of a zoning map by the town; (ii) the repeal of a zoning map and readoption 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. No. 1995-9, 9-12-1995; Ord No. 1997-2, § 22, 2-11-1997; Ord. No. 1999-2000-27, § 202, 2-8-2000; Ord. No. 2005-2006-13, 3-14-2006; Ord. No. 2009-2010-7, 3-9-2010; Amend. of 12-11-2012(2); Ord. No. 2013-2014-4, 5-13-2014; Ord. No. 2014-2015-1, 7-8-2014; Mins. of 9-12-2017; Ord. of 6-8-2021(2); Ord. No. 2023-2024-27, 1-11-2024; Ord. No. 2023-2024-47, 4-9-2024)