The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.

(a)

All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in accordance with the general purposes set forth in § 30-1106, Purpose and Intent, and the specific purpose statements set forth throughout this Ordinance.

(b)

When a specific section of these regulations gives a different meaning than the general definition provided in Division 3 of this Article, the specific section's meaning and application of the term shall control.

(c)

Terms that are not defined are subject to their common or customary meaning.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.

(b)

Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.

(c)

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the Town.

(b)

Whenever certain hours are named, they shall mean standard time or daylight savings time as may be in current use by the Town.

(c)

The term "day" means a calendar day, or any day during a week, including business days and weekend days.

(d)

The term "holiday" means a legal holiday recognized by the Town.

(e)

The term "week" means five business days and two weekend days. Weeks commence on a Monday.

(f)

The term "month" means a calendar month.

(g)

The term "year" means a calendar year.

(h)

The term "temporary" shall mean a condition lasting for only a limited period of time; not permanent.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

References to this Ordinance. A reference to an article, section, subsection, or paragraph means an article, section, subsection, or paragraph of this Ordinance, unless otherwise specified.

(b)

References to other regulations or publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition or adopted version of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

(c)

References to North Carolina General Statutes. Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Delegation of authority. Whenever a provision of this Ordinance requires or authorizes an officer or employee of the Town to do some act or perform some duty, the officer or employee may designate, delegate, or authorize subordinates to perform the act or duty unless the terms of the provision specifically provide otherwise.

(b)

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(c)

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the Town of Archer Lodge, unless otherwise indicated.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(b)

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may," "can," and "should" are permissive in nature.

(c)

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items, conditions, provisions or events apply.

(2)

"Or" indicates that one or more of the connected items, conditions, provisions, or events apply.

(d)

Tenses, plurals, and gender of words.

(1)

Words used in the past or present tense include the future tense as well as the past and present.

(2)

Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

(3)

Words used in the masculine gender include the feminine gender and the neuter, and vice versa.

(e)

Term not defined. If a term used in this Ordinance is not defined, the Town Planner is authorized to interpret the term in accordance with § 30-3306, Determination and Interpretation, based upon the definitions used in professionally accepted sources.

The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in like cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The purpose of this section is to clarify the rules of measurement and exemptions that apply to all principal and accessory uses allowed in this Ordinance. These standards may be modified by other applicable sections of this Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Straight lines. Unless otherwise stated in this Ordinance, distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining two points.

(b)

Rounding. Unless otherwise provided in this section or elsewhere in this Ordinance, numerical operations that result in fractions shall be rounded upwards or downwards in accordance with this section:

(1)

Density. When the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, any fractional component shall be disregarded and rounded down to the nearest whole number.

(2)

All other instances. All calculations that result in a fractional unit or part of a whole number, a fraction of one-half or more shall be rounded up to the next highest whole unit and a fraction of less than one-half shall be disregarded.

(3)

Irregular shapes. In cases where an irregular shape complicates the application of these standards, the Town Planner shall determine the applicable dimensional, setback, or bulk standards in accordance with the standards in this section and § 30-3306, Determination and interpretation.

(c)

Separation.

(1)

Lot to lot. When the provisions of this Ordinance require separation between two or more lots, or a lot and another feature, separation shall be measured by drawing straight lines from the nearest point of one lot line to the nearest point of the lot line subject to the separation requirement (see Figure 29: Separation).

(2)

Use type to use type. When the provisions of this Ordinance require one use type to be separated from another use type, separation shall be measured by drawing straight lines from the nearest point of the wall of one existing or proposed principal structure to the nearest point of the wall of another existing or proposed structure subject to the separation requirement.

FIGURE 29: SEPARATION

(d)

Abutting versus adjacent.

(1)

Abutting. The term abutting describes a condition where two or more features (a lot line, building, driveway, etc.) are immediately beside or next to one another either on the same lot or on different lots sharing a common lot line.

(2)

Adjacent. The term adjacent describes a condition where two or more similar features (a lot line, building, use type, structure, site feature, etc.) are proximate to one another, but are separated by some form of intervening feature, such as a street, alley, water feature, railroad, lot or property under separate ownership, or natural feature of sufficient size so as to prevent direct site visibility or impede the movement of sound from one feature to another.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Lot measurements.

(1)

Acreage. The total number or gross number of acres on a tract or site.

(2)

Lot depth. The dimension measured from the front of the lot to the extreme rear line of the lot. In case of irregularly shaped lots, the mean depth shall be taken (see Figure 30: Lot Measurements).

(3)

Lot width. The width of a lot is measured at right angles to its depth at the edge of the street setback or at a proposed building setback line, whichever is further from the street right-of-way.

(4)

Minimum lot area. The minimum amount of required land area, measured horizontally, that must be included within the lines of a lot. Lands located within any private easements shall be included within the lot area.

(5)

Street frontage. The length of the lot line of a single lot abutting a public or existing private street right-of-way.

FIGURE 30: LOT MEASUREMENTS

(b)

Lot lines. A lot line is a line of record bounding a lot which separates one lot from another lot or separates that lot from a public or private street or any other public space. The following terms describe differing types of lot lines (see Figure 31: Lot Lines):

(1)

Front lot line. The lot line that fronts or that is parallel and proximate to the street from which the lot's street address is derived. A front lot line does not have to border street right-of-way line.

(2)

Rear lot line. The lot line opposite and most distant from the front lot line.

(3)

Side lot line. The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line. Side lot lines abut other lots, easements, public trust lands, or rights-of-way other than a street right-of way.

(4)

Street lot line. A lot line that borders a platted street right of way, whether or not the street is actually constructed or open to vehicles or pedestrians.

FIGURE 31: LOT LINES

(c)

Lot types.

(1)

Corner lot. A lot which occupies the interior angle at the intersection of two street lines or a single street which make(s) an angle of more than 45 degrees and less than 135 degrees. The front of the lot is the lot line adjacent to the street from which the lot obtains its street address (see Figure 32: Lot Types).

(2)

Flag lot. A lot having shape and configuration so that it connects to street frontage by an extension and/or arm of the main portion of the lot.

(3)

Interior lot. A lot other than a corner lot with only one frontage on a street.

(4)

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

(5)

Through lot (double frontage lot). A lot which fronts upon two parallel streets, and/or which fronts upon two streets which do not intersect at the boundaries of the lot.

(6)

Lots serving condominium use types. Individual condominium uses, whether residential or non-residential, are exempted from minimum lot area requirements in this Ordinance, but shall be located on a larger site or parent tract that meets the standards for the zoning district where located.

LOT 32: LOT TYPES

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Residential density is the maximum allowable number of residential dwelling units permitted on a particular site, tract, lot, or other unit of land area, typically expressed as a maximum number of residential units per acre.

(a)

Calculation.

(1)

Maximum residential density is calculated by dividing the square footage of a lot by the number of square feet in an acre (43,560), then multiplying the maximum number dwelling units allowed in the zoning district, and rounding the product downwards to remove any fractions.

Example:

Lot size: 52,000 square feet/43,560 = 1.19 acres.

Zoning district maximum density is 1.08 units per acre: 1.19 × 1.08 = 1.28.

Maximum number of residential units = 1.0 (fractions are rounded downwards).

(2)

Riparian buffers shall be included in the calculation of the square footage of a tract or site for the purposes of determining the maximum residential density.

(3)

Land area associated with floodplains shall not be included in the calculation of the square footage of a tract or site for the purposes of determining the maximum residential density.

(4)

Land area located within a right-of-way shall not be included in the calculation of allowable density.

(b)

Density equivalence.

(1)

Accessory dwelling units associated with a single-family residential principal use shall be counted towards the maximum allowable residential density.

(2)

When calculating the density for a private dormitory associated with an educational use, two bedrooms in a private dormitory shall be equivalent to one regular dwelling unit.

(3)

Maximum density amounts do not apply to student housing or lodging on college or university campuses when the housing is owned or operated by the college or university. In these instances, residential land uses are considered as an accessory to the college or university principal use.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

A setback is the horizontal distance from a lot line or street right-of-way line to the nearest part of the applicable building, structure, sign, or activity, measured perpendicularly to the line (see Figure 33: Setbacks).

(a)

Perimeter setback. Setbacks applied to multiple building developments or multiple lot developments that apply only to the outermost buildings along the perimeter of a development. A perimeter setback does not apply along streets, where the minimum or maximum required street setback shall prevail.

(b)

Rear setback. A setback from an interior lot line lying on the opposite side of the lot from the street setback.

(c)

Side setback. Any interior property line setback other than a rear setback.

(d)

Street setback.

(1)

A street setback measured from the right-of-way edge associated with a public street or existing private street.

(2)

The street setback is a minimum setback, and nothing shall prohibit a building from being located farther from the street right-of-way, except where a maximum street setback is specifically identified by this Ordinance or a condition of approval.

(3)

In cases where the street right-of-way edge is not readily identifiable, the location of the right-of-way edge shall be determined by measuring outwards from the street centerline one-half of the total right-of-way width. The right-of-way edge location shall be certified by a professional engineer or land surveyor licensed by the State of North Carolina.

(4)

Lots shall provide a street setback from all lot lines abutting a street. The Town may require a deeper setback from lot lines abutting a street in cases when the ultimate street-right-of-way width has not yet been acquired.

FIGURE 33: SETBACKS

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Lot coverage is the percentage of a lot or development site that is covered by buildings or roof structures, excluding allowed projecting eaves and balconies.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Measurement. Building height shall be measured from the finished or established grade elevation following any land disturbing activities (see Figure 34: Height).

(b)

Maximum height. Building height is the vertical distance from a point established as the mean elevation of the finished grade along the front façade of a building to any of the following points:

(1)

The highest point of a flat roof (excluding coping or parapet walls shorter than five feet above the roof deck);

(2)

The deck line of a mansard roof;

(3)

The mid-point of the roof between the ridge and the eaves for a gable, hip, or gambrel roof; or

(4)

To the highest point of a dome, shed, or cricket-style roof.

(c)

Story. A building story is the portion of a building where all rooms share the same floor and ceiling level.

(1)

A crawlspace or basement with an average ceiling height of less than seven feet is not considered as a story.

(2)

An attic with an average ceiling height of less than six feet is not considered a story.

(d)

Exceptions. The following features are exempted from the maximum height requirements in this Ordinance:

(1)

Parapet walls of less than five feet in height above the roof deck;

(2)

Spires, steeples, minarets, belfries, cupolas, domes, and similar architectural features not intended for human habitation;

(3)

Water tanks, vent housings, elevator housings, and equipment covers associated with a building;

(4)

Chimneys, vent pipes, skylights, or mechanical equipment; and

(5)

Bulkheads or a single-story penthouse occupying 25 percent or less of the total roof area.

FIGURE 34: HEIGHT

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Slope. The degree of deviation of the ground surface from a flat, horizontal elevation, usually expressed in percent or degrees of deviation from horizontal.

(b)

Base flood elevation (BFE).

(1)

A determination of the water surface elevations of the base flood as published in the flood insurance study.

(2)

When the BFE has not been provided for land within the special flood hazard area, it may be obtained from engineering studies available from a federal, State, or other source using FEMA approved engineering methodologies. This elevation establishes the Regulatory Flood Protection Elevation.

(c)

Finished grade. The established grade following grading, excavation, or other land-disturbing activity.

(d)

Natural grade. The level of the ground elevation prior to the commencement of development or land disturbing activity.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Rounding. When computation of the number of required parking spaces results in a fraction, the fraction shall be rounded downwards to the previous whole number.

(b)

Multiple and mixed-uses. Unless otherwise approved, development containing more than one principal use shall provide off-street parking in an amount equal to the total requirements of all individual uses, unless the Town Planner determines that a lower standard would be adequate because of differences in peak operating hours.

(c)

Seat based standards. Where the minimum number of off-street parking spaces is based on the number of seats, all computations shall be based on the number of seats provided, including outdoor and waiting areas.

(d)

Employee based standards. When the minimum number of off-street parking spaces is based on the number of employees, the computations shall be based on the number of employees on the largest shift.

(e)

Floor-area based standards. Where the minimum number of off-street parking spaces is based on square feet of floor area, all computations shall be based on gross floor area. For the purposes of this section, gross floor area shall also include outdoor use area.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Sign area determination.

(1)

The surface area of a sign is computed as including the entire area within a parallelogram, triangle, circle, semi-circle, or other regular geometric figure, including all of the elements of the display, including incidental or changeable copy signage, frames, display of identification or licensing officially required by any governmental body, and structural elements (see Figure 35: Sign Measurement).

(2)

The supporting structure for a projecting sign shall not be included within the calculation of the surface area of a sign unless otherwise indicated in this Ordinance.

(3)

In the case of signs mounted back-to-back, only one side of the sign is to be included in the calculation of sign face area. Otherwise, the surface area of each sign is to be separately computed.

(4)

When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

(5)

For multi-faced signs, the sign area shall be computed by including all sign faces visible from any one point.

(6)

In the case of cylindrical signs, signs in the shape of cubes, or other signs, which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces, is included in computations of area.

(7)

Embellishments such as display portions of signs extending outside the general display area, incidental signage, changeable copy, or supplemental signage affixed to or included on a sign or sign support structure shall be computed as part of the total surface area of the sign, unless otherwise indicated in this Ordinance.

(8)

If a sign is attached to an entrance wall or fence, only that portion of that wall or fence on which the sign face or letters are placed shall be calculated in the sign area.

FIGURE 35: SIGN MEASUREMENT

(b)

Sign height determination.

(1)

Sign height shall be computed as the distance from the base of the sign at the finished grade or from the nearest adjacent street grade to which the sign is oriented and on which the lot has frontage, whichever is higher, to the top of the highest component of the sign.

(2)

Finished grade shall be the grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

FIGURE 36: SIGN HEIGHT

(c)

Wall area (for the purposes of sign area measurement). For the purposes of determining allowable sign area, a wall is the vertical exterior surface of a building, the area of which shall be determined as follows:

(1)

The area of all parallel vertical surfaces along a single building elevation regardless of offsets shall be counted as one wall.

(2)

The front of each unit of a multiple tenant commercial building shall be counted as a separate wall.

(3)

The area of an angled wall surface shall be counted as part of whichever adjoining wall surface it is most parallel with.

(4)

A 45-degree angled wall may be counted as part of the area of either adjoining wall, but not as a part of both.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Determining tree size at time of planting.

(1)

Trees under four inches in caliper. Minimum size at time of planting shall be determined by taking a measurement of the girth or circumference of the tree trunk, in inches, at a height of six inches above the bole, or the location where tree trunk meets the soil it is planted in (see Figure 37: Landscaping Calculation).

(2)

Trees over four, but less than twelve inches, in caliper. Minimum size at time of planting shall be determined by taking a measurement of the girth or circumference of the tree trunk, in inches, at a height of 12 inches above the bole, or the location where tree trunk meets the soil it is planted in.

(b)

Determining tree size of existing trees.

(1)

Existing tree size shall be determined by taking a measurement of the girth or circumference of the tree trunk, in inches, at a height of four-and-one-half feet above the bole, or the location where tree trunk meets the soil it is planted in.

(2)

In the case of a multi-stemmed tree, the cumulative DBH shall be the square root of the sum of all the individual stem diameters squared. As an alternative, the tree's basal area is the sum of the diameters of all tree stems.

(c)

Rounding. When computation of the amount of landscaping material to be provided results in a fraction, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number.

(d)

Calculation of required landscaping yard or area distances.

(1)

In cases where a driveway, sidewalk, or trail intersects a required landscaping area or yard, the width of these features shall be subtracted from the yard or area distance.

(2)

In cases where an easement that prohibits the placement of landscaping material intersects a required landscaping yard or area, the width of the easement shall not be subtracted from the required yard or area distance. Required plant material shall be located outside the easement but within the required landscaping area or yard.

FIGURE 37: LANDSCAPING CALCULATION

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Measurement location.

(1)

In cases where a fence or wall is located within a required setback or required yard, fence height shall be determined along the grade of the adjacent lot or street.

(2)

In cases where a fence or wall is located outside a required setback or yard, the height shall be determined based on the finished grade.

(3)

In cases where a fence or wall is placed on a berm, the maximum fence or wall height shall include the height of the berm, as measured from the toe of the slope.

(4)

Fence height shall be measured at the highest point above grade (not including columns or fence posts) on the portion of the fence nearest an abutting or adjacent lot or street right-of-way.

(b)

Column and post height. Columns or posts shall not exceed a height 18 inches above the built height of the fence.

(c)

Railings not included. Safety railings required by the North Carolina State Building Code shall not be included in wall height measurements.

FIGURE 38: FENCE AND WALL HEIGHT

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Measured at the lot line. Light level measurements shall be made at the lot line of the land upon which light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the land.

(b)

Measured at finished grade. Measurements shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent.

(c)

Measurement device. Measurements shall be taken with a light meter that has been calibrated within the year the measurement was taken.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The words, terms, and phrases in the Table of Defined Terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(b)

Definitions pertaining solely to the Water Supply Watershed Protection Overlay District (WSWOD) are proceeded by the clause "As used in the water supply watershed protection overlay district."

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-08-1 (UDO-TA-2-22), § 1, 8-1-2022; Ord. No. AL2022-08-2 (UDO-TA-3-22), § 1, 8-1-2022; Ord. No. AL2024-08-1, 8-5-2024)