This chapter shall be known as the Zoning Code of the Town. The map herein referred to, which is identified by the title "Official Zoning Map of Belhaven, North Carolina," shall be known as the "zoning map."

This chapter shall be known as the Zoning Regulations for the Town of Belhaven, North Carolina, and may be cited as the Zoning Regulations.

(Ord. of 3-13-2023(2))

The Town Board, pursuant to the authority granted by N.C. G.S. Chapter 160D and Chapter 160A, Article 8, does hereby ordain and enact into law these sections. This chapter shall invalidate and/or supersede all previous chapters pertaining to the matters herein.

(Ord. of 3-13-2023(2))

This chapter shall apply to all lands within the Town's corporate limits and that land located between those limits and the boundaries established in the municipal chapter establishing extraterritorial jurisdiction boundaries, as now or hereafter fixed as shown on the Official Zoning Map of the Town, by the Town Council. The provisions of this chapter shall in no way regulate or prohibit any bona fide farm and its related issues. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this chapter.

(Ord. of 3-13-2023(2))

This chapter is made in accordance with a Comprehensive Land Use Plan designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to promote the health, safety, morals, or general welfare of the community. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of structures and encouraging the most appropriate use of land throughout the local government's planning and development regulation jurisdiction. The regulations may not include, as a basis for denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school.

(Ord. of 3-13-2023(2))

The following rules shall apply for construing or interpreting the terms and provisions of this chapter:

In their application, the provision of this chapter shall be held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare, and shall be construed to achieve the purposes for which this chapter is adopted.

In the event of any conflict between the limitations, requirements, or standards contained in different provisions of this chapter and applying to an individual use or structure, the more restrictive provision shall apply. However, the regulations for overlay districts which are set forth in this chapter shall control in the event of any conflict between those regulations and the regulations which are set forth for the underlying zoning district, regardless of whether they are more or less strict than the regulations for the underlying district.

The words shall, must, and will are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The word may is permissive in nature. Words used in the present tense include the future tense. 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. Words used in the masculine gender include the feminine gender, and vice versa.

Any act authorized by this chapter to be carried out by a specific Official of the Town is implicitly authorized to be carried out by a designee of such Official.

Appendix A

Definitions.

Accessory building or structure. Structures that are 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. Examples of common accessory structures include, but are not limited to: garages, carports, swimming pools, and storage sheds. Pole barns and hay sheds qualify as accessory structures where associated with bonafide farms, and may or may not be located on the same parcel as the principal structure.

Accessory dwelling unit. A dwelling unit either added within an existing single family detached dwelling or in a separate accessory structure on the same lot as the principal dwelling, or within a commercial building for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation and sleeping.

Accessory use. A use which is on the same lot as, and of a nature customarily incidental and subordinate to the principal use, structure, or building on the property.

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 or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.

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

Administrator, zoning. The person, officer, or official and his/her authorized representative whom the Town has designated as its agent for the administration of these regulations. The Administrator may provide for the enforcement of this chapter by means of withholding zoning permits and occupancy permits, and by instituting injunctions, mandamus, or other appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.

Adult. Adult person who has attained the legal age of majority; or 18 years.

Agriculture, livestock. The use of land for the keeping, grazing, feeding, or breeding of livestock, including cattle, hogs, sheep, goats, horses, and poultry, and also animal specialties such as rabbits, bees, fish, and fur-bearing animals in captivity.

Agriculture, non-livestock. The use of land for the production of cash grains, field crops, vegetables, fruits, and nuts, and for horticulture and floriculture.

Alcoholic beverage sales store. The retail sales of beer, wine, and/or other alcoholic beverages for off-premise consumption as a primary use.

Alley. A right-of-way dedicated or deeded for public use having a width of no more than 20 feet, which affords a secondary means of access to abutting property and not intended for general traffic.

Animal hospital. A public or private institution, whether organized for profit or not, which is devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of animals that are admitted for overnight stay or longer in order to obtain veterinary treatment for illnesses, diseases, injuries, and deformities.

Approved. Certified as correct or otherwise meeting the requirements of this chapter by a Town Official or other authority having jurisdiction.

Area of special flood hazard. The land in the 100-year flood plain, as designated by the Federal Emergency Management Agency (FEMA), subject to a one percent or greater chance of flooding in any given year.

As-built plan. A reproducible plan showing the true and actual location and nature of buildings, structures, plant materials, underground utility lines and connections, and other features or improvements which have been installed on or off the property pursuant to a development plan approved under this chapter, to be used to determine compliance with the requirements of this chapter.

Attached dwelling. A building which contains two or more dwelling units which share one or more common walls for 50 percent or more of their length, with each dwelling unit located on a separate lot.

Automotive repair. See vehicle services.

Awnings. An architectural projection that provides weather protection, identity and/or decoration, and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid, or retractable skeleton over which an approved cover is attached.

Backyard pens/coops/beekeeping. The long-term keeping of poultry, rabbits, honey bees, and other similar small creatures in backyards as accessory uses to existing residential structures.

Bar/tavern/night club. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery and other beverage tasting facilities. Entertainment including live music, and/or dancing, comedy, etc. may also be included.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

Bed and breakfast inn. A single-family dwelling with rooms without cooking facilities that are rented, and which provides a breakfast meal but no other daily meals on the premises for guests only. The owner(s) resides on premises.

Berm. Any elongated earthen mound designed or constructed to separate, screen or buffer adjacent land uses.

Best management practices (BMP). A structural or non-structural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.

Billboard. A sign which directs attention to and is located other than the premises where a business, commodity, service, or entertainment is conducted, sold or offered.

Block. A tract of land or a lot or group of lots bounded by streets, public parks, golf courses, railroad right-of-way, water courses, lakes, un-subdivided land, or a boundary line or lines of the Town of Belhaven or its extraterritorial zoning jurisdiction or any combination of the above.

Buffer. A unit of land and any plants and structures thereon which is used to separate land uses from each other as required by this chapter. The required height and width of the buffer strip and the materials used in its construction vary according to use.

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

Building footprint. The portion of a lot's area, which is enclosed by the foundations of buildings, plus any cantilevered upper floors.

Building height. The vertical distance from the adjacent grade to the highest point of any roof or wall. All heights shall be measured from the adjacent grade (within ten feet of the building) to the highest extremity of the wall or roof.

Building inspector. An officer or other designated authority charged with the administration of the State Building Code and other duties described within this chapter.

Building permit. A permit that allows the commencement of construction of a structure or building, after being issued by the Inspections Department pursuant to this chapter and the State Building Code.

Building, principal. A building in which is conducted the principal use of the lot on which is it is located.

Building setback line(s). Lines parallel to and inside of the lot lines, at the setback distances prescribed by this chapter.

Built-upon area. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g. tennis courts), etc. (Note: wooden slatted decks, golf courses, and the water area of a swimming pool are not considered built-upon area).

Bulkhead. A vertical wall structure designed to retain shoreline material.

Bulletin board. A sign on a premises used to announce meetings or programs to be held at a church, school, auditorium, library, museum, community recreation center, or similar noncommercial place of public assembly.

Business support services. These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on-site computer rental, tax preparation, legal services and office product sales.

Canopy. An architectural projection that provides weather protection, identity, or decoration and is supported by the building to which it is attached and by at least one support at the outer end.

Carport. A permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.

Cemetery. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, columbariums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of occupancy. That document issued at the conclusion of all work done under all permits following inspection(s) by the appropriate Inspector, showing that all completed work complies with the applicable state and local laws and the terms of all permits. No new building or part thereof may be occupied, and no existing building that has been altered or moved may be occupied until the Inspections Department has issued a valid certificate of occupancy.

Child day care home. Supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling.

Church (place of worship). A building or structure in which persons regularly gather to worship for religious purposes. This definition is intended to include all religious denominations.

Clinic. Any building or portion thereof, the principal use of which is for offices of one or more licensed physicians, ophthalmologists, dentists, physical or occupational therapists, psychologists, or the like for the examination and treatment of persons on an out-patient basis only and ambulatory/outpatient care facilities.

Clubs and lodges, civic or fraternal. Private not- for-profit social or civil associations, corporations, or other entities consisting of persons who are bona fide paying members and which own, lease, or use a building, a parcel of land, or a portion thereof, the use of such premises being restricted primarily to members and their guests, including offices for local, state, regional and national officials of that organization.

College/university. Junior colleges, colleges, universities, and professional schools with physical structures (excluding online and remote programs). These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels in a campus setting.

Commercial vehicles. Vehicles for hire or used for business, or designed to transport goods or equipment, whether or not displaying advertising indicia.

Communication towers. A structure designed to support antennae used for transmitting or receiving commercial telephone communications and/or commercial telecommunications. Also included in this definition are radio, television, internet, and microwave towers. (Amateur or ham radio towers are not included in this definition). Communication towers may be considered to be an accessory use or structure when incidental to the use of the principal structure.

Comprehensive plan. The comprehensive plan, land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development that have been officially adopted by the Governing Board.

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

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such property.

Contiguous. Abutting directly on the boundary of, separated by a street other than a controlled access highway from, or separated by a railroad or public utility right-of-way.

Convenience store. A small retail store with a floor area of less than 3,000 square feet which may sell groceries, home goods, dry goods, and gasoline, and may contain an area for on-site eating (in which food preparation and service is incidental, or no more than ten percent of the gross floor area of the store), but not including an automobile service station.

Corner lot. A corner lot is either a zoning lot bound entirely by streets, or a zoning lot that adjoins the point of intersection of two or more streets and in which the interior angle formed by the extensions of the street lines in the directions they take at their intersections with lot lines other than street lines forms an angle of 135 degrees or less.

Critical root zone. A circular area surrounding a tree, of which the center is the center of the tree trunk and the radius is the distance from the outside of the trunk to any point 12 times the diameter at breast height (DBH), which points constitute the circumference of the critical root zone. The critical root zone shall extend to a depth of five feet below surface ground level.

Crop production. A property used primarily for the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants.

Cul-de-sac. A street designed to have one end permanently closed, with the closed end terminated by a vehicular turnaround.

Cultural or community facility. Facilities designed to promote cultural advancement and serve the community such as live theater, dance, or music establishments; art galleries, studios and museums; museums, exhibition, or similar facility; and libraries.

Day care center. A child care facility or child care arrangement which provides day care for more than five children, not including the operator's own school aged-children, under the age of 13 years, on a regular basis of at least once per week for more than four hours, but less than 24 hours per day regardless of the time of day and regardless of whether the same or different children attend.

Deck. An exterior floor supported on at least two opposing sides by an adjacent structure and/or posts, piers or other independent supports.

Dedicated short-term rental. A residential dwelling unit that is not owner-occupied or used as a principal residential dwelling unit to transient guests for a duration not to exceed 30 consecutive days.

Dedication. A transfer by the owner of his property to the Town. Such dedication shall be made by written instrument and is deemed complete only with acceptance by the Town Council plus the recording of each written acceptance with the Beaufort County Register of Deeds.

Demolition by neglect. Owners of historic properties and structures shall have the responsibility to preserve those properties and structures against decay, deterioration, and structural defects and to correct conditions that would compromise their long-term integrity. The failure to properly maintain any designated historic landmark or property located within a district, whether intentionally or not, such that it falls into disrepair and is no longer habitable shall constitute a demolition by neglect of such property or structure and shall be a violation of this chapter. The Town of Belhaven may take appropriate actions to prevent and/or cure a demolition by neglect violation according to the provisions outlined in this chapter.

Demolition. The razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing, or destruction of the facade or any significant exterior architectural features which are integral to the character of the resource, for whatever purpose, including new construction or reconstruction.

Designated responsible party. The local contact responsible for responding to complaints or issues stemming from the use of the dwelling unit as a short-term rental. The responsible party must be located within 25 miles of the short-term rental property and be available to respond to complaints within 60 minutes.

Development. May mean any of the following (a) construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. (b) the excavation, grading, filling, clearing, or alteration of land. (c) the subdivision of land as defined in G.S. 160D-802, (d) the initial or substantial change in the use of land or the intensity of use of land.

Development approval. An administrative or quasi-judicial approval made pursuant to this chapter 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 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 permit. A permit issued by the Inspections Department that authorizes the commencement of development provided all of the other necessary permits have been obtained.

Directional sign. Signs other than business signs which contain only the name of a parking area or similar accessory use to a business establishment to which direction is given.

Discharge point. The point at which runoff leaves a tract of land.

District. A mapped area, (otherwise known as a "zoning district"), to which a uniform set of regulations applies as established by this chapter.

Dock. A platform constructed beyond the shoreline to which boats may be secured.

Drainage way. An area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The drainage way is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

Drive-through facility. (Exists as "drive-through window".) A facility designed or intended to enable a customer, without exiting a motor vehicle parked on or moving through the premises, to transact business with a person outside the motor vehicle.

Driveway. A private roadway located on a parcel or lot used for vehicle access.

Dwelling. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

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.

Dwelling, duplex. A two-unit building located on a single lot that is divided horizontally or vertically, and each unit has a separate entrance from the outside or through a common vestibule.

Dwelling, mobile home. A movable or portable dwelling bearing the seal of the U.S. Department of Housing and Urban Development (HUD) over 32 feet in length and over eight feet wide, constructed to be towed on its own chassis, for year-round occupancy, which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more such units which are separately towable but designed to be joined into one dwelling unit, and which is constructed in accordance with the rules and regulations as set forth by the North Carolina Building Code and HUD.

Dwelling, multi-family. A dwelling or a combination of dwellings or buildings on a single lot used for the purpose of providing three or more dwelling units.

Dwelling, patio. A multiple of not more than six single-family dwellings connected on not more than two sides by common walls and an open patio area.

Dwelling, single-family. A detached building consisting of a single dwelling unit only and designed for or occupied exclusively by one family.

Dwelling, townhome. A building with two or more residential units, located side by side, with common walls between the units and where each unit has a separate entrance from the outside and occupies a separate lot. Townhomes typically have one primary yard (rear) and a small front setback to provide some landscaping.

Dwelling, two-family. A building which contains two dwelling units which share a common wall or ceiling/floor and sit on the same lot, with open yards on all sides and not being attached to any other building. Also referred to as a duplex or duplex dwelling.

Easement. A grant by a property owner to the public, a corporation, or other person or persons, of the right to use an identifiable piece of land for specified purposes, such as for utility lines, streets or greenway trails. Such grant shall be recorded with the Beaufort County Register of Deeds by an appropriate instrument.

Emergency services facilities. Any building or group of buildings housing a Police Department, Fire Department, Emergency Medical Services (EMS) or rescue squad.

Engineer. A professional engineer registered by the State of North Carolina.

Erosion. The wearing away of a surface by the action of wind, water, or any combination thereof.

Existing building. Any building or structure erected prior to the adoption of this chapter, or one for which a valid building permit has been issued.

Existing development. Includes those projects meeting at least one of the following criteria: having a current building permit used by the Town; having an approved site-specific development plan issued by the Town as authorized by the North Carolina G.S. 160-A-385.1; or, a conforming single-family lot of record, which received final plat approval before July 1, 1993.

Extraterritorial jurisdiction (ETJ). The unincorporated territory surrounding Belhaven in which the provisions of this chapter apply and described on the Town's Zoning Map.

Fabrication shops. The assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and are visually undifferentiated from an office building. This shall not include uses that require deliveries by trucks with more than two axles more frequently than once a day.

Family. Any number of persons related by blood, adoption, or marriage, or not to exceed four persons not so related, living together in a dwelling unit as a single housekeeping entity. The collective body of persons who live in one house and under one head or manager; a household, including parents, children and servants.

Family care home. See residential family care home.

Family care home (6 or fewer residents). A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons and is certified by the State of North Carolina. (NCGS 168—Article 3).

Farm. A plot of land used for the raising of crops, livestock, or other plants and animals, including orchards, vineyards and nurseries, along with any buildings and structures that are customarily and necessarily incidental to such activities.

Fence. A structure used to delineate a boundary or as a barrier or means of protection; confinement, screening or as an aesthetic component of landscaping. Open fence or wall shall be defined as one through which clear vision is possible from one side to the other on a horizontal plane occupying 75 percent or more of the side area of the wall.

Financial institution. A business whose primary purpose is to provide management or investment services such as stocks, bonds, and capital funds programs to the public.

Flood insurance rate map. An official map of a community, used by the Federal Emergency Management Agency, which delineates both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report, provided by the Federal Emergency Management Agency, which contains flood profiles as well as the flood hazard boundary map or floodway map and the water surface elevation of the base flood.

Floor. The level base of a room; the lower inside surface of a building; the horizontal structure dividing a building into stories.

Floor area. The gross total horizontal area of: all floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of principal or accessory buildings; The centerlines of a party wall separating such buildings or portions thereof; within lines drawn parallel to and two feet within the roof line of any building or portions thereof without walls. However, this definition excludes the case of nonresidential facilities, arcades, porticos, and similar areas open to the outside air which are accessible to the general public and which are not designed or used as areas for sales, display, storage, service, or production.

Floor area ratio. The numerical value obtained by dividing the gross floor area on a lot by the area or size of such lot.

Flush-mounted sign. A sign mounted flat against the surface of a building.

Freestanding sign. A sign which is supported by uprights or braces placed upon or in or supported by the ground and is not attached to a building.

Front yard. A yard across the full width of the lot, extending from the farthest projection of the structure including but not limited to steps, eaves, porches, terraces or patios (excluding, however, steps and overhangs permitted to project into the yard) to the front property and/or right-of-way line.

Frontage. All of the real property abutting a street line measured along the street line.

Funeral home. A building used in the preparation of the dead for burial or cremation. Also a facility where funeral services are held, funeral vehicles are stored, and caskets and other funeral supplies are sold.

Glare. The effect of brightness in the field of view that causes annoyance or discomfort or interference with seeing. It may be direct glare from a light source or reflected glare from a glossy surface.

Government. Any agency, office bureau or corporation licensed by any duly authorized authority of the United States, the State of North Carolina, Beaufort County, any regional government, or the Town of Belhaven.

Grade. A datum or reference level indicating the height of the ground on which something stands, specifically ground level.

Greenway or greenway park. A linear open space, either privately-owned or owned by the Town or another unit of government, which may contain a trail for walking, bicycling, horseback riding or other passive recreation, but not for use by vehicles for purposes other than maintenance of the greenway.

Gross density. The number of dwelling units or the amount of non-residential gross floor area on a particular tract or parcel of land, taking into account the entire area of that tract or parcel.

Ground cover. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.

Hazardous material. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).

Height, building. The vertical distance measured from the average grade to the highest point of a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and ridges of a gable, hip, or gambrel roof.

Historic structure. Any structure that is: (a) listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing in the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district; (c) individually listed on the North Carolina inventory of historic places; (d) individually listed on a Beaufort County, Belhaven or other local inventory of historic places in communities with historic preservation programs.

Home occupation. Any profession or occupation for gain carried on by a member of a family or an individual residing on the premises, such use being incidental and subordinate to the residential use.

Home occupation sign. A sign used to identify the name of the individual, family, organization or enterprise occupying the home and engaged in a home occupation or the profession of the occupant.

Hospital. A public or private institution, whether organized for profit or not, which is devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of humans in order to obtain medical treatment for illnesses, diseases, injuries, and deformities.

Impervious surface area. That portion of the land area that allows little or no infiltration of precipitation into the soil.

Interior lot. An interior lot is any zoning lot that is neither a corner lot nor a through lot.

Irrigation well. An excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of withdrawing groundwater to be used for irrigation only and will not be connected to a potable water supply or utilized for human consumption.

Junk. Any material or item, such as but not limited to old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or debris; junked, dismantled or wrecked motor vehicles, or parts thereof; iron, steel and other old or scrap ferrous or nonferrous material; old or salvaged building materials, appliances, dismantled or wrecked boats, machinery and machinery parts or parts thereof; and any item which is either in a wholly or partially rusted, wrecked, dismantled or inoperative condition.

Junkyard. Any lot, land or structure or part thereof used for storing, keeping, buying, processing or selling junk.

Kennel. An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals.

Landscape protection plan. A plan identifying existing landscape elements, proposed changes, and protection measures to be used to aid the survival of landscape elements.

Landscaped area. A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas can include, but are not limited to, natural areas, buffers, lawns and plantings.

Laundry. A commercial laundering or clothes cleaning establishment including dry cleaning operations and commercial laundry mats.

Lodge. A group of attached or detached buildings containing individual living or sleeping units, designed or used temporarily by transients for not more than 30 days. Cooking facilities may be included within living units. A lodge may include structures located on separate parcels so long as: (1) They are contiguous and interconnected by means of one or more viable pedestrian walkways; (2) There are common amenities; and (3) The entire campus functions as a single enterprise. On-site management is required. The term "lodge" does not include hotels and motels, bed and breakfast establishments or residential vacation rentals.

Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. The term "lot" includes the terms "plot," "parcel" and "tract."

Lot coverage. That portion of the lot area, expressed as a percentage, that is occupied and obstructed by an improvement or a structure, including but not limited to buildings, covered decks, concrete patios, gazebos, pools, concrete, asphalt, or similar paved parking areas, concrete, asphalt, or similar private sidewalks, concrete, asphalt, or similar paved driveways and roadways, and any accessory use or structure requiring location above ground. Uncovered decks and open arbors, pergolas, overhangs, and similar structures located over pervious surfaces shall be excluded from the calculation of lot coverage. Paving block, pavers and similar materials installed on a pervious base (not to include clay) shall be considered 60 percent impervious for the purposes of lot coverage calculation. Percentage is determined by dividing that area of the lot that is occupied or covered by the gross area of the lot.

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

Lot front. In the case of an interior lot, the lot line along the street right-of-way.

Lot lines. The lines bounding a lot. Where a lot of record includes a right(s)-of-way, the lot lines shall not to extend into the right(s)-of-way.

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

Lot width. The distance between side lot lines measured at the building setback line.

Major subdivision. Any subdivision other than a minor subdivision.

Manufactured home—Class A. A manufactured home constructed after July 1, 1998 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development authorized under the National Manufactured Housing Construction and Safety Standards Act of 1974 that were in effect at the time of construction, and has a HUD label attached.

Manufactured home—Class B. A double-wide manufactured home constructed to meet or exceed the construction standards promulgated by the US Department of Housing and Urban Development authorized under the National Manufactured Housing Construction and Safety Standards Act of 1974 that were in effect at the time of construction and has a HUD label attached, but does not meet the criteria of a class A manufactured home.

Manufactured home—Class C. A singlewide manufactured home constructed to meet or exceed the construction standards promulgated by the US Department of Housing and Urban Development authorized under the National Manufactured Housing Construction and Safety Standards Act of 1974 that were in effect at the time of construction and has a HUD label attached, but does not meet the criteria of a class A manufactured home.

Manufactured/mobile home. A dwelling unit that: (1) Is not constructed in accordance with the standards set forth in the state building code; and (2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis.

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. For purposes of this chapter, the term is synonymous with the National Geodetic Vertical Datum (NGVD).

Metes and bounds. A means of describing the location of land by defining boundaries in terms of directions (courses) and distances from one or more specified points of reference.

Minor subdivision. A subdivision that does not involve either of the following: creation of more than three lots from any one tract of land (as the tract existed on October 23, 1995) whether such lots are created at one time or over a period of ten years; or, dedication or improvement of any new street other than widening approved existing streets.

Mobile home. A movable or portable dwelling bearing the seal of the U.S. Department of Housing and Urban Development (HUD) over 32 feet in length and over eight feet wide, constructed to be towed on its own chassis, for year-round occupancy, which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more such units which are separately towable but designed to be joined into one dwelling unit, and which is constructed in accordance with the rules and regulations as set forth by the North Carolina Building Code and HUD.

Modular building. A building constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Modular home. A dwelling unit constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a mobile home (except that the modular home meets the state building code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Mooring buoy. A floating object anchored to the river or creek bed to which boats or floats/rafts may be secured.

Multi-family development. Two or more buildings containing multi-family dwellings located on a single property.

Multi-occupant non-residential development. A building or group of buildings under unified ownership or management that contains more than one non-residential establishment or occupant.

Natural watercourse. Any stream, river, swamp, canal, or other waterway in which sediment may be moved or carried in suspension, and which could be damaged by the accumulation of sediment.

Neighborhood center. A development containing three or more retail stores, restaurants, service establishments, and/or other similar permitted uses that are planned, organized, and managed to function as a whole. A neighborhood center has common parking, pedestrian movement, architectural elements, ingress and egress, signage, and landscaping. A neighborhood center is used or is intended to be used for the sale of goods and services to the public.

Net density. The number of dwelling units or the amount of non-residential gross floor area on a particular tract or parcel of land, not taking into account the portions of the tract or parcel on which buildings may not be erected, or development may not occur. Such areas closed to development include, but are not limited to: street rights-of-way, areas of special flood hazard, lakes or other water bodies, or wetlands falling under the regulatory jurisdiction of the U.S. Army Corps of Engineers, buffers and recreational and open spaces.

New construction. Any construction of a new structure, building or dwelling unit other than those defined in this chapter as substantial improvement or an addition, repair or renovation to an existing structure or building.

Nonconforming lot. A lot that met all legal requirements when it was platted or otherwise recorded, but which does not comply with the minimum lot area or minimum lot width requirements of this chapter, or a subsequent amendment hereto, for the zoning district in which it is located.

Nonconforming sign. Any sign that met all legal requirements when constructed but that does not comply with this chapter or a subsequent amendment hereto. An illegal sign is not a non-conforming sign.

Nonconforming structure. A building or structure that met all legal requirements when constructed but which does not comply with this chapter or a subsequent amendment hereto.

Nonconforming use. Any legally existing use that met all legal requirements when it was first established which fails to comply with the provisions of this chapter or a subsequent amendment hereto.

Nonconformity. Any building, structure, use, sign, light source or other development feature which was erected legally, but which does not comply with subsequently enacted restrictions and regulations.

Non-cutoff light. An artificial outdoor lighting fixture designed to allow light to be directly emitted in all directions.

Non-residential. Used or intended for purposes other than as a dwelling unit.

Nursery. A retail or wholesale enterprise, which grows trees, shrubs, vines and other plants for sale or distribution.

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.

Official maps or chapters. Any maps or chapters officially adopted by the Town Council as a guide to or for required standards of development.

Off-premise sign. Any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event, or location that is not located on the premises upon which the sign is located. This shall not include traffic, directional or regulatory signs, or notices erected by a federal, state, county or municipal government agency.

Off-street parking space. A space which is designed for the parking or temporary storage of one automobile, and is located outside of a dedicated street right-of-way.

On-site real estate sales office (temporary sales office). A building or structure, which is located on the site of a development or subdivision and temporarily used for the purpose of selling or leasing properties located within that development or subdivision.

Open space. Any portion of a parcel or area of land or water which is open and unobstructed by structures from the ground to the sky including areas maintained in a natural and undisturbed character. Open space may include recreational facilities such as swimming pools, golf courses, greenways and tennis courts. This term includes land under an obligation to keep such land free from development except for recreational facilities for a stated period of time. Such land may be conveyed to a homeowner's association with responsibility for maintenance, or be publicly owned.

Operator. The property owner or any person, company, or rental agency that advertises a residential dwelling unit for nightly rentals or that otherwise facilitates the use of the property as a short-term rental.

Outdoor recreation facility. A facility providing recreational activities outdoors including, but not limited to, outdoor swimming pools and tennis courts, outdoor miniature golf, driving ranges, golf courses, and outdoor batting cages, riding stables, tennis clubs, and athletic fields.

Overlay district. A district, as established in this chapter, which applies supplementary or replacement regulations to land which is classified into a general use district.

Owner. Any person, agent, firm, partnership or corporation having a legal or equitable interest in property.

Park. A public recreation area in public or private ownership that is operated for the convenience and recreation of the public and containing such facilities as the owning public or private agency or party shall see fit.

Parking area. A designated area operated as the principal use of a property either as a commercial use or an accessory use for an adjacent property.

Parking garage. Any building or facility used as an accessory to or a part of the main building(s), and providing for the parking of motor vehicles and in which no business, occupation, or service for profit is in any way conducted.

Parking space. A space of not less than 200 square feet suitable to accommodate one automobile, plus the necessary access space. It always shall be located outside the dedicated street right-of-way.

Pedestrian path. A cleared way for pedestrians or bicycles that may or may not be paved or otherwise improved.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, usually in series, and which is designed to move in the wind.

Permit. An official document or certificate issued by the Town or an Official thereof, authorizing performance of a specified activity or granting a particular right, use or duty.

Permitted use. A land use listed in this chapter as a permitted use in the zoning district in which it is located, and which is subject to the approval procedures set forth in this chapter.

Person. A firm, partnership, company, organization, trust, association or corporation, as well as an individual.

Planned unit development (PUD). An area characterized by the orderly integration of residential, commercial, office, institutional, and/or open space land uses within a walkable community setting which conforms to the design requirements herein. It permits the planning of a project over the entire development rather than on a lot-by-lot basis.

Planted buffer. A unit of land containing sufficient quality and quantity of vegetation to meet the requirements of this chapter. No development may occur within such buffer.

Plat. A map or plan of a parcel of land which is to be or has been subdivided, containing sufficient data in order that a determination may be readily made as to the location, bearing and length of every street and alley line, lot line, easement boundary line and other boundary line and meeting the required standards of this chapter.

Political sign. A sign attracting attention to political candidates or political issues.

Pond. A permanent, natural, or artificial inland body of water either controlled by natural barriers or by dams and of relatively constant surface level, in which sediment may be moved or carried in suspension and which could be damaged by the accumulation of sediment.

Porch. A projection from an outside wall of a dwelling that is covered by a roof and/or side walls (other than the sides of the building to which the porch is attached) that may be held up by posts if no side walls are present.

Portable sign. Any sign that is not permanently affixed to a building, structure, or the ground, or that is not designed to be permanently affixed to a building, structure, or the ground.

Portico. A porch or walkway, open to the outside air that is covered by a roof which is supported by columns or pillars, typically leading to the entrance of a building.

Preliminary plat. A map or plat of a parcel of land which is to be or has been subdivided, containing sufficient data in order that a determination may be readily made as to the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other boundary line, and meeting the required standards of this chapter and approved following the procedures in this chapter.

Primary level. The level of a building containing the primary living areas such as the kitchen, den and living room. This term may also include bedrooms. A basement is not considered to be a primary level.

Primary resident short-term rental. The rental of a principal residential dwelling unit by a transient guest for a duration not to exceed 30 consecutive days, for a maximum of 90 days per year. The term "principal residential dwelling unit" means a residence that is occupied by the property owner (or the tenant/lessee of the owner authorized by the owner to offer the unit for short-term rental) for a cumulative minimum of 275 days per calendar year.

Principal building. The main structure on a lot in which the principal use of that lot is conducted.

Principal use sign. A sign which directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered exclusively on the premises upon which said sign is located.

Principal use. The primary or predominant use for which a building or other structure or a tract of land may be designed, arranged, maintained or occupied.

Private garage. Any building or space used as an accessory to or a part of the main buildings permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation, or service for profit is in any way conducted.

Private recreation facilities. Indoor or outdoor uses or structures for active or passive recreation that are owned by private for-profit entities. Such uses include, gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities, parks, pools, ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, tennis courts, riding stables, golf courses and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), restrooms, and picnic shelters.

Private road or street. Any road or street which is not publicly owned and/or maintained and is used for access by the occupants of the development and their guests.

Professional office. The primary use is the conduct of a business such as accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by salesmen, sales representatives, or manufacturer's representatives; or the conduct of a business by professionals such as engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, and landscape architects. For the purpose of this chapter, an office shall not involve manufacturing, fabrication, production, processing assembling, cleaning, testing, repair or storage of materials, goods and products; or the sale and/or delivery of any materials, goods or products which are physically located on the premises. Also referred to as offices.

Projecting sign. A sign which is attached to a building by supports which extend at any angle from the building more than two feet.

Property. All real property subject to the provisions of this chapter.

Public recreation facilities. Indoor or outdoor uses or structures for active or passive recreation that are owned by public or semipublic entities including municipal governments, homeowner's associations, athletic associations and youth associations. Such uses include, gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities, parks, pools, ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, tennis courts, riding stables, golf courses and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), restrooms, and picnic shelters.

Public safety station. A Police, Fire, or Paramedic Station operated or franchised by a Government Agency. Also see emergency services facilities.

Public sewage disposal system. A waste disposal system serving two or more dwellings or business units, or any combination thereof.

Public sidewalk. An improved surface paralleling a street, road, or alley that is used as a public pedestrian walkway. This sidewalk shall not include any privately installed and maintained areas located adjacent to the public sidewalk that is used primarily to provide a pedestrian linkage between the abutting property and the public sidewalk.

Public street. A street consisting of a publicly dedicated right-of-way and a roadway maintained by the Town of Belhaven or the State of North Carolina.

Public utilities. Any Town or other public entity approved water and/or sanitary sewer system, including collection and distribution lines that are constructed to public utility standards, sizes, and specifications; conform to the requirements of this chapter; and, have been dedicated to and accepted by the public for operation and maintenance.

Public utility. Any Town or other public entity approved water and/or sanitary sewer system, including collection and distribution lines that are constructed to public utility standards, sizes, specifications, and conform to the requirements of this chapter. The Town or other public entity will be dedicated to and accepted by the public for operation and maintenance.

Public utility facilities. A building or structure, other than a transportation facility that houses or contains facilities for the operation of publicly-owned or publicly-licensed water, waste water, waste disposal, electricity or communication services. This includes, but is not limited to: water pumping stations and filtration plants, waste water and storm water treatment plants, electrical transformer stations, landfills, solid waste transfer stations, wells, well houses, and water towers. This does not include recycling and salvage operations, communication towers or public safety stations.

Public water supply. A system for the supply of potable water to two or more dwellings or business units, or any combination thereof.

Rear yard. 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. Eaves, steps, uncovered porches, terraces and patios are considered part of the main building.

Recreation area. An area of common open space developed to provide recreational facilities for the use of the residents of the community and/or the general public. Such recreational facilities may include, but are not limited to: golf courses, parks, playgrounds and athletic areas, swimming pools, tennis courts, picnic areas, riding trails, and appropriate service facilities.

Recreational center. A building, enclosed structure or facility for use by the public for recreational clubs and activities, such as country clubs, tennis courts, swimming pools, and/or gymnasiums.

Recreational vehicle park. A commercial enterprise on any site or tract of land with two or more spaces (sites) which are provided for temporary rental only, upon which recreational vehicles are provided utility hook-ups and services. Service buildings and areas necessary to provide laundry, sanitation, storage, vending machines, and other permitted services are provided by the facility operator for the use and convenience of recreational vehicles.

Recreational vehicle. A vehicle that is: built on a single chassis or capable of being placed in or on a vehicle; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or towable by a motor vehicle; designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use.

Rehabilitation facility. An indoor facility including uses such as exercise equipment, specialized rehabilitation equipment, game courts, swimming pools, locker rooms where patients and members receive physical therapy or other medical treatment.

Required setback. The minimum distance between the property line and the building required by the zoning district and measured from the property line.

Residential development. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, or cottages and their associated outbuildings such as garages, storage buildings, and gazebos.

Resource conservation facilities. Fishponds, nature preserves, botanical and zoological gardens, water reservoirs, lakes, ponds, engineered storm water control devices and dams.

Restaurant. Any establishment (including a cafeteria) whose principal business is the preparation and service of food and beverages (including those allowed under ABC Permits) as a ready-to-eat meal.

Retail sales. The principal use or purpose of which is the sale of goods, products, or materials directly to the consumer. This includes, but is not limited to: antiques, clothing stores, appliance stores, bakeries, food stores, grocers, caterers, pharmacies, book stores, furniture stores, hardware stores, pet stores, toy stores, and variety stores. It does not include restaurants, personal service establishments, convenience stores, or amusement establishments.

Right-of-way. An area owned or maintained by the Town, the State of North Carolina, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities, or railroads.

Roof assembly. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A roof assembly includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, and roof covering.

Satellite dish antenna 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 operating angle, to ground level at the bottom of the base which supports the antenna.

Satellite dish antenna setback. The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.

Satellite dish antenna. Any antenna of any size, including DSS antennae and any supporting structure, designed to receive signals from orbiting satellites or similar sources.

School. A privately owned or publicly owned elementary school, middle school, junior high school, or high school accredited by the North Carolina Department of Education that does not provide lodging for students, including any accessory athletic fields and recreational facilities.

Schools—Elementary & secondary. A public or private institution for education or learning including athletic or recreational facilities, but not including lodging. This includes any school licensed by the state and that meets the state requirements for elementary and secondary education. This may include remedial after school activities.

Schools—Vocational/technical. A public or private institution for education or learning including athletic or recreational facilities, but not including lodging. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification. (LBCS F6100 and F6140)

Screening. See buffer.

Secured. Placed in a concrete footing, holes with compacted earth or gravel, or other approved support, so as to be adequately affixed to the ground as a permanent structure.

Sediment. Solid particulate matter, both mineral and organic, that has been, or is being transported by water, air, gravity, or ice from its site of origin.

Separate use sign. Any sign, including a standard poster panel, which directs attention to a business, commodity, service, entertainment, or other activity conducted, sold or offered elsewhere than on the premises on which said sign is located.

Service court. Enclosed area attached to, or on the same lot as, a principal building which contains HVAC equipment, trash containers, service doors, docks, and other similar facilities.

Setback. See building setback.

Sexually oriented business. Any place defined as an "adult establishment" as defined by North Carolina G.S. 14-202.10 as such statute may be amended from time to time, including "adult cabarets," and except the definition of "massage business" shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business or other similar health-related business. Sexually oriented business specifically includes, however, any massage business where "massages" are rendered by any person exhibiting "specified anatomical areas" and/or where "massages" are performed on any client's "specified anatomical areas." "Specified anatomical areas" are those defined by North Carolina G.S. 14-202.10 as such statute may be amended from time to time.

Shoreline. The line made by the natural intersection of the water on the shore.

Side yard. An open space on the same lot with a building.

Sign (advertising sign and structure). Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view, or any structures designed to carry the above visual information.

Sign surface area. The size of the surface of a sign, including any border or trim and all the elements of the matter displayed, but excluding the base, apron, supports, and other supportive structural members. In the case of three-dimensional letters or painted letters directly attached to a wall surface, the surface area shall be that rectangular area encompassing the individual letters themselves, including any trim or border and excluding the background behind the letters.

Single family residential development. Any development where no building contains more than one dwelling unit; every building is on a separate lot; and where no lot contains more than one dwelling unit.

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.

Sketch plan. A component of a development application that shows in simple line drawing form the proposed layout of streets, lots, buildings, civic spaces and other features in relation to existing conditions based upon the size of the tract proposed for development.

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 equipment repair/rental. The repair and/or rental of small equipment as a primary use including televisions, computers, cleaning equipment, vacuum cleaners, and other equipment that can be transported by automobile, small truck/van.

Special event. Any activity or circumstance of a business or organization, which is not part of its daily activities. Such activities may include, but are not limited to, grand openings, closeout sales (pursuant to G.S. article 17 of chapter 66 of the general statutes), and fundraising membership drives, or temporary events conducted by civic, philanthropic, educational, or religious organizations.

Special flood hazard area. Any area designated on a flood hazard boundary map or flood insurance rate map panel designated as a zone A.

Special use. A land use listed in this chapter as a special use in the zoning district in which it is located, and which is subject to the approval procedures set forth in this chapter. A zoning permit issued for a special use under the approval of the appropriate authority is referred to as a special use permit.

Special use park. A unique park that typically exhibits a theme or is devoted to a unique narrowly focused use, such as a racetrack or amusement park.

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.

Storage—Self-service. A building containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis.

Storage—Outdoor storage yard. The storage of various materials including, but not limited to, lumber, pipe, bricks, stone, shingles, mulch, soil, sand, gravel and other nonhazardous materials outside of a structure, as a principal use. This definition is not inclusive of any scrap metal, junk vehicles or other similar salvage materials.

Storage—Warehouse, indoor storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, self-service or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight.

Storm drainage facilities. The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water through and from a given drainage area.

Storm water runoff. The direct runoff of water resulting from precipitation in any form, which cannot percolate into the surface or be accommodated satisfactorily by the existing drainage system and which therefore travels overland to the nearest channel.

Story. That portion of a building included between the upper surface of a floor and the upper surface of the next floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Stream buffer. The area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

Stream. A perennial body of water running over the earth's surface in a channel or bed and also shown by a single blue line on the most recent version of the U.S. Geological Survey 1:24,000 scale (7.5 minute) topographic maps.

Street. A right-of-way for vehicular traffic abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley.

Street line. The line between the street right-of-way and abutting property.

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

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.

Subdivision plat. See plat.

Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term does not, however, include either: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of the building foundation.

Surveyor. A person whose occupation is surveying land, and is a registered professional in the State of North Carolina as a Land Surveyor.

Swale. A gentle man-made or natural depression in grade for drainage of surface water.

Sweepstakes facilities. Any business enterprise, whether as a principal or accessory use, where persons utilize computers, gaming terminals, or other electronic machines to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are earned, redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This does not include any lottery approved by the State of North Carolina. For purposes of this definition, a game of chance is one in which the element of chance is the dominating element that determines the result of the game. See also adult arcades.

Technical review committee (TRC). A Staff Committee appointed by the Town Manager for the purpose of providing the Town Staff and Boards with technical advice on subdivision and development plan matters.

Temporary certificate of occupancy. A certificate of occupancy issued under the terms on the North Carolina Building Code and this chapter which expires under its own terms after a limited time.

Temporary portable building. A building intended for nonresidential use for a limited time period, consisting of one or more modules constructed off the ultimate site of use and transported to that site either on its own wheels or otherwise.

Temporary sign. A sign that can be used only for a designated period of time.

Temporary use. A land use on an individual parcel or site established for a limited and fixed period of time for a purpose which may not normally be permitted in a zoning district, or which does not meet all zoning requirements, but which is necessary in special situations.

Through lot. A through lot is any zoning lot, not a corner lot, which adjoins two street lines opposite to each other and parallel or within 45 degrees of being parallel to each other. Any portion of a through lot that is not or could not be bounded by two[...]

Tourist home. A building, or part thereof, occupied by the owner or operator, not a hotel or motel, in which sleeping rooms are available for hire as lodging and used by the traveling public on a short-term basis.

Tower. See communication tower.

Town Planner. The Planning Director, Zoning Administrator or his or her designee.

Townhouse development. A type of subdivision utilizing a development design technique, which enables substantial modification of lot size standards and setback regulations without increasing the allowable density for the zoning district in which the development is located. The common open space is substantially increased for the benefit of all occupants of the townhouse development.

Tract. Contiguous parcel(s) of land being disturbed or to be disturbed as a unit, regardless of ownership.

Traffic sign. A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle, and/or pedestrian movement.

Transient. A person or thing that is temporary or staying only a short time including, but not limited to, a temporary guest, boarder, boater, vendor, laborer, or the like.

Transient guest. The person who, for compensation, rents a residential dwelling unit on a nightly basis for stays not to exceeded 30 consecutive days.

Transitional shelter. An area within a principal structure such as a church that is used for temporary housing for no more than 12 consecutive months. The building or structure shall meet all requirements of the Belhaven Chapters and North Carolina Building Code.

Tree. Any upright existing plant whose trunk diameter at breast height (DBH) measures a minimum of three inches.

Variance. The permission to depart from the literal requirements of this chapter, granted by the Zoning Board of Adjustment to a property owner where the enforcement of the literal requirements of this chapter will result in undue hardship.

Vehicle rental/leasing/sales. Establishments which may have showrooms or open lots for selling, renting or leasing vehicles. May include car dealers for automobiles and light trucks, mobile homes, motorcycle, ATV, or boat and marine craft dealers.

Vehicle sales and rental. The sale or rental of automobiles, motor vehicles, boats, trailers, or farm equipment. This shall not include salvage operations or scrap operations.

Vehicle services—Major repair/body work. The repair, servicing, alteration, restoration, towing, painting or finishing of automobiles, recreational vehicles, and other personal vehicles as a primary use. This includes major repair and body work such as collision repair, painting services, tire recapping and other body work. This may be an accessory use to an establishment that provides vehicle rental/leasing/sales. "Vehicle services—Minor," as well as the sale of vehicle parts, food and convenience items may also be included as an incidental part of such uses.

Vehicle services—Minor. Facilities for the fueling, cleaning and servicing of automobiles, recreational vehicles, and other personal vehicles as a primary use. Examples include: gas stations; car washes (attended and self-service); car stereo and alarm system installers; detailing services; muffler and radiator shops; tire and battery sales and installation (not including recapping); and quick-lube services. Such uses may include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. The sale of vehicle parts, food and convenience items may be included as an incidental part of such uses.

Vested right. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan as defined in N.C.

Violation. An infringement or breach of a duty or right granted under this chapter, or a failure to comply with one or more of the provisions of this chapter.

Wall. An erection of stone, brick, wood, metal or other material intended to delineate a boundary or serve as a barrier or means of protection, confinement, and screening or as an aesthetic component of landscaping.

Wall, parapet. That portion of a building wall that extends above the level of the roofline.

Wall, party. A firewall on an interior lot line used or adapted for separation or joint service between two buildings.

Wall, retaining. A wall designed to prevent the lateral displacement or movement of soil or other material.

Waste disposal system. Any public or private sewage system or public or private septic system.

Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake.).

Wetlands. Those areas that are defined as wetlands by the United States Army Corps of Engineers. Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Woodlands. Land that is undeveloped except for roads and utilities, and contains stands of native trees.

Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees, shrubbery or driveways or as otherwise provided herein.

Yard line. A line in a lot parallel to the lot line which is at no point nearer to such lot line than the required width or depth of the applicable setback.

Yard, rear. The space extending the full width of the lot and situated between the rear line of the lot and the rear lines of the buildings, projected to the side lines of the lot.

Yard, side. The space situated between the side lines of the building and the adjacent side lines of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Youth activities. An organization where young people are recruited, offered leadership opportunities, participate in activities that improve themselves and/or the community, and are trained and mentored.

Zero lot line. Where a building and its foundation area, and/or a small yard or patio area, are conveyed, under the following conditions: minimum lot area and width are non-applicable; must have open space on all sides that are not connected to a building; and, units within a patio home, duplex or multifamily structure using the zero lot line must be separated by an applicable fire rated wall(s).

Zoning compliance permit (STR permit). The zoning permit that the property owner is required to hold before the residential dwelling may be advertised or used as a primary resident or dedicated short-term rental.

Zoning district. A district established in article IV through article XIII of this chapter.

Zoning lot. A zoning lot is either: a lot of record existing on the effective date of the zoning chapter or any applicable subsequent amendment thereto; or a tract of land, either not subdivided or consisting of two or more abutting lots of record located within a single block in single ownership.

(Ord. of 3-13-2023(2))

This chapter shall not interfere with, abrogate or annul any easements, covenants or other agreements between any parties, except where this chapter imposes a greater restriction, the provisions of this chapter shall govern. Should any provisions of this chapter conflict with the provision of any county, State or federal regulations, statute or law, the County, State or federal provision shall govern. Where the provisions of this chapter conflict with the provision of any other chapter of the Town, the Town Council shall apply and interpret the provision.

(Ord. of 3-13-2023(2))

If for any reason one or more parts of this chapter are ruled invalid by the courts, the judgment shall not affect the remaining portions of this chapter.

(Ord. of 3-13-2023(2))

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word to which no meaning can be attached; or the use of a word when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

(Ord. of 3-13-2023(2))

This chapter shall take effect and be in force from and after its passage and adoption.

(Ord. of 3-13-2023(2))

The boundaries of the established zoning districts are officially shown upon a map titled "Zoning Map, Town of Belhaven, North Carolina." The Official Zoning Map and all notations, references and amendments thereto and other information shown thereon is made a part of this chapter the same as if such information set forth on the map were fully described and set out in this chapter. The zoning map, properly attested, shall be kept on file in the office of the Town Clerk and shall be available for inspection by the public.

(Ord. of 3-13-2023(2))

For the purposes of this chapter, the Town and its extraterritorial jurisdiction are hereby divided into zones or districts as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

The Official Zoning Map shall be identified by the signature of the Mayor and attested by the Town Clerk and bearing the seal of the Town under the following words: "This is to certify that this is the Official Zoning Map referred to in Article II of the Zoning Ordinance of Belhaven, North Carolina," together with the date of adoption of the ordinance from which this chapter is derived.

The Official Zoning Map, which shall be located in the municipal building in the office of the Town Clerk, shall be the final authority as to the current zoning status of land, water areas, and buildings in the Town and its extraterritorial jurisdiction.

(Ord. of 3-13-2023(2))

The boundaries of the various zones as shown on the Zoning Map are adopted and the provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth are established and declared to be in effect upon land included within the boundaries of each and every zone shown upon the Zoning Map.

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, alleys, or railroads shall be construed to follow such center lines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following town limits shall be construed as following such town limits;

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, creeks, canals, lakes, or other bodies of water shall be construed to follow such center lines;

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by subsections (1) through (5) of this section, the Board of Adjustment shall interpret the district boundaries;

(7)

If a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that such extension shall not include any part of such lot which lies no more than 100 feet beyond the district boundary; and, further, that the remaining parcel shall not be less than the minimum required for the district in which it is located.

(Ord. of 3-13-2023(2))

Amendment of the Official Zoning Map(s) shall follow the procedures as outlined in N.C. G.S. 160D-602.

If changes are made in zoning districts, the changes shall be made on the Official Zoning Map(s) after amendment has been approved by the Town Council, together with proper documentation as the changes on the Official Zoning Map(s). No amendment shall become effective until approved by the Town Council. Any unauthorized change by any person(s) shall be considered a violation of this chapter.

If, in accordance with sections Article XXV, changes are made in the zoning district boundaries or other matter shown on the map, such changes shall be made together with an entry on the map as follows:

"On (date), by official action of the Board of Aldermen, the following changes were made in the Official Zoning Map: (brief description of change)."

The entry shall be signed by the Mayor and attested by the Town Clerk. No amendment to this chapter which involves a matter portrayed on the map shall become effective until after such change and entry has been made on said map. The Board of Aldermen shall give official notice of the zoning change to the Zoning Administrator within 24 hours after passage of said change.

(Ord. of 3-13-2023(2))

The Zoning Administrator shall be responsible for the maintenance of and revision of the Official Zoning Map. Upon notification by the Board of Aldermen that a zoning change has been made, the Zoning Administrator shall make the necessary changes on the Official Zoning Map within 24 hours following notification.

(Ord. of 3-13-2023(2))

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret, the Town Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting errors or omissions in the prior Official Zoning Map, but no corrections shall have the effect of amending the Original Official Zoning Map, or any subsequent amendment thereof. Unless the prior Official Zoning Map has been lost or destroyed, the prior map or any significant parts thereof remaining, shall be preserved and retained by the Town Clerk as public record. All previous Official Zoning Maps shall be kept on file with the official records of the Town.

(Ord. of 3-13-2023(2))

The following zoning districts include the description, various permitted and special uses, and the dimensional regulations within each district. No land, use, or building shall be used, operated, erected, altered or enlarged unless it is listed specifically among the uses on the charts found in Sections Article IV through Article XIII.

Uses not listed under any district may only be added to this chapter by amendment as defined in Article XXV.

(Ord. of 3-13-2023(2))

When designated in Article IV through Article XIII as a Permitted Use, the use is permissible in the indicated zone with a zoning permit issued by the Zoning Administrator. When designated as Special Use, approval must be obtained from the Town Board of Adjustment prior to a zoning permit being issued by the Zoning Administrator.

(Ord. of 3-13-2023(2))

(a)

District description. This district is established as a district in which the principal use of land is for small scale commercial, retail, office and service uses to serve the surrounding residential districts and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding residential districts. In promoting the general purposes of this article, the specific intent of this district is:

(l)

To prohibit heavy commercial use of the land and to prohibit any other business use which would substantially interfere with the development or continuation of the residential structures in the district;

(2)

To prohibit any use which, because of its characteristics, would interfere with the use of the land in the district as a commercial, office and/or professional center for surrounding residential districts;

(3)

To prohibit any use which will create unmanageable congestion of adjacent streets, residential and public areas and recreational facilities; and

(4)

To encourage low intensity local business development which is compatible with and supports the Comprehensive Long Range Plan of the Town and the needs of adjacent residential communities.

(b)

P—Permitted uses.

(1)

Accessory uses;

(2)

Dwellings, single-family.

(c)

S—Special uses.

(1)

Barber shops, beauty shops, nail salons and spas;

(2)

Bed and breakfasts, tourist homes or boarding houses;

(3)

Churches and related uses;

(4)

Retail safes;

(5)

Dry cleaning and laundry services;

(6)

Home occupations;

(7)

Public utility;

(8)

Residential family child care homes;

(9)

Youth activities.

(d)

Dimension regulations. The following are the dimension regulations for the COD:

(e)

Additional requirements. In this district, all provisions of this article, including permitted and special uses, apply with the following additional provisions and conditions:

(1)

Activities that are considered offensive, incompatible, or undesirable within the local residential community may be prohibited, including, but not limited to, the sale of beer, wine, and other alcohol products, drug paraphernalia, and pornographic materials.

(2)

All business operations shall be of a size appropriate for the structure in which the operations shall take place.

(Ord. of 3-13-2023(2))

The following uses are prohibited:

(1)

Street vending;

(2)

Peddling;

(3)

Nightclubs, bars.

(Ord. of 3-13-2023(2))

The purpose of this district shall be to provide for the proper grouping and development of those uses which are related to central or neighborhood business districts.

(Ord. of 3-13-2023(2))

(a)

Accessory uses;

(b)

Bank, savings and loan, financial activities;

(c)

Barber shops, beauty shops, nail salons and spas;

(d)

Bed and breakfast, tourist homes, or boarding houses;

(e)

Clinics;

(f)

Cultural or community Facility;

(g)

Dry cleaning and laundry service;

(h)

Dwelling, upper-story, above ground floor non-residential

(i)

Dwelling, multi-family residential;

(j)

Fire stations;

(k)

Food sales, retail;

(l)

Professional offices;

(m)

Public recreational facilities;

(n)

Restaurants;

(o)

Retail sales;

(p)

Youth activities.

(Ord. of 3-13-2023(2))

(a)

Churches and related uses;

(b)

Colleges, universities and related facilities;

(c)

Day care centers, kindergartens, and childcare facilities;

(d)

Dwelling, single-family;

(e)

Hospitals;

(f)

Hotels and motels;

(g)

Lodges;

(h)

Nursery (plants);

(i)

Parking lots (commercial);

(j)

Public Utilities;

(k)

School, business or commercial;

(l)

School, trade or vocational;

(m)

School, elementary or secondary and related uses;

(n)

Shopping centers;

(o)

Temporary storage unit;

(p)

Wholesale operations, not otherwise listed.

(Ord. of 3-13-2023(2))

The following are the dimensional requirements:

(1)

Minimum lot size: business lots created after the date of passage of this chapter shall be of sufficient size to provide adequate siting for structures and to provide off-street loading and maneuvering space for vehicles. Where a business lot abuts a residential district or residential use, the buffer requirements contained in section 152.120 shall apply.

(2)

Minimum front yard: ten feet, except that if a sidewalk is provided, none is required.

(3)

Minimum side yard: eight feet, except that if the commercial building is constructed with a common wall, no side yard is required.

(4)

Overall roof peak height not to exceed 45 feet and that the maximum height for emergency egress window sill shall not exceed 28 feet.

(Ord. of 3-13-2023(2))

(a)

Street vending;

(b)

Peddling;

(c)

Other non-appropriate commercial activities.

(Ord. of 3-13-2023(2))

The Single-Family Residential District (R-5) is established as a district in which the principal use of land is for single-family residence. The regulations of this district are intended to discourage any use which, because of its character, would interfere with the development of single-family residency in the district and which would be detrimental to the quiet residential nature of the areas included within this district.

(Ord. of 3-13-2023(2))

(a)

Accessory use;

(b)

Dwelling, single-family;

(c)

Accessory Dwelling Unit (ADU).

(Ord. of 3-13-2023(2))

(a)

Bed and breakfast, tourist homes, or boarding houses;

(b)

Churches and related uses;

(c)

Home occupations;

(d)

Public utility facilities;

(e)

Short-term rental;

(f)

Lodge.

(Ord. of 3-13-2023(2))

(Ord. of 3-13-2023(2))