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

Accessory use. See "building, accessory."

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

Administrator. The county planner has the primary responsibility for administering and enforcing this chapter.

Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.

Agriculture. The raising of crops and/or the keeping of both animals or fowl typically [for] profit. The term "agriculture" encompasses both the bona fide farm eligible for tax deferral as authorized in G.S. § 105-277.1 et seq. and the minimum two-acre tract, which may be designated as an "agricultural use" by the zoning administrator.

Agri-tourism. The act of visiting a working farm or any agricultural, horticultural or agri-business operation for the purpose of enjoyment, education or active involvement in the activities of the farm operation. Uses may include but are not limited to a corn maze, petting zoo related to farm animals, hay rides, and educational programs. Accessory uses to the agri-tourism enterprise may include refreshments and concessions being served, entertainment on a scale not to exceed intent of other districts, sale of farm or agricultural related products not produced on-site.

Airport hazard. Any overhead power line, not constructed, operated and maintained according to standard engineering practices in general use, which interferes with radio communication between a publicly owned airport and aircraft approaching or leaving same, or any structure or tree which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking off.

Animal unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Amateur radio tower. A structure, including cables, guy wires, or other structural supports, on which an antenna is installed for the exclusive purpose of transmitting and receiving radio signals and is operated by an amateur radio operator licensed by the Federal Communications Commission.

Appeal. A request for a review of the administrator's interpretation of any provision of this Code.

Arcade. Machine(s) or device(s) as defined in G.S. § 14-306(B)(1). Specifically does not include gambling and video gaming machines (see definition below).

Area of special flood hazard. See "Special Flood Hazard Area (SFHA)."

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

Base flood elevation (BFE). A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the freeboard, establishes the regulatory flood protection elevation.

Basement. Any area of the building having a floor sub-grade (below ground level) on all sides.

Best management practices (BMP). A structural or nonstructural 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. An off-premise sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

Board of adjustment. The Cleveland County Board of Adjustment.

Board of commissioners. The Cleveland County Board of Commissioners.

Boarding house. A residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Buffer. An area of natural or planted vegetation through which stormwater 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.

Building. A structure designed to be used as a place of occupancy, storage or shelter.

Building, accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling.

Building, principal. The primary building on a lot or a building that houses a principal use.

Building inspections. County office of building inspections.

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 and the water area of a swimming pool are considered pervious.)

Carport. A shelter for a vehicle consisting of a roof supported on posts.

Certify. Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the county, the county may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the county may accept certification by telephone from some agency when the circumstances warrant it, or the county may require that the certification be in the form of a letter or other document.

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

Child care institution. A residential child facility utilizing permanent buildings located on one (1) site for ten (10) or more foster children. Each facility must meet the following standard: There shall be a one and one-half (1.5) acre minimum lot size per residential structure associated with the child care institution.

Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.

Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.

Convenience store. A one-story retail store containing less than five thousand (5,000) square feet of gross floor area that is designed and stocked to sell fuel, food (packaged and/or prepared), beverages and other household supplies to customers who purchase a relatively few items (in contrast to a "food store"). It is designed to attract and depends upon a large volume of stop-and-go traffic.

County. The County of Cleveland.

County engineer. The person or persons to whom the primary responsibility for inspecting the construction of improvements required by this chapter, as assigned by the county manager.

Critical area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Since WS-I watersheds are essentially undeveloped, establishment of a critical area is not required. Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.

Developer. A person who is responsible for any undertaking that requires a zoning permit, special use permit, or building permit.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, paving, grading, excavation or drilling operations, or storage of equipment or materials.

Dimensional nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

Discharging landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

Disposal. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater, see also G.S. § 130A-290(a)(6).

Duplex. See: Residence, duplex.

Dwelling unit. A building, or portion thereof, providing complete and permanent living facilities for one (1) family.

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

Encroachment. The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Environmental health. County health department, division of environmental health.

Environmental management commission. The North Carolina Environmental Management Commission of the Department of Environment and Natural Resources created by G.S. § 143B-282.

Existing development. Those projects that are built or those projects that at a minimum have established a vested right under state zoning law as of the effective date of this article based on at least one (1) of the following criteria:

(1)

Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or

(2)

Having an outstanding valid building permit as authorized by G.S. § 160D-108; or

(3)

Having expended substantial resources (time, labor, money) and having an approved Site-specific or phased development plan as authorized by G.S. § 160D-108.

Existing lot (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this article, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this article.

Existing manufactured home park or manufactured home subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.

Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Family. One (1) or more persons living together as a single housekeeping unit.

Family care home. A home with support and supervisory personnel that provides room, board, personal care, and habilitation services in a family environment for not more than six (6) resident persons with disabilities.

Family development. The division of a tract or parcel of land into two or more lots containing a minimum of one (1) acre, for the purpose of conveying the resulting parcels to a relative(s) of a first degree lineage, or to the surviving spouse, as a gift or for nominal consideration, but only if no more than one (1) parcel from such tract is conveyed by the grantor to any one (1) relative or such relatives surviving spouse. The subdivision shall comply with the standards and procedures required for approval under article IV.

Farm, bona fide. Any tract of land larger than five (5) acres in horticulture production, or ten (10) acres in general agriculture production, or twenty (20) acres in forestry production and otherwise eligible for tax deferral as authorized in G.S. § 105-277 shall be considered as a bona fide farm.

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

(1)

The overflow of inland or tidal waters; and/or

(2)

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

Flood boundary and floodway map (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to, and shall be used in conjunction with the flood insurance rate map (FIRM).

Flood hazard boundary map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as zone A.

Flood insurance. The insurance coverage provided under the National Flood Insurance Program.

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

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

Floodplain. Any land area susceptible to be inundated by water from any source. This area shall comprise the floodplain overlay zoning district.

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

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

Floodplain management regulations. This Code, including zoning, subdivision, and building regulations, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Flood-prone area. See: Floodplain.

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

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

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

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

Front side yard. The area of a lot located between the front plane of a primary structure and the road right-of-way, while also being between either side plane of the primary structure and the corresponding side property line. See illustration in section 12-138.

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Gambling and video gaming machine. Machine(s) or device(s) as defined in G.S. § 14-306.1(c).

Garage. A building, with a large door opening to the outside, used for parking and/or storing vehicles.

Group home. A nonprofit residential child care facility, providing twenty-four-hour care for no more than nine (9) children, not including the operators own relatives residing in the home. Each facility must meet the following standards: new facilities must be located at least one (1) mile from any existing group home, change in license or sale of facility requires issuance of a new conditional use permit.

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

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).

Hazardous waste management facility. A facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste, as defined in G.S. § 130A-290(11).

Highest adjacent grade (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places, or determined to be eligible for such designation by the National Register Advisory Committee (NRAC); or

(2)

Listed as contributing to the historical significance of a National Register Historic District; or

(3)

Listed individually as a local historic landmark, as defined in G.S. § 160D-945; or

(4)

Listed as contributing to the historical significance of a local historic district, as defined G.S. § 160D-944.

Home occupation. A commercial activity that: (a) is conducted by a person on the same lot (in a residential district) where such person resides; and (b) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use, but that can be conducted without any significantly adverse impact on the surrounding neighborhood.

Without limiting the generality of the foregoing, a use may not be regarded as having an insignificant adverse impact on the surrounding neighborhood if: (a) goods, stock in trade, or other commodities are displayed; (b) any on-premises retail sales occur; (c) more than one (1) person not a resident on the premises is employed in connection with the purported home occupation; (d) it creates objectionable noise, fumes, odor, dust or electrical interference; or (e) more than twenty-five (25) percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than five hundred (500) square feet of gross floor area (whichever is less), is used for home occupation purposes.

Industrial development. Any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.

Kennel. A commercial operation that:

(1)

Provides food and shelter and care of animals for purposes not primarily related to medical care (veterinarian); or

(2)

Engages in the breeding of animals for sale.

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. § 130A. For the purpose of this section this term does not include composting facilities.

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

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

Lot area. The total area circumscribed by the boundaries of a lot, except that: (a) when extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and twenty (20) feet from the center of the traveled portion of the street; and (b) in a residential district, in the case of a private road the lot boundary for purposes of computing the lot area shall be the centerline of that road.

Lowest adjacent grade (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

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

Major watershed variance. A variance from the minimum statewide watershed protection rules that results in any one (1) or more of the following:

(1)

The complete waiver of a management requirement;

(2)

The relaxation, by a factor of more than ten (10) percent, of any management requirement that takes the form of a numerical standard;

(3)

The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option.

Manufactured home. A dwelling unit, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and which is built in accordance with the Federal Manufactured Home Construction and Safety Standards (HUD Code). The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park. A tract or lot under single ownership containing at least two (2) manufactured home spaces for rent whose utilities and other amenities are provided to serve the homes located therein.

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

Mean sea level. The National Geodedetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFE) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

Microbrewery. A brewery primarily engaged in the production of less than 15,000 barrels of beer per year. This establishment may also include on-site beverage and food services.

Minor watershed variance. A variance that does not qualify as a major watershed variance.

Mobile home. A dwelling unit fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to enactment of the Federal Manufactured Home Construction and Safety Standards.

Modular home. A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code (Uniform Residential Code for one- and two-family dwellings) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home shall be deemed to be a single-family dwelling as defined in this chapter.

Motel. An establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Motor vehicle. Every vehicle, which is self-propelled, and every vehicle designed to run upon the highways, or one that is pulled by a self-propelled vehicle.

Multi-family development. A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements; planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such development shall consist of two (2) or more duplex buildings or three (3) or more dwelling units sharing one (1) or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area.

New construction. Structures for which the start of construction commenced on or after the effective date of the initial floodplain management regulations, and include any subsequent improvements to such structures.

Noncommercial copy. A sign message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States.

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

Nonconforming sign. A sign that, on the effective date of this chapter or the date of any subsequent amendment thereto does not conform to one (1) or more of the regulations set forth in this chapter.

Nonconforming structure. Any structure lawfully existing on the effective date of these regulations, or any amendment to it rendering such structure nonconforming, which does not comply with all of the standards and regulations of these regulations or any amendment thereto.

Nonconforming use. A use or activity which does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments which are incorporated into this chapter at some future date.

Non-encroachment area. The channel of a river or other watercourse, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated on the FIRM.

Nonresidential development. All development other than residential development, agriculture and forestry.

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

Nursery. A commercial enterprise conducted on land where flowers, shrubs and similar horticultural products are raised and sold to general public. Nurseries may include the use of greenhouses for growing purposes.

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

Persons with disabilities. A person with a temporary or permanent physical, emotional, or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in as defined in G.S. § 122C-3(11)b.

Planning board. The Cleveland County Planning Board.

Planning department. The Cleveland County Planning Department.

Planning jurisdiction. The area within the county in which the county is authorized to plan and regulate development.

Plat. A map or plan of a parcel of land which is to be, or has been subdivided.

Post-FIRM. Construction or other development for which the start of construction occurred on or after the effective date of the initial FIRM.

Pre-FIRM. Construction or other development for which the start of construction occurred before the effective date of the initial FIRM.

Principally above ground. At least fifty-one (51) percent of the actual cash value of the structure is above ground.

Private storage buildings. A building considered as a principal use for the purpose of private non-commercial storage for personal use only. See section 12-124 for permitted zoning districts and 12-163 for development standards.

Public water supply system. Any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof.

Recreational vehicle (RV). A vehicle that is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

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

(4)

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

Recreational vehicle park. A plot of land that is established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Recreational vehicle site. A designated space for parking a recreational vehicle inside of a recreational vehicle park.

Reference level. The top of the lowest floor for structures within special flood hazard areas designated as zone A1, A30, AE, A, or A99.

Regulatory flood protection elevation. The BFE plus the freeboard. In special flood hazard areas where the BFE has been determined, this elevation shall be the BFE plus three (3) feet of freeboard. In special flood hazard areas where no BFE has been established, this elevation shall be at least three (3) feet above the highest adjacent grade.

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

Residence, multi-family. A residential use consisting of a building containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Residence, multi-family apartments. A multi-family residential use other than a multi-family conversion or multi-family townhouse.

Residence, multi-family conversion. A multi-family residence containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Residence, primary with accessory apartment. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet.

Residence, single-family detached, more than one (1) dwelling per lot. A residential use consisting of two (2) or more single-family detached dwelling units on a single lot.

Residence, single-family detached, one (1) dwelling unit per lot. A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling units.

Residence, two-family. A residential use consisting of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building.

Residence, two-family conversion. A two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed, and occupied as a single-family residence.

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

Riverine. Relating to, or formed by, or resembling a river (including tributaries), stream, brook, etc.

Road, private. All private ways used to provide motor vehicle access to: (a) two (2) or more lots; or (b) two (2) or more distinct areas or buildings in un-subdivided developments.

Rooming house. See: Boarding house.

Salvage yards, junkyards, and automobile graveyards. The use of more than six hundred (600) square feet of the area of any lot for the sale, storage, keeping, or abandonment of junk, scrap metals, or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Sign. Any outdoor notice or advertisement, pictorial or otherwise, which directs attention to a business, commodity, service, or other activity conducted, sold, or offered.

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

Sign, off-premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be an off-premises sign unless such sign is excluded from regulation under section 12-281.

Sign permit. A permit issued by the administrator that authorizes the recipient to erect, move, enlarge, or substantially alter an off-premises sign.

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

Site-specific development plan. A plan that has been submitted to the administrator by a landowner describing with reasonable certainty the type and intensity of use for specific parcel(s) of property. Such a plan is hereby defined as the information and review procedures required for the approval of a conditional use permit as contained in section 12-37.

Solar electric power generation. A facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption. Also referred to as solar farm, solar energy generation facility or solar power plant.

Solid waste disposal facility. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).

Solid waste disposal site. Any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method, as defined in G.S. § 130A-290(a)(36).

Special flood hazard area. The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year as determined in section 12-251.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or sidewalks; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of accessory buildings, such as a garage or shed not occupied as a dwelling unit or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Street, public. A street, including right-of-way, which has been offered for dedication to the public.

Structure. Anything constructed or erected or a gas, liquid, or liquefied gas storage tank that is principally above ground.

Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

Subdivision. The division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions when any one (1) or more of those divisions are created for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication or construction of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter applicable strictly to subdivisions:

(1)

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter.

(2)

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.

(3)

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

(4)

The division of a tract in single ownership, the entire area of which is no greater than two (2) acres, into not more than three (3) lots, if no street right-of-way dedication is involved and if the resultant lots equal or exceed the standards of this chapter.

(5)

The division of land by estate.

Subdivision, cluster. A subdivision technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning, watershed or subdivision standards, and the remaining land is utilized for open space or public purposes.

Subdivision, major. Any subdivision other than a minor subdivision.

Subdivision, minor. A subdivision that meets each of the following conditions:

(1)

The creation of a total of five (5) lots or less, including all of the contiguous land owned by the developer, regardless of whether they are created at one time or over an extended period of time.

(2)

No extension of a public water or sewer system.

Substantial damage. Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition, would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. See also "substantial improvement".

Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any correction of existing violations of state or local health, sanitary, or safety code specifications which have been identified by the administrator and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration is in accordance with the U.S. Secretary of the Interior standards for rehabilitation.

Temporary emergency, construction or repair residence. A residence (which may be a mobile home) that:

(1)

Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster.

(2)

Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed.

(3)

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such site.

Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.

Tract (see lot). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one (1) "tract" is subdivided into several "lots."

Use. The activity or function that actually takes place or is intended to take place on a lot.

Utility facilities. Any above ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by (the appropriate provision of state law) and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures located in a public right-of-way.

Utility facilities, community or regional. All utility facilities other than neighborhood facilities.

Utility facilities, neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Variance. A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do. Such variance while deviating from the requirements of this chapter, shall not violate the spirit of this chapter and shall involve matters of the timing of development, dimensions, or natural features of the site which create a condition unique to the property.

Violation. The failure of a building or development to be fully compliant with this Code. A structure or development in a SFHA without an elevation certificate, or other evidence of compliance is presumed to be in violation until such time as the documentation is provided.

Water-dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-dependent structures.

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

Water surface elevation (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of costal or riverine areas.

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

Zoning permit. A permit issued by the administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

(Amd. of 5-20-97; Ord. of 6-17-97; Ord. of 7-7-98; Ord. of 10-3-00; Amd. of 8-6-02; Amd. of 10-5-04; Amd. of 1-18-05; Amd. of 3-1-05; Amd. of 3-21-06; Amd. of 4-4-06; Amd. of 2-5-08; Amd. of 4-1-08, § 5; Amd of 11-16-10(2); Ord. of 4-5-16(1); Ord. of 11-5-19(1); Ord. of 2-18-20(1); Ord. of 8-4-20(1); Ord. of 10-6-20(1); Ord. of 6-1-21(1); Ord. of 6-20-2023(1); Ord. No. 23-08, 7-9-24)