ACCESSORY USE or ACCESSORY BUILDING (NON-RESIDENTIAL). A subordinate non-residential use or building customarily incidental to and located on the same lot with the main use or building.

ACCESSORY USE or ACCESSORY BUILDING (RESIDENTIAL). A noncommercial use or building customarily incidental and subordinate to but located on the same lot with the main residential use or building such as a private garage or carport, family garden, personal storage building, or workshop, all of which are totally for personal use.

ADULT ORIENTED BUSINESS. An adult arcade, adult bookstore, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center (including adult massage parlor and adult health club), sexually oriented device business or any combination of the foregoing or any similar business.

BED AND BREAKFAST. A dwelling in which lodging available for rent to the public, with or without meals, is provided for overnight guests for a fee.

BONA FIDE FARM. Bona Fide farm purposes include the production of and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry and all other forms of agricultural products having a domestic or foreign market.

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

BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade to the topmost section of the roof.

BUILDING, MAIN. The principal structure in which the primary use of the property is undertaken.

BUILDING SETBACK LINE. See "setback."

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

CHANGEABLE COPY. Copy that is or can be changed manually in the field or through mechanical or electronic means, such as reader boards with changeable letters.

COMMON OPEN SPACE. The open space land held in common ownership by property or unit owners in a development, normally provided for in the declaration or restrictive covenants and normally in common use.

CONGREGATE CARE FACILITY. A facility providing shelter and services for ambulatory individuals at least 55 years of age that by reason of age, functional impairment, or infirmity may require meals, housekeeping and personal care assistance. Congregate care facilities do not include nursing homes or similar institutions devoted primarily to the care of the chronically ill or the incurable.

DAY CARE CENTER. A facility providing care for six or more non-handicapped children, more than four hours per day, for payment of a fee, but without transfer or assignment of custody.

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, MULTI-FAMILY. A detached building constructed on-site in compliance with the North Carolina State Building Code and designed for three or more dwelling units.

DWELLING, SINGLE-FAMILY DETACHED. A detached building, containing one dwelling unit, constructed on-site or in industrialized modules in compliance with the North Carolina State Building Code and designed for or occupied exclusively by one family.

DWELLING, SINGLE-FAMILY ATTACHED. A single-family dwelling that except for corner units is connected.

DWELLING UNIT. A single unit providing complete independent living facilities for one family, including permanent facilities for living, sleeping, eating, cooking and sanitation.

FAMILY. Any number of persons related by blood, adoption, or marriage or no more than four persons not related by blood, adoption or marriage, living together as a single housekeeping unit sharing the same domestic facilities. It does not include congregate residential care facilities; family care and group care facilities; foster homes for children; homes for the aged and infirmed; family care homes for the aged and infirmed; day care facilities; day care centers; and family day care homes; shelter homes for children and/or families including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums; and dormitories, fraternal organizations, or other organized social or institutional residential situations.

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

FRONTAGE. The property abutting on one side of a street measured along the street right-of-way line.

GASOLINE STATION. A lot or building where gasoline, oil, grease, and automobile accessories are supplied and dispensed to the motor vehicle trade, or where battery, tire and other similar repair services are rendered.

GROSS FLOOR AREA. The total area of any buildings in the projects, including the basements, mezzanines, and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the store such as boiler rooms and maintenance shops.

GROUP CARE FACILITY. A facility licensed by the state, (by whatever name it is called, other than "family care home"), with support and supervisory personnel that provides room and board, personal care, or habilitation services in a family environment.

GROUP RESIDENTIAL DEVELOPMENT. A development where more than one principal residential building is permitted on a lot or any development where there are three or more dwelling units in a building including attached dwelling units in conformance with the provisions of SR 3.

HOME OCCUPATION, CUSTOMARY. An occupation conducted incidental to the use of property as a dwelling unit, which does not adversely impact or change the residential character of the neighborhood. The incidental use of any dwelling by the occupant(s) for the purpose of receiving or transmitting messages by mail, record or bookkeeping, filing, address listing for applicable privilege license or tax identification and other similar activities which do not involve the on-site sale, delivery, distribution, reception, storage or manufacture of goods, products, or services shall not constitute a home occupation for the purpose of regulation under this chapter.

HOTEL or MOTEL. A building which provides sleeping accommodations in six or more rooms, commonly available for pay on a daily basis to transient or permanent guests.

JUNKYARD. A lot or group of contiguous lots where more than 600 square feet of area is used for the dismantling or the storage of wrecked or used automobiles or the storage, sale, or dumping of dismantled or wrecked cars or their parts, or for storage of appliances, machinery and other salvage goods.

KENNEL. An establishment wherein any person engages in business or practice, for fee, of boarding, breeding, grooming, letting for hire, or training of more than three domesticated animals at any one time; or an establishment wherein any person engages in the business or practice, for a fee, of selling more than one litter of domesticated animals at any one or the selling of any three individual domesticated animals (not defined as litter herein) at any one time. Domesticated animals, for the purpose of this chapter, shall be defined as dogs, cats, and other generally acceptable household pets. Litter, for the purpose of this chapter, shall be defined as the progeny resulting from the breeding of two domesticated animals. The following shall not constitute the operation of a kennel as defined above and in no way shall this provision regulate the following:

(1)

The ownership of domesticated animals as household pets;

(2)

The ownership of domesticated animals for hunting or tracking purposes;

(3)

The ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trials; and

(4)

The ownership of domesticated animals for the purpose of protection or guarding of residences or commercial establishments.

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

LOT. A parcel of land, the boundaries of which are established by some legal instrument such as a deed or a recorded plat (but not tax maps) and which is recognized as a separate tract for purposes of transfer of title or lease of greater than three years.

LOT, CORNER. A lot adjacent to or abutting on two streets at their intersection.

LOT FRONT. On a corner lot, the front is the frontage with the least dimension at the street. Where the dimensions are equal the front shall be designated by the owner.

LOT, INTERIOR. Any lot other than a corner lot.

LOT LINES. The line forming the perimeter or boundary of the lot.

LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds, or a lot which is described by metes and bounds, the description of which has been so recorded, prior to the effective date of this chapter.

LOT, THROUGH. An interior lot having frontage on two streets. Also called a double frontage lot.

LOT WIDTH. The distance from side lot line to side lot line measured at the required minimum front yard setback parallel to the front property line. For lots with a radial side line(s), lot width may be measured at a front yard setback greater than the minimum required front yard setback. In such case the point where the minimum lot width is measured shall become the front yard setback for that lot.

MANUFACTURED HOME. A dwelling unit that (1) is not constructed in accordance with the standards set forth in the North Carolina State Building Code, (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, and (3) is at least 40 feet in length and eight feet in width.

MANUFACTURING. The processing of raw products and materials into items for sale.

MODULAR HOME, BUILDING. Any building or structure which was pre-manufactured, all or in part, at some point other than the building site for assembly or installation later at the building site and which complies with the North Carolina State Building Code. Further defined, such building may be assembled from pre-manufactured rooms, wall panels, frame units, or other factory manufactured parts, which may be fabricated of wood, concrete, metal, or other materials, and anchored on a permanent foundation or foundation material at the building site. This definition does not include "manufactured homes" as defined herein.

NONCONFORMING USE. Any use which legally existed on the effective date of this chapter, and which does not conform with each regulation of the zoning district in which it is located, including any "nonconforming use" legally recognized under a prior zoning code.

OPEN SPACE. Any land area not occupied by buildings, structures, storage areas, open or enclosed balconies, patios, porches or decks, excluding, however, any land encroaching or located within a right-of-way or easement. Open area in any required setback or land used for sidewalks, landscaping and grassing shall be considered open space.

ORDINANCE ADMINISTRATOR. An employee or agent of the town who is assigned primary responsibility for the administration and enforcement of the unified development ordinance.

PARKING LOT. An area or tract or partial tract of land used for the storage or parking of vehicles.

PERSON. Any natural person, firm, partnership, corporation, company, organization, association, trust, or individual or any other group or combination of individuals operating as a unit and including any trustee, receiver, assignee, or other similar representative thereof.

PREMISES. A lot or parcel of real property where a business, profession, service, commodity, product, accommodation, event, attraction, or other enterprise or activity or use exists or is conducted, manufactured, sold, offered, maintained, or takes place.

PROPERTY. All property subject to zoning regulations and restrictions and zone boundaries within the zoning jurisdiction of the town.

PROPERTY OWNER. See "landowner" or "owner."

RECREATIONAL VEHICLE. A vehicular, portable, structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified as such by the manufacturer of the unit. Includes motor home, recreational vehicle and the like.

SCREEN. A device such as a fence or planting area used to visually separate property.

SETBACK. The horizontal distance from the property line or street right-of-way line to the nearest part of the applicable building, structure, sign, or use, measured perpendicularly to the line.

SIGN. Any display of letters, words, numbers, symbols, emblems, objects, pictures, or any combination thereof made visible for the purpose of attracting attention or of making something known, whether such display be made on, attached to, or constructed as part of a building, structure, vehicle, or object.

SIGN, CHANGEABLE COPY. A sign message center or readerboard that is designed so that its informational content or copy can be changed or altered by manual, electrical, electro-mechanical, or electronic means. A "changeable copy sign" shall be counted as a sign face.

SIGN FACE. The part of a sign that is or can be used to identify, advertise or communicate information, or is used for visual representation which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, color, or internal illumination used that differentiates that sign from the building, structure, backdrop, surface, or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no identifying/advertising message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, whether structurally necessary or not.

SIGN, FREESTANDING. A sign which is permanently affixed to and supported by structures or supports such as poles, masts, or frames which are placed upon or anchored in the ground and which structures or supports are independent from any building or other structure.

SIGN, INCIDENTAL. A small sign, emblem, or decal informing the public of goods, facilities or services available on the premises, such as a credit card sign or a sign indicating hours of business.

SIGN, PROJECTING. A sign, which projects from and is supported by a building or other structure only when said projection is greater than 12 inches. The term "projecting sign" does not include the terms wall, awning, canopy or marquee sign, which are otherwise defined herein.

SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign, including any decorative cover for the "sign structure."

SIGN, TEMPORARY. Any sign, designed in structure, materials, and/or copy message, which is temporary in nature to be 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.

SIGN, WALL. A sign which is placed on and/or attached to and supported throughout its entire length by the facade or exterior side of a building (or fence) wall by means of adhesive, paint, manufacturing process, structural and/or mechanical attachment, which said sign is not more than 12 inches from the facade or exterior wall line and when its exposed face is parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Such sign may not extend above the roofline.

SIGN, WINDOW. A sign that is placed on and/or attached to the interior side of a window or door glass of a building by means of adhesive, paint and/or manufacturing process intended for viewing from the exterior of such building; or a sign within a building, placed no more than 12 inches behind the window which is visible through the window.

SITE-SPECIFIC VESTING PLAN. A plan which has been submitted to the town by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.

STACKING SPACE. A space to store an automobile off-street while waiting in line for a drive-through service such as an automatic teller service, drive through restaurant and the like.

STREET, PRIVATE. A vehicular travel way not dedicated as a public street or a dedicated but unaccepted vehicular travel way.

STREET, PUBLIC. A public right-of-way for vehicular travel which has been constructed and then dedicated to and accepted by a municipality or the North Carolina Department of Transportation for public use or which has been otherwise obtained by such agencies for such use or which is proposed to be constructed and then dedicated to and accepted by such agencies as a public right-of-way for vehicular traffic for public use.

STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having location on the ground.

STRUCTURAL ALTERATIONS. Any change, except for the repair or replacement, in the supporting members of a building such as load bearing walls, columns, beams, or girders.

SWINE FARM. A tract of land devoted to raising animals of the porcine species served by or requiring animal waste systems having a design capacity of 600,000 pounds steady live weight or greater.

TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating each such unit.

USE. The primary purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

VESTED RIGHT or ZONING VESTED RIGHT. The right to undertake and complete the development and use of the property under the terms and conditions of an approved site-specific vesting plan.

WIRELESS TELECOMMUNICATION TOWER. A tower supporting licensed or unlicensed wireless telecommunication facilities including cellular, digital cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), commercial or private paging services, or similar services marketed or provided to the general public. This definition does not include services by non-commercial entities in the amateur radio service, public safety radio service, or licenses assigned to non-profit organizations, such as the Red Cross, Civil Air Patrol, military affiliated radio service (MARS) that are licensed by the Federal Communications Commission.

YARD. An open space located on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees, shrubbery or as otherwise provided herein. A "yard" is the area created by a setback.

YARD, FRONT. A yard extending across the full width of the lot and extending from the closest front wall of the building to the property line or established edge of a right-of-way, whichever is closer.

YARD, REAR. A yard extending across the full width of the lot and extending from the closest rear wall of the main building to the rear of the property.

YARD, SIDE. A yard which extends from the closest side wall of a building to the nearest side property line or the established edge of the street right-of-way, whichever is closer, if the lot is a corner lot.

ZONING PERMIT. A permit issued by the town conferring the right to undertake and complete the development of and use of property.

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

BALANCE OF WATERSHED (BW). The area adjoining and upstream of the critical area in a WS-II and WS-III water supply watershed. The "balance of watershed" is comprised of the entire land area contributing surface drainage to the stream, river, or reservoir where a water supply intake is located.

BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

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. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.

BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious (does not allow water to infiltrate from surface to subsurface) cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)

CLUSTER DEVELOPMENT. Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments. For the purpose of this ordinance, planned unit developments and mixed-use development are considered as cluster development.

COMMON PLAN OF DEVELOPMENT. Site where multiple separate and distinct development activities may be taking place at different times or different schedules but governed by a single development plan regardless of ownership of parcels.

CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25 percent of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc.

DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one or more persons.

EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this ordinance based on at least one 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 the G.S. § 160D-102, or

(3)

Having an approved site specific or phased development plan as authorized by G.S. § 160D-102.

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 ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.

FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants employed or living on the premises may be housed on the premises without being counted as a family or families.

LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. ch. 130A, art. 9. For the purpose of this ordinance this term does not include composting facilities.

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.

MAJOR VARIANCE. A variance that is not a minor variance as defined in this ordinance .

MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to five percent of any buffer, density or built-upon area requirement under the high-density option; or that results in a relaxation, by a factor of up to ten percent, of any management requirement under the low-density option. For variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of built-upon area proposed to encroach with the vegetated setback divided by the total area of vegetated setback within the project.

NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.

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

PROTECTED AREA. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within ten miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.

QUALIFIED INDIVIDUAL. A person certified to perform stream determinations by completing and passing he Surface Water Identification Training and Certification (SWITC) course offered by the N.C. Div. of Water Resources at N.C. State University.

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.

SINGLE-FAMILY RESIDENTIAL. Any development where: 1) no building contains more that one dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than one dwelling unit.

STORMWATER CONTROL MEASURE (SCM). A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater or a combination thereof.

STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.

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

SURFACE WATERS. All waters of the state as defined in G.S. § 143-212 except underground waters.

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.) or alternatively, the geographic region within which water drains to a particular river, stream or body of water.

WATERSHED ADMINISTRATOR. The ordinance administrator.