Zoneomics Logo
search icon

Brunswick County Unincorporated
City Zoning Code

DEFINITIONS

For the purposes of these regulations, the following words and terms have the meanings specified in this part:

"A"

Abandon: To cease the regular use or maintenance of a lot, building, structure, vehicle (including a manufactured dwelling), or boat.

Abutting: Having common property boundaries or lot lines which are not separated by a street or other type of public way.

Access Point: A public or private point of ingress and/or egress.

Accessory Dwelling: Stand-alone dwelling with any or all components of a residence located on a lot with a principal dwelling.

Accessory Structure or Use: A use of structure that is customarily or typically subordinate to and serves a principal use or structure; is clearly subordinate in area, extent, or purpose to the principal use or structure served; and is located on the same lot as the principal use or structure.

Adjacent: Either abutting or being directly across a street, other public way, or body of water which does not exceed 100 feet in width.

Adjoining: Sharing a common boundary or lot line.

Adult Day Care/Health Services: Adult day care means the provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled. Adult day health services is the provision of an organized program of services during the day in a community group setting for the purpose of supporting an adult's personal independence, and promoting his social, physical, and emotional well-being.

Services include health care services as defined by the North Carolina Adult Day Care and Day Health Services Standards for Certification and a variety of program activities designed to meet the individual needs and interests of the participants, and referral to and assistance in using appropriate community resources. Also included are food and food services to provide a nutritional meal and snacks as appropriate to the program.

Adult and Sexually Oriented Businesses

Adult Arcade: An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas (as defined hereinafter).

Adult Bookstore: An establishment that has as substantial portion (over 25% of total retail space) of its stock-in-trade and offer for rent or sale, for any consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

Adult Business: An adult business shall be defined as any business activity, club or other establishment which permits its employees, members, patrons or guests on its premises to exhibit any specified anatomical areas before any other person or persons.

Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which 25% or more of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater: A theater, concert hall, auditorium or similar establishment characterized by (activities featuring) the exposure of specified anatomical area or by specified sexual activities.

Massage: Any manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device.

Massage Business: Any establishment or business wherein massage is practiced, including establishments commonly known as massage studios or massage parlors. Excluded from this definition are legitimate massage therapists, bodywork therapists, or contact manipulation therapists, working under the direct supervision of a licensed Physician, or who in the regular course of their respective businesses, have been licensed or certified by any governmental subdivision in North Carolina, or licensed or certified by a recognized association or organization on file with the North Carolina Secretary of State, the North Carolina Board of Chiropractic Examiners, North Carolina Board of Medical Examiners, N.C. Board of Occupational Therapy, NC Board of Physical Therapy Examiners, or Board of Podiatry Examiners, or have been certified or licensed by a national organization and similarly registered.

Sexually Oriented Business: A sexually oriented business shall be defined as any business activity, club or other establishment, within which the exhibition, showing, rental, or sale of materials distinguished or characterized by an emphasis on material depicting, describing, or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. Sexually oriented businesses shall include, but are not limited to: adult arcades, adult bookstores, adult motion picture theaters, adult theaters, massage businesses, as defined by this Ordinance.

Specified Anatomical Areas: Specified anatomical areas shall be defined as less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.

Specified Sexual Activities: Specified sexual activities shall be defined as:

(i)

Human genitals in a state of stimulation or arousal;

(ii)

Acts of human masturbation, sexual intercourse, sodomy; or

(iii)

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

Total Retail Space: Any space within the structure that is used for the direct sale of merchandise to the public and storage areas for those items.

Advanced Manufacturing: Advanced Manufacturing is the integration of technology based systems and processes such as computer numeric control (CNC) machinery in the production of products often utilizing advanced materials and components. Such operations are also referred to as 'high tech' companies. These uses do not involve processes that emit excessive odors, noise or other potentially objectionable characteristics typically associated with traditional manufacturing operations.

Agricultural Industry: The mechanical processing of fish, shellfish, poultry, and other natural and manmade animal, vegetable or mineral organisms including fur bearing animals, mice and rats, rabbits, winged animals, carnivorous animals, snakes; culturing, processing development and production of any bona fide farm product; packing, selling, displaying, or distributing or other activity with any non-bona fide farm commodity.

Agritourism: Any activity carried out on a farm or ranch that allows members of the public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting.

Airport: A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft are regularly stored, maintained, or repaired while not in flight with an area that the aircraft may use to take off and land.

Amendment: Any change to the text of these regulations or the official zoning maps.

Amenity Center: A place, structure or area for restricted use located within a residential or semi-residential community designed to accommodate community and/or recreational programs/activities.

Amortization: The process of providing for a timed extinction of a use which is not in compliance with this Ordinance.

Animal Hospital/Veterinary Clinic: A place or facility which provides dental, medical or surgical care for dogs, cats and other domesticated animals. Kennels are not included within this definition.

Antenna: Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas.

Antenna Array: A single or group of antennae and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna, Combined: An antenna or an array of antennas designed and utilized to provide services for more than one wireless provider for the same or similar type of services.

Antenna-Supporting Structure: A vertical projection composed of metal, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet.

Anti-Climbing Device: A piece or pieces of equipment which are either attached to antenna supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, "squirrel-cones", the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed or razor wire.

Arboretum: A place for the scientific study and public exhibition of trees, shrubs, and plants, including unique features such as butterfly rooms.

Articulation: An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; modulation of building facades, massing and detail to create variety.

Assisted Living: A facility consisting of a single building or group of buildings with one ownership and management operated by an on-site resident manager, in which the residents live in their own dwelling units (apartment, individual or shared room with private bath). The facility maintains a common dining room and typically provides personal services such as transportation, banking, and/or a barber shop/hair salon; recreational activities and amenities; concierge services and housekeeping for residents. Health maintenance services are provided on a limited basis.

Attached Wireless Communication Facility: An antenna or antenna array that is secured to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either on the roof, inside, or outside of the existing building. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.

Automotive Repair: A building designed and used for the storage, care, and repair of motor vehicles including motors of boats and planes including both minor and major mechanical overhauling, paint and body work.

"B"

Bank: See "Financial Institution".

Bar and Cocktail Lounge: Any establishment wherein alcoholic beverages are sold at retail for consumption on the premises and from where minors are excluded by law. This definition does not include premises where alcoholic beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of alcoholic beverages comprises less than 25% of gross receipts.

Bed and Breakfast House: A building designed as a residential structure containing one or more guest rooms for an overnight stay which are rented at a daily rate and where breakfast is the only meal served to guests.

Boarding House: Any form of dwelling unit where meals and rooms are offered on a permanent or long-term basis, for remuneration.

Bona Fide Farm: A property or portion of property that is actively used for agriculture as defined in G.S. § 106-581.1. Agriculture includes, but is not limited to, the production, harvesting, cultivation of crops, fruits, vegetables, ornamental/flowering plants, shrubs, and the operation, management, raising, care, and training of dairy, livestock, poultry, bees, horses, and aquaculture as well as any associated structure or building related to the agriculture operation. When performed on the bona fide farm, agriculture also includes the marketing and selling of agricultural products, agritourism, packing, treating, processing, sorting, storage and other activities performed to add value to agricultural items produced on the farm. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes (the burden of proof lies with the owner of the subject property or a designated agent):

(A)

A copy of the property tax listing showing that the property is participating in the farm present-use-value taxation program established by G.S. § 105-277.2 through 105-277.7; or

(B)

A copy of the farm owner's or operator's Schedule F from the owner's or operator's federal income tax return; or

(C)

A farm sales tax exemption certificate issued by the Department of Revenue; or

(D)

A forest management plan.

Borrow Pit: A pit created to provide earth or other excavated material that can be used as fill at another site.

Brewery: A facility for brewing of beer that produces 25,000 barrels or more US beer barrels (460,000 gallons) per year (or applicable volume per current N.C.G.S.).

Broadcast Antennae, TV/HDTV/AM/FM Broadcast Facility: Broadcast antenna-supporting structure and/or towers, including replacements, which contain antennae/towers that transmit signals for television and radio communications.

Buffer: A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.

Buildable Area: The area of a zoning lot remaining after the minimum setback requirements of this Ordinance have been satisfied.

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

Building Height: The height of a building measured from average finished grade at the front of a building or structure to the highest point of the building.

Building Site: An area of land or property where development is undertaken.

Business Park: Developments accommodating business and professional office complexes, warehouses, high tech manufacturing (also referred to as advanced manufacturing), research facilities, service operations such as building trades including warehousing, sales showrooms, etc., and light industry.

"C"

CAMA: North Carolina's Coastal Area Management Act. This act, along with the Dredge and Fill Law and the federal Coastal Zone Management Act, is managed through North Carolina Department of Environment and Natural Resources' (NCDENR's) Division of Coastal Management (DCM).

Cabin: A permanent structure constructed to the NC Building and Fire Codes for residential use with water and wastewater services. Cabins may be used for recreational purposes and shall provide a sleeping area, a bathroom, and an indoor kitchen/cooking area. Cabins maybe site built or modular in construction.

Cabinet and Woodworking Shops: Establishments engaged in manufacturing fabricated mill work, cabinets, hardwood dimension, structural wood members, containers and other wood products, but excluding the processing of raw logs from the field.

Caliper: The diameter of the main trunk or stem of plant material, measured at the specified height above the ground. If no height from the ground is specified, the diameter shall be measured at 48 inches above the ground.

Car Wash: A facility where motor vehicles are washed, cleaned, and/or waxed by hand or with manually-operated equipment or automatic machinery.

Camper: See definition for Outdoor Lodging Camping Unit.

Camper Space: A plot of land within a campground designed for the accommodation of one camper or tent.

Campground: Any lot upon which 10 or more campers or tent spaces are provided for temporary occupancy according to requirements as set forth in this Ordinance. A campground shall also be known as a recreational vehicle park, or travel trailer park.

Cemetery: A place for the burial of the dead. A cemetery can be a combination of one or more of the following, in a place used or to be used and dedicated or designated for such purposes:

(a)

A burial park, for earth interment.

(b)

A mausoleum, for burial above the ground.

(c)

A columbarium, a structure substantially above the ground, for interment of the cremated remains of a deceased person.

Cemetery, Private: As above, but where the owning entity, generally an extended family, fraternal order, or religious sect, does not sell or lease grave sites of any nature.

Clear-cut: To cut all the trees in a stand of timber.

Club or Lodge (Private Nonprofit, Civic or Fraternal): A nonprofit association of persons, who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests but excluding adult establishments.

Commercial Recreational Facilities: Establishments engaged in providing indoor/outdoor amusement or entertainment services. This definition includes all uses in the following groups:

(a)

Amusement Parks.

(b)

Outdoor Theater.

(c)

Sports Facilities.

Collocation: The practice of installing and operating multiple and various wireless carriers, service providers, and/or Radio Common Carrier licensees from the same supporting structure or attached wireless communication facility, using different and separate antennae, feed lines, and Radio Frequency generating equipment.

Common Open Space: An area of open space within a development site designed and intended for the use and enjoyment of residents of the development or for the general public.

Concealed Wireless Communications Facility: A wireless communications facility, ancillary structure, or WTF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed facility may have a secondary function, including, but not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree. A non-concealed wireless communication facility is one that is readily identifiable such as a monopole or lattice tower.

Condominium: The ownership of single units in a structure with common areas and facilities.

Condominium Unit: An enclosed space consisting of one or more rooms occupying all or part of a floor in a building of one or more floors or stories regardless of whether it is designed for residence, office, the operation of any industry or business, or any type of independent use and shall include such accessory spaces and areas as may be described in the declaration, such as garage space, storage space, balcony, terrace or patio.

Construction and Demolition Landfills: Disposal facilities which store solid waste resulting solely from construction, remodeling, repair, or demolition operations on buildings or other structures, land-clearing debris (solid waste that is generated from land clearing activities such as stumps, tree, etc.), inert debris (solid waste which consists of material that is virtually inert, such as brick, concrete, rock, clean soil, and used asphalt), untreated wood, and uncontaminated earth.

Convenience Store: A structure in which food stuffs, beverages, fuel (excludes L.P. Gas Filling Facility unless included as an accessory to the principal use), pharmaceuticals, small household supplies and small personal items are retailed. Commonly a neighborhood grocery-type of store selling personal goods and wares that typically can be hand-carried from the premises by the buyer. (Sec Section 5.3.7.L. of the UDO for L.P. Gas Filling Facilities [Accessory]).

"D"

Day Care Facility: A place other than an occupied dwelling, that provides for the care of children or adults. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. The following facilities are not considered day care facilities: public schools; non-public schools whether or not accredited by the N.C. State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods.

Day Care Home: Use of a dwelling for the purpose of providing for the care of children or adults by an adult occupant of the dwelling. For purposes of a day care home, those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Additionally, those receiving care and not dependents of the occupant, and do not reside on the site.

Dedication: The transfer without payment of ownership or other interest in real property from a private entity to a public agency.

Development: Any human caused change to improved or unimproved real estate that requires a permit or approval from any agency of Brunswick County, including but not limited to, constructing or changing buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and storage of materials.

Development Plan: A type of plan that becomes part of the zoning approval of a property that provides guidance for the preparation of site plans.

Dewatering: Withdrawal by mechanical means of subsurface water so as to cause drawdown, and to allow a dry environment below the natural water table.

Diameter at Breast Height (dbh): The diameter of a tree measured four and one-half feet above the ground.

Drawdown: Reduction in head at a point, caused by the withdrawal of water from an aquifer.

Drive-Through Facility: An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included.

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.

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

"E"

Educational Facilities: Colleges, Universities, Professional Schools and Technical Institutions, Elementary and Secondary Schools, Libraries, and Museums. Kindergartens, day cares, and pre-school are not excluded.

Electronic Gaming Operation: A business enterprise, whether principal or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic Gaming Operations do not include any lottery approved by the State of North Carolina.

Emergency Shelter: A facility providing temporary lodging and ancillary services on its premises to primarily indigent, needy, homeless or transient persons and operated by a nonprofit, charitable, or religious organization.

Energy Generating Facility: A facility that uses a variety of sources and/or products for the production of power for sale as a primary use. Types of energy facilities may include, but are not limited to, petroleum, methane, ethanol, thermal, wind, solar, hydro-electric and other energy generation facilities.

"F"

Family: Persons related by blood, marriage or adoption living together as a single housekeeping unit. For purposes of this Ordinance, a family may include up to three unrelated persons. Children residing in the home pursuant to a lawful fostering program shall not be included in the calculation.

Family Care Home: A dwelling that provides room and board for not more than six persons who because of age, illness, handicap, or specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort that is regulated by the State of North Carolina. (For purposes of Family Care Homes, a "handicapped person" as defined in G.S. 168-21(2) means 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 G.S. 122C-3(11)b.) If the home is not licensed under G.S. 131D, Article 1 or is exempt from State licensing, the home shall be considered a group home and shall be subject to all applicable requirements of this Ordinance.

Farmers Market: An outdoor facility with or without a structure principally for the sale of produce, plants, flowers, and honey. Value-added agricultural products such as honey or jam, along with hand-made craft items, may be sold, provided their sale is ancillary to the sale of produce, plants, and flowers.

Feed Lines: Cables used as the interconnecting media between a transmission/receiving base station and an antenna.

Financial Institution: A use or structure where financial, pecuniary, fiscal or monetary services are made available, including depository institutions, non-depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts, security and commodity exchanges, cash checking services, financial guaranteesmen services, and pawn brokers. The word bank is interchangeable with the term financial institution in this Ordinance.

Flea Market: A market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities, booths, or temporary structures.

Floating Structure: Any structure or vessel in fact used, designed and occupied as a permanent dwelling unit, business or source of any occupation or any private or social club, which floating structure or vessel is primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked on waters within County jurisdiction; whether such floating structure is self-propelled or not.

Future Connection: The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network.

"G"

Geographic Search Area: An area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering.

Golf Course: A tract of land designed and laid out for the game of golf having at least nine holes, each with a tee, fairway, green, and one or more hazards. A clubhouse, pool and other facilities associated with a country club built around a golf course are considered part of the golf course. This definition does not include miniature golf.

Grid-Tied Solar System: A photovoltaic solar system that is connected to an electric circuit served by an electric utility company.

Group Care Home: A dwelling operated under State regulations that provides room and board for more than six, but less than 13 individuals who as a result of age, illness, handicap or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by North Carolina Building Codes.

Guesthouse: A separate residence for guests, as a house on a private estate or a boarding house, of high standards.

Guyed: A style of antenna-supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

"H"

Handoff Candidate: A wireless facility that receives call transference from another particular wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Hazardous Materials Treatment Facility: A building, structure or use of land devoted, or intended to be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical, or biological character of any hazardous material regulated by the Federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), and the "North Carolina Solid Waste Management Act", as amended (Article 13B, G.S. 130-166.16), so as to neutralize such material or render it non-hazardous, safer for transport, amendable for recovery, amendable for storage or reduced in bulk.

Height (measurement): See Section 4.13.2, Height.

Heritage Tree: For purposes of this Ordinance, a heritage tree shall be defined as follows:

An American holly with a trunk caliper measurement of 8" or greater measured at 4.5 feet above ground;

A flowering dogwood with a trunk caliper measurement of 4" or greater measured at 4.5 feet above ground;

A redbud with a trunk caliper measurement of 4" or greater measured at 4.5 feet above ground;

A live oak with a trunk caliper measurement of 4" or greater measured at 4.5 feet above ground; and

Any tree species included in the planting table (see Section 6.1.5) with a trunk caliper measurement of 18" or greater measured at 4.5 feet above ground.

Home Occupations: A commercial activity conducted within a residential structure.

Horse Stable, Commercial: A commercial operation where horses are kept for purposes such as boarding, hire or sale that is not located on a bona fide farm.

Horse Stable, Private: A structure in which horses are kept for private use that is not located on a bona fide farm.

Hospital: An establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds and equipment and facilities to provide complete health care; may also provide emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities.

"I"

Impervious Surface: Any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to compacted earth (such as marl and coquina), gravel, concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures. Porous pavement, uncovered wooden slatted decks and the water area of a swimming pool are considered pervious.

Indoor Recreation: Public or private health or exercise clubs, tennis or other racquet courts, swimming pools, YMCA's, YWCA's or similar uses which constitute principal uses and are enclosed in buildings and are operated on a fee or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. "Indoor recreation" structures may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.

"J"

Junkyard: Any place which is maintained, used or operated for salvaging, storing, keeping, buying, or selling of wrecked, scrapped, ruined or dismantled motor vehicles, motor vehicle parts, boats, boat motors, trailers, lawn movers, tractors, tires, household appliances, construction debris, paper, metals, rubber, rags, and glass. The presence on any lot or parcel of land of two or more junked motor vehicles or junked boats as the term is defined herein for a period exceeding 30 days shall constitute prima-facie evidence of a junkyard.

Junked Motor Vehicles, Boats and Trailers: Motor vehicles, boats and trailers which are:

(a)

Wrecked and/or dismantled, or

(b)

Which do not display as required a: current registration sticker, current license plate, current inspection sticker issued by or in the same state as the vehicle registration and/or license plate, and at least one of the following:

(i)

Cannot be self-propelled or moved in the manner in which originally intended; or

(ii)

Are more than five years old and appear to be worth less than $100.00.

"K"

Kennel: A commercial non-incidental or non-profit establishment used as housing, leasing, sealing, training, rehabilitating, breeding, grooming, or fostering of any species, excluding domesticated livestock.

"L"

Laboratory: A facility for performing bacteriological, chemical, or other analyses.

Lattice: A tapered style of antenna-supporting structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

Least Visually Obtrusive: A Wireless Communication Facility (WTF) that is designed to present a visual profile that is the minimum profile necessary for the facility to properly function.

Light Manufacturing: The assembly, fabrication, 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 or lot where such assembly, fabrication, or processing takes place or where the area occupied by outdoor storage of goods and materials used in such processes does not exceed 25% of the floor area of all buildings on the property.

Loading Area: A space used to transfer goods and material between vehicles and a building or lot.

Lot: A parcel of land or a combination of several parcels of land occupied or intended to be occupied by a principal use or structure, with the accessory buildings and uses customarily incidental to it, including such open spaces as are required to make such lot usable under the terms of this Ordinance.

(a)

For the purposes of this Ordinance, a parcel of land shall be considered a lot if the parcel:

(i)

Has frontage on a public street, or

(ii)

Has frontage on an officially approved private street through the Subdivision Ordinance, and

(iii)

Has been approved as a subdivision or an exemption to the Subdivision Ordinance, or

(iv)

Has been created through an heir division under the jurisdiction of the Clerk of Superior Court.

(b)

All other land divisions not meeting this requirement which existed prior to the effective date of passage of this Ordinance shall be deemed a lot for purposes of this Ordinance. In consideration of this Ordinance, a lot may consist of:

(i)

A combination of complete lots of record;

(ii)

A combination of complete lots of record and portions of lots of record;

(iii)

Portions of lots of records, provided that such lots or combinations of lots are sufficient size to meet the requirements of this Ordinance for the subject district and no portion of the lot falls below the average size of the lots of record in the block in question;

(iv)

Single lots of record;

(v)

Parcels of land defined by metes and bounds description where such parcels are in conformity with this Ordinance and other laws of Brunswick County.

Lot of Record: A lot that is shown on a subdivision recorded in the office of Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds prior to the adoption of this Ordinance.

"M"

Major Disaster: Any natural catastrophe in any part of Brunswick County, which causes damage of sufficient severity and magnitude to warrant the declaration of major disaster by the President of the United States (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire, flood, or explosion). An event of this nature typically causes the displacement of residents and warrants the issuance of a temporary use permits for temporary housing.

Malting house. A facility in which grain is converted into malt for the purpose of making alcoholic beverages.

Marinas: Any publicly or privately owned dock, basin, or wet boat storage facility constructed to accommodate more than two boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haul-out facilities, and repair services.

Micro-brewery: A small facility for brewing of beer that produces less than 25,000 barrels per year (or applicable volume per current N.C.G.S.). It may often include a tasting room and retail space to sell the beer to patrons on the site.

Mining Operations, Class I: A place where soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) is removed to be used off-site, without further on-site processing (i.e. use of conveyor systems; screening machines; crushing; or other mechanical equipment). It does not involve the use of explosives and has an affected land area of no greater than 20 acres.

Mining Operations, Class II: A place where soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) is removed to be used off-site with or without further on-site processing (i.e. use of conveyor systems; screening machines; crushing; or other mechanical equipment). It does not involve the use of explosives and has an affected land area greater than one acre.

Minor Disaster: Any natural catastrophe or, regardless or cause, any fire, flood, or explosion, in any part of Brunswick County, which causes damage affecting one or more residence and does not receive the declaration of a natural disaster. An event of this nature typically causes the displacement of residents and may warrant the issue of a temporary use permit for temporary housing while the displaced work towards the construction, repair, or restoration.

Mitigation (for wireless communications facilities): A modification to increase the height of an existing antenna support structure, or to improve the structural integrity of an existing support structure, or to replace or remove one or more antenna support structure(s) located in close proximity to a proposed new antenna support structure in order to encourage compliance with the Ordinance or improve aesthetics or functionality of the overall wireless network.

Mobile Home: See Section 5.3.3.C, Mobile Homes, Class A, B, and C.

Mobile Home, Abandoned: A mobile home that is both:

(a)

Vacant or in need of extensive repair; and

(b)

A nuisance, as defined in this Ordinance.

Mobile Home Park: Premises where mobile homes are parked for living and sleeping purposes, or any premises used for or set apart for the purpose of supplying parking space for mobile homes for living and sleeping purposes. Often known as Mobile Home Parks or House Trailer Parks, or Courts. A mobile home park is not a mobile home subdivision.

Mobile Home Salvage and Storage Yard: A place where junked, dilapidated and abandoned mobile homes, as herein defined, or used mobile home parts are stored, kept, parked, dismantled, demolished, salvaged, recycled, or scrapped.

Model Home: A newly constructed residential home or unit that is completed, furnished, landscaped or decorated for the purpose of marketing to prospective buyers. Prospective buyers can often attend a showing, a viewing, a tour, or an open house. The model home may display information, options, or showcase features about the home, subdivision or development inside the home. A model home may be commonly referred as an idea home, residential show home, inventory home, or display home.

Modular Unit or Modular Home: A factory-fabricated, transportable building or dwelling in compliance with North Carolina Building Codes, that is designed to be used by itself or to be incorporated with other units into a structure that will be a finished building on a permanent location on a permanent foundation. A modular unit shall not be considered a mobile home for the purpose of this Ordinance.

Monopole: A style of free-standing antenna-supporting facility that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna-supporting facility is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

Motor Vehicle Dismantling and Wrecking Yard: Any open area of more than 200 square feet used for storing or dismantling inoperative or junked or wrecked motor vehicles.

"N"

Neighborhood Sales Home: A newly constructed home or unit that is completed, furnished, landscaped or decorated within a development or subdivision with the purpose of displaying living spaces and providing limited commercial office space for real estate sales and transactions that include: office spaces, conference rooms, workstations, design centers, and related storage. Typically, neighborhood sales homes are located within new sections or phases of a subdivision or development. A neighborhood sales home may be commonly referred as a sales model.

Nightclub: A commercial establishment dispensing alcoholic beverages for consumption on premises where a dance floor or entertainment is provided.

Nude: A situation involving a condition of individuals being unclothed or devoid of clothing.

Nuisance: An unreasonable danger to public health, safety, or welfare or to the environment or natural resources.

Nursery: A place where plants are grown commercially, either for sale directly to the public, other retailers, or to wholesalers.

Nursing Home: A licensed facility providing care (i.e., Managed care and Convalescent homes) for three or more sick, aged or disabled persons not related by blood or marriage to the operator. Nursing homes are classified as "dependent" and/or "independent" living facilities depending upon the degree of support services on site.

"O"

Off-Grid Solar System: A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Office: A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.

Open Space: An area of land or water which is open and unobstructed including areas maintained in a natural or undisturbed character or areas improved for active or passive recreation. "Open space" shall not include lands below mean sea level except required impoundments or retention ponds, Carolina bays, and pocosins, and areas covered with buildings, structures, streets or off-street parking areas, including landscaping associated with such parking areas.

Outdoor Lodging Camping Unit: A structure manufactured of metal, wood, canvas, plastic, or other materials, or any combination thereof, designed or meant for temporary residential shelter for travel, camping, recreation, seasonal, and/or vacation use. Outdoor lodging camping units are not designed or intended to be used as a permanent dwelling as they are not constructed to NC Building and Fire Codes and include the following types:

(a)

Travel trailer: A vehicular, portable structure built on chassis, designed to be towed by a self-propelled vehicle. Also known as campers, tiny houses/homes on wheels, popup campers, and fifth-wheels under this Ordinance.

(b)

Recreational Vehicle: A self-propelled vehicle or portable structure mounted on a vehicle. Also known as campers and motor home under this Ordinance.

(c)

Tent: A portable shelter of canvas, plastic, or skins stretched over a supporting framework of poles with skins stretched over a supporting framework of poles with ropes and pegs.

(d)

Yurt: A recreational structure consisting of a round domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance.

(e)

Park Model: A towable RV designed to provide temporary living quarters. Park Models are built according to the American National Standards Institute (ANSI) Park Model Recreational Vehicle Standards and built on a single chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set-up mode. Also known as Park Model Recreational Vehicle (PMRV), park homes, and recreational park trailers under this Ordinance.

(f)

Camping Cabin: A permanent structure used on a temporary basis for recreational purposes and not for permanent residency that typically has a sleeping area and limited facilities. Outdoor meal preparation area and access to a common bathhouse is common. A camping cabin may have facilities such as electrical services, bathrooms, heating and air conditioning units, and/or an indoor kitchen.

Outdoor Recreation: Public or private golf courses, driving ranges, swimming pools, tennis courts, ball fields, and ball courts which are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. "Outdoor recreation" shall include any accessory uses, such as snack bars, pro shops, club houses, country clubs or similar uses which are designed and intended primarily for the use of patrons of the principal recreational use.

Outparcel: Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the primary retail center.

Outpatient Facility: A medical facility providing treatment to a patient who is able to return home after care without an overnight stay (i.e., Surgical care, Urgent care or any other outpatient facility).

"P"

Park: Land consisting of open space, in grasses, trees, and possibly with shrubbery, sometimes providing paths for walking and bicycling, maintained as a public or semi-public use. Parks are usually either a formal landscape, or maintained in basically a natural state.

Park model: See definition for Outdoor Lodging Camping Unit.

Personal Service Establishments: An establishment primarily engaged in providing services to individuals and/or staff support services to businesses. Personal Services include the following list of uses:

(a)

Business Services

(b)

Beauty Shops

(c)

Barber Shops

(d)

Miscellaneous repair shops not including vehicle repair

Personal Wireless Service: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Pervious Paving: Surface improvements such as grass, interlocking concrete paving blocks, brick pavers, grid pavers, or other similar improvements which permit the infiltration of water through the improved surface. Gravel shall not be considered a pervious paving surface.

Photovoltaic System: An active solar energy system that converts solar energy directly into electricity.

Place of Worship: Churches, synagogues, temples, mosques and other places of worship, including parish houses and Sunday school buildings.

Planned Development (PD): An area of land under unified ownership and control to be developed and improved as a single entity under a Unified Development Plan.

Planned Group of Structures: More than one primary structure on a single tract of land, under individual, corporate, firm, partnership, or association ownership, planned and developed as a group, in a single development operation or a definitely programmed series of development operations, and according to an approved preliminary site plan.

Plant Unit: The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings.

Private Clubs: See "Club or Lodge".

Professional Offices: An establishment primarily engaged in providing: engineering, architectural, and surveying services; accounting, auditing, and bookkeeping services; public relations services; legal services; real estate services; the services of insurance agents, brokers and carriers; the services of security and commodity brokers; and the services of bank holding companies.

Public Antenna-Supporting Structure: An antenna-supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government.

Public Road: Any road or highway which is now or hereafter designated and maintained by the N.C. Department of Transportation as a part of the State Highway System, whether primary or secondary, hard-surfaced or other dependable highways, and any road which is a neighborhood public road as defined by G.S. 136-67, which definition is incorporated into this section by reference.

Public/Semi-Public Facilities: An electricity or gas substation, water or wastewater pumping station, telephone repeater station, water storage tank, reservoir, or similar structures used as an intermediary switching, boosting, distribution, or transfer station for electricity, water, wastewater, cable television, or telephone services between the point of generation and the end user, or a wastewater treatment plant, but not including satellite dish antennas, facilities for the handling of solid waste, or radio, television, or microwave transmission or relay towers.

Public Sewage Disposal System: A wastewater treatment system serving a minimum of 15 dwelling units and approved by the appropriate agent of the state of North Carolina. This definition is not to be inferred as limited to publicly owned or operated systems, as such systems may be owned and operated by either public or private enterprise.

Public Water Supply: Any water supply furnishing potable water to 15 connections, or combination of 25 residences or businesses so approved and designated by the appropriate agent of the state of North Carolina. This definition is not to be inferred as limited to publicly owned or operated systems; as such systems may be owned and operated by either public or private enterprise.

"Q"

Quarries: A place where minerals as defined in the N.C. General Statutes in Article 7 Ordinance 74 are excavated for building or other purposes. Quarries are characterized by any of the following: 1) industrial or dimension stone is excavated; 2) dewatering; 3) the use of explosives; 4) the excavated material is processed prior to sale or delivery off site; 5) stone faces are left in reclamation; and 6). re-injection wells may be used.

"R"

Real Estate Sales Center: Commercial office space used for real estate sales or leasing transactions for the management of homes, land, or buildings. Typically includes a combination of office spaces, conference rooms, workstations, design centers, and storage. A real estate sales center may be commonly referred as a real estate sales office, sales center, or professional office.

Required infrastructure: Water, sewer, stormwater, roadway or other improvements shown on the approved site plan or plat.

Residential/Personal/Non-Commercial Storage Structure: Stand-alone structure constructed for the sole personal/non-commercial use of the property owner on which the structure is located. The structure may be used for the storage of personal items only and may not be used as a dwelling.

Restaurant: A public or private enterprise designed in whole or in part to accommodate and cater to the consumption of food and/or drink, as regulated by the ABC law, either for on site or off site consumption, and can be conducted within enclosed space or as open air activity.

Retail Sales, Less Than or Equal to 10,000 Square Feet: Retail establishments with a gross floor area (including storage) of less than or equal to 10,000 square feet providing general merchandise to the public including motor fuels.

Retail Sales, More Than 10,000 Square Feet: Retail establishments with a gross floor area (including storage) of more than 10,000 square feet providing general merchandise to the public including motor fuels.

Retreat Center: A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not-for-profit organization.

"S"

Satellite Dish Antenna(s) (Satellite Earth Stations): A single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.

Screening: A fence, wall, hedge, landscaping, earth berm, buffer area or any combination of these provided to create a visual and/or physical separation between certain land uses. Screening may be located on the property line or elsewhere on the site.

Self-Storage Facility: Small cubicles linked together in a single building or row of buildings for the purpose of renting storage space, usually on a temporary basis. This definition shall include mini-warehouse facilities, RV/camper and boat storage.

Semi-Trailer: Any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing vehicle.

Septage: A waste that is a fluid mixture of partially treated sewage solids, liquids and sludge of human or domestic waste origin, pumped from septic tanks, residential grease traps, or privies. Septage is considered waste that has not been treated by a process to significantly reduce pathogens.

Setback: The minimum distance between a property line and a building or structure.

Shadow Flicker: The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.

Shell Building: Building exterior and basic structural elements (including HVAC system if needed for climate control); and, shall NOT include interior walls (other than load bearing), wiring (other than required for HVAC system or by Fire Marshal), or plumbing (other than sleeve stub outs and fire protection).

Site Built Home: A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Codes for Single Family Dwellings and composed of components substantially assembled on site on a permanent foundation. A site built home is deemed to be a single-family dwelling as defined in this Ordinance.

Site-Specific Vesting Plan: A plan which has been submitted to the County by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not be limited to, any of the following plans or approvals:

(a)

A planned unit development plan,

(b)

A subdivision plat,

(c)

Minor and major site plans,

(d)

A special use permit,

(e)

A conditional zoning and an associated site plan,

(f)

Or any other land-use approval designation as may be utilized by the County.

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.

Sludge: Any solid, semi-solid, or liquid waste generated from a residential, commercial, municipal, or industrial wastewater treatment plant or water supply treatment plant not considered to be hazardous by EPA or the NC Department of Human Resources, Solid and Hazardous Waste Branch. Sludge shall be considered that waste which has been treated by a process to significantly reduce pathogens.

Solar Collector (Accessory): Any solar device that absorbs and accumulates solar radiation for use as a source of energy. The device may be roof-mounted or ground-mounted as an accessory use.

Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. Solar Energy Systems may include, but not be limited to, solar farms and any of several devices that absorb and collect solar radiation for use as a source of energy as an accessory use.

Solar Farm: An area of land designated use for the sole purpose of deploying photovoltaic power and generating electric energy.

Solid Waste: Any garbage, refuse, septage, sludge or any other waste material which is not considered hazardous by the US Environmental Protection Agency (EPA) or the North Carolina State Department of Human Resources, Solid and Hazardous Waste Branch.

Sound: The sensation perceived by the sense of hearing, i.e., mechanical radiant energy that is transmitted by longitudinal pressure waves in air, or other material medium, and is the objective cause of the sensation of hearing.

Stealth Wireless Transmission Facility (Stealth WTF): a WTF that is screened, disguised, concealed or otherwise camouflaged as a natural structure, structure or part of a structure such that the WTF is indistinguishable from other natural structures, structures or the structure that it is attached to or within.

Storage, Outdoor: The storage of goods, bulk materials or discarded items in the open or under a structure containing a roof but no walls.

Stormwater Removal: Evacuation of surface water accumulation that does not lower the natural water table.

Structure: Anything, excluding paving, constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, screened enclosure, fences, advertising signs, billboards, poster panels, swimming pools, mobile houses, modular houses, and underground shelters.

Structural Alterations: Any change in the supporting members of a structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Substantial Completion: Water and sewer mains installed to the property certified by NCDENR and service lines to the building site, pump station 50% complete (if required): stormwater collection and storage facilities 50% complete; base material installed and graded on roadway, parking and driveway areas

Support Equipment (WTF): Any and all devices utilized to attach or hold antennas, feed lines, or any related equipment to a WTF.

"T"

Tavern: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises.

Temporary Housing: Any camper, trailer, motor home, mobile home, FEMA emergency housing, or other structure used for human shelter and designed to be transportable and not intended as a permanent dwelling.

Temporary Mining: Sand and soil excavation and movement activities associated with land development that are not required for the construction of internal roadways or structures during the construction of a major subdivision (see Section 5.5.4, Temporary Mining and Borrow Pit).

Terminal, Freight: Any facility for handling freight with or without storage and maintenance facilities. This definition includes trucking and courier services (except air), and trucking terminal facilities.

Thoroughfare Roads: Includes both Major Thoroughfares, which provide for the expeditious movement of large volumes of traffic within and through Brunswick County and Minor Thoroughfares which perform the function of collection traffic from local access streets and carry it to the major thoroughfare system. For the purpose of this Ordinance, the following Brunswick County roads are considered thoroughfare roads:

All roads with US designation All roads with NC designation
Blackwell Road SE Chappell Loop Road SE
Danford Road SE Hickman Road NW
Lanvale Road NE Mt. Misery Road NE
Mt. Pisgah Road SW Old Georgetown Road SW
Ploof Road SE Sabbath Home Road SW
Stone Chimney Road SW Sunset Harbor Road SE
Thomasboro Road SW Village Point Road SW

 

Tiny House/Home on a Foundation: See definition for Site Built Home.

Tiny House/Home on Wheels: See definition for Outdoor Lodging Campong Unit.

Transmission Tower: Structures whose principal function is to support communication antenna(s).

Truck Terminal: A facility where cargo is stored and where trucks load and unload cargo on a regular basis.

"U"

None.

"V"

Vehicle Service and/or Repair: Buildings and premises for major repairs on automobiles, trucks, boats, and other equipment including large engines, body work, painting, and reconstruction.

Vested Right: See "Zoning Vested Right".

Veterinary Establishment: A place specializing in the care, diagnosis and treatment of animals in need of medical or surgical attention. A veterinary establishment may have as an integral part of it, pens, stalls or cages for quarantine or observation, designed or arranged to minimize noise impacts.

Video Gaming Machine: As defined in Section 14-306.1 (c) of the North Carolina General Statutes.

"W"

Warehouse: The indoor storage of goods, materials, or merchandise for shipment to or processing on other property.

Wastewater Treatment Facility: A wastewater treatment facility operated by a licensed utility and or unit of government in compliance with all applicable State and County regulations which meets either of the following criteria:

(a)

Provides subsurface wastewater disposal for any number of uses or dwelling units; or

(b)

Provides above-ground wastewater disposal for more than one use or more than four dwelling units.

Wholesale Establishment: A building, property, or activity the principal use or purpose of which is the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.

Wind Farm: An electricity-generating facility, whose main purpose is to supply electricity to the electrical grid, consisting of one or more wind turbines and other accessory structures and buildings including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities, which has a rated capacity of greater than 100 kW.

Wind Energy Generator (Accessory): A single system consisting of a single wind turbine, a tower, and associated control or conversion electronics designed to supplement other electricity sources as an accessory use to existing buildings or facilities, which has a rated capacity of not more than 100 kW.

Wind Power: Power that is generated in the form of electricity by converting the rotation of wind turbine blades into electrical current by means of an electrical generator.

Wind Turbine: A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, and pad transformer.

Wind Turbine Height: The distance measured from grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

Wireless Ancillary Structures: Forms of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports; however, specifically excluding equipment enclosures.

Wireless Communications: Any personal wireless service, which includes but is not limited to, cellular, personal communication services (CPS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging.

Wireless Communication Facility (WTF): Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennae, transmission cables, and equipment enclosures, and may include an antenna-supporting formation. The following facility types are considered a Wireless Communication Facility: developments containing new or existing antenna-supporting structures, public antenna-supporting structures, replacement antenna-supporting structures, collocation on existing antenna-supporting structures, attached wireless communications facilities, and nonconcealed wireless communication facilities. The following facility types are not included in this definition: amateur wireless facilities, satellite dish antennae and antenna supporting structures, and antennae and/or antenna arrays for TV/HDTV/AM/FM broadcasting transmission facilities.

Wireless Communication Facility Equipment Compound: A fenced outdoor area surrounding a wireless communication facility including the areas inside or under the antenna-support structure's framework and WTF support structure.

Wood Waste Grinding Operation: A permanent operation that receives organic wastes to be treated or processed for recycling or reuse in soil-plant related industries including activities such as grinding or chipping land clearing debris, high carbon nitrogen yard waste into mulch or boiler fuel. Such operation would be in existence for a period greater than six (6) months.

"X"

None.

"Y"

None.

"Z"

Zero Lot Line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zoning Vested Right: A right pursuant to G.S. 153A-344.1 to undertake and complete the development and use of land under the terms and conditions of an approved site development plan even if the zoning or zoning district requirements are changed prior to development.

(Ord. No. UDO-15-01 , § 1, 10-19-15; Ord. of UDO-17-01 , § 2; Ord. No. UDO-19-02 , §§ 1, 7, 8, 10, 11, 9-19-19; Ord. No. UDO-20-01 , 11-16-20; Ord. No. UDO-21-01 , §§ 47, 63, 5-17-21)