The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Accessory structure. A structure, which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Detached garages, carports and storage sheds are common accessory structures.

Accessory structure (appurtenent structure) means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure.

Adopted land use plan refers to the Town's land use plan prepared and adopted by the Town of Cape Carteret and approved by the Coastal Resources Commission (CRC) pursuant to Part 2 of the Coastal Area Management Act.

Alley. A minor right-of-way dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Appeal means a request for a review of the Floodplain Administrators interpretation of any provision of this ordinance.

Approval authority. The Board of Commissioners, Board of Adjustment or other Board or official designated by ordinance or this chapter as being authorized to grant the specific zoning or land use permit or approval that constitutes a site-specific development plan.

Area of future-conditions flood hazard means the land area that would be inundated by the one-percent-annual-chance (100-year) flood based on future-conditions hydrology

Area of shallow flooding means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

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

Areas of environmental concern (AECS). Refer to areas designated by the CRC, in which development shall require a minor or major development permit.

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

Base flood elevation (BFE) means a determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation".

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Basement. The space between the lowest floor level and the average level of the ground thereunder, if more than five feet, shall be considered a basement.

Block. A parcel of land intended for urban purposes, which is entirely surrounded by streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels or a combination thereof.

Boat. A boat or other watercraft, whether powered by engine or wind.

Boat dock. A group of piers, docks, pilings and other structures providing for the docking or mooring of one to ten small boats that is designed to serve more than one residential lot, or the use of which is in exchange for value.

Boat dock, individual. A docking and/or ramp facility consisting of not more than four boat slips to serve an individual residential lot in accordance with the standards of 15 N.C.A.C. 7H, the use of which is not in exchange for value.

Boat ramp. A facility, usually consisting of an inclined ramp from the shoreline extending into the water, used for launching boats from boat trailers into a body of water and subsequent recovering of boats for land transportation on boat trailers. Boat ramp includes piers, docks and pilings used in connection with the launching and retrieving of boats and the land, facilities and services required by this chapter to be adjacent thereto. Docking or mooring facilities for any activity other than the temporary control of a boat during launching or recovery are not a part of a boat ramp and are not permitted except in connection with a boat dock or marina as set forth in this chapter.

Boat slip. A structure or combination of structures, including piers, docks, finger piers, pilings and other mooring devices designed for the docking or mooring of one small boat. Each 20 feet of bulkhead, pier, dock, or other structure to which a boat can be moored alongside shall be included in the definition of BOAT SLIP.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer. A defined area of land and screening intended to separate different uses of property, or uses of property from streets, which strip shall contain no building or other structure, no parking area, and no road or drive except as may be required to cross a buffer strip. A buffer strip shall either remain in its natural state, or be otherwise used for plantings or other materials designed to provide a visual and sound barrier; provided, however, that all buffers shall meet the applicable standards of this Code.

Buffer screen widths. A one-row screen shall be a minimum of ten feet in width. A two-row screen shall be a minimum of 15 feet in width. A three-row screen shall be a minimum of 20 feet in width.

Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, which has enclosing walls for 50 percent or more of its perimeter. The term building shall be construed as if followed by the words or parts thereof and shall include porches, decks, carports, garages, sheds, roof extensions and overhangs, and any other projections. For the purpose of this chapter, a manufactured home or mobile business shall not be considered a building.

Building. see "Structure".

Building height. See Appendix A.

Building inspector. The official charged with the inspection of buildings and the issuance of Certificates of Occupancy. All references to Building Inspector in this UDO indicate the Building Inspector of Carteret County.

Building setback line. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures and the right-of-way line of any street or any lot line when measured perpendicular thereto.

Building setback line. A line or lines on a lot designating the area outside of which buildings may not be erected.

Building, accessory. A subordinate building, the use of which is incidental to that of a principal building or use on the same lot.

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

Built-upon area. That portion of a project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel surfaces such as roads, parking lots, and paths; and recreation facilities such as tennis courts. Built-upon area does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material.

Canopy, marquee or awning. Any roof-like structure permanently extended over a sidewalk or walkway, or temporary structure if the structure is used to display signs.

Canopy, marquee or awning sign. Any sign, other than a projecting sign, appearing on a canopy, marquee or awning and identifying the name or address of a building or an establishment contained therein.

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

Coastal A Zone (CAZ) means an area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones. In a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater than or equal to one and one-half feet. Coastal A Zones are not normally designated on FIRMs. (See Limit of Moderate Wave Action (LiMWA))

Coastal Area Management Act (CAMA). The law that relates to the management program for orderly growth in the coastal area of North Carolina as adopted by the General Assembly in 1974.

Coastal Area Management Act means North Carolina's Coast 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 Environmental Quality (NCDEQ) Division of Coastal Management (DCM).

Coastal Barrier Resources System (CBRS). Consists of undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by Federal or State Governments or private conservation organizations identified as Otherwise Protected Areas (OPA).

Coastal High Hazard Area means a Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in Article 3, Section B of this ordinance, as Zone VE.

Coastal Resources Commission (CRC). The Coastal Area Management Act established the Coastal Resource Commission within the Department of Environment and Natural Resources.

Collector street. A minor street that collects traffic from another street or streets (minor) and serves as the most direct route to a MAJOR STREET or a community facility.

Community sewer system. A public or private sewage disposal system that serves a community that is not an incorporated municipality. This includes unincorporated communities, subdivisions, mobile home parks and apartment complexes having three or more connections.

Community water system. A public or private water supply that serves a community that is not an incorporated municipality. This includes unincorporated communities, subdivisions, mobile home parks and apartment complexes having ten or more connections.

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

Controlled-access highway. A state highway, or section thereof, especially designed for through traffic and over, from or to which highway owners or occupants of abutting property, or others, shall have only controlled right or easement of access.

Corner lot. A lot that occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot for purposes of front yard setback specified in Appendix A of this UDO. The street line forming the most frontage shall be deemed the side of the lot for purposes of side yard setback according to Appendix A of this UDO. In any residential district the side yard requirements for corner lots along the side street line shall have the side yard setback as specified in Appendix A of the zoning code plus an additional ten feet. Where two street lines are equal, the subdivider is required to specify on the preliminary and final subdivision plat which line shall be the front yard line and which line the side yard line. Accessory buildings shall observe setback requirements. The designation front of the lot, front yard setback, side of the lot, side yard, or side yard setback shall not restrict the orientation of the front of buildings or other structures as long as the setback requirements are met.

Cul-de-sac. A minor street having one end open to vehicular traffic and having one end permanently terminated by a vehicular turnaround.

Day care center. A day care for more than eight persons which complies with all state and local regulations. Includes nursery school and preschool and may include a separate after school care for up to four hours of care per day on school days.

Use standards: Fenced open space and recreation area complies with applicable state regulations.

Day care home. A day care for a maximum of eight persons in the residence of the provider which complies with all state and local regulations.

Use standards:

1.

The day care must be carried on by a resident of the structure as either a sole proprietorship or a corporation that is wholly owned by the residents of the structure or a partnership where all partners are residents of the structure.

2.

The use of any accessory building or accessory structure for a day care is not allowed.

3.

Any outdoor play equipment stored throughout the day and night shall not be permitted in the front yard area and can be located no closer than 15 feet from any adjoining lot containing a dwelling.

4.

No person, other than members of the family residing on the premises, shall be engaged or employed. This shall not apply to a substitute nonresident person providing care on the premises while the owner/operator is sick or otherwise unable to provide care.

Day care as accessory use to a church. A day care center shall be allowed as an accessory use to a church in zoning districts where churches are allowed. These accessory uses shall be complaint with all federal, state and local regulations.

Design flood. See "Regulatory Flood Protection Elevation."

Development. Any activity in a duly designated area of environmental concern involving, requiring, or consisting of the construction or enlargement of a structure; excavation; dredging, filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; clearing or alternation of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal.

Development. Any increase in the amount of impervious surface or combination of impervious surface and permeable pavement greater than 1,000 square feet.

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

Development activity means any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.

Digital flood insurance rate map (DFIRM) means the digital official map of a community, issues by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk of premium zones applicable to the community are delineated.

Disposal means, as defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or by emitted into the air or discharged into any waters, including groundwaters.

Double-frontage lot. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

Dwelling. Any building or portion thereof constructed in accordance with the provisions of Volume 113 of the State Residential Building Code, which building is intended for use for residential purposes, excluding hotels and motels.

Dwelling, multifamily. Any building or portion thereof constructed in accordance with the provisions of volume 1 of the State Building Code, which building is intended for use for residential purposes, excluding hotels and motels.

Dwelling, multifamily attached means a residential unit that is located in a multi-family residential development with common areas and infrastructure, that is physically connected to other residential units, and shares one or more common walls. Examples include Townhouses or connected row houses, with common areas and infrastructure managed and maintained by a single entity. (Am. Ord. 10-10-2022)

Dwelling, single-family. A dwelling designed to be occupied by one family.

Dwelling, two-family or duplex. A dwelling designed to be occupied by two families, with separate kitchen facilities for each.

Easement. A grant by the property owner for the use by the public, a corporation or persons of a strip of land for specific purposes.

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

Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures, or development into a special flood hazard area, which may impede or alter the flow capacity of a floodplain.

Existing building and existing structure means any building and/or structure for which the "start of construction" commenced before the community entered the NFIP, dated April 1,1977.

Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of the initial floodplain management regulations adopted by the community, dated March 21, 1977.

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

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The overflow of inland or tidal waters; and/or

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

Flood boundary and floodway map (FBFM) means an official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Map (FIRM).

Flood hazard boundary map (FHBM) means an official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.

Flood insurance rate map means an official map of a community, issued by the FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. (see also DFIRM)

Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in the community issued by the FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.

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

Flood prone area. See "Floodplain"

Flood zone means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.

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

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

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

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

Flood-resistant material means any building product [material, component or system] capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.

Floodway means the channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and hydraulic models meeting the minimum requirement of the National Flood Insurance Program.

Freedboard means the height added to the BFE to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, storm surge or precipitation exceeding the base flood, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the "Regulatory Flood Protection Elevation".

Freestanding sign. A sign erected that is wholly independent of any building for support. All signs may be permanently affixed to or constructed upon the lot where they are located. Except as otherwise provided by this chapter, no freestanding sign shall exceed 35 feet in height, from the top of the sign to ground level. No freestanding sign made of wood shall exceed 24 feet in height, from the top of the sign to the ground level. The bottom of any freestanding sign shall not be less than 16 feet above the ground thereunder if accessible to vehicles. If less than 16 feet above the area, freestanding signs shall be so located, designed or protected as to prevent physical damage to the signs.

Group development. A development comprising two or more buildings such as groups of residences, commercial structures or industrial plants where the land is not subdivided into customary streets and lots.

Habitual offender. Any individual, agent, property owner, tenant, organization, civic group, corporation, or other similar entity that is continuously cited for the same violation of the Town of Cape Carteret Sign Ordinance on at least two separate occasions with the second violation occurring after compliance with the ordinance has been achieved. The Police Department or UDO Administrator shall have the authority to designate an individual a habitual offender, in accordance with the provisions contained herein, and require that the individuals adhere to specific enforcement provisions to abate identified violations as contained within Section 14.16.4 of this chapter.

Hazardous waste management facility means, as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

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

Historic structure means any structure that is:

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Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

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Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

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© Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program"; or

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Certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program."

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Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

Home center. A business selling retail products for home improvements, maintenance, decorating, home care, recreational, leisure and related needs.

Home occupation. A commercial or professional business conducted from a dwelling that does not violate any of the following restrictions:

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No person receives compensation for engaging in the business, except a member or members of the family residing within the dwelling;

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The use occupies not more than 250 square feet of the total heated and unheated space of the residential dwellings, including porches, garages, out buildings, and decks:

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There is no on-premises sale of merchandise from inventory stored or displayed within the dwelling;

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There is no display of merchandise visible from any street right-of-way or from any adjoining lot;

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There are no personal services rendered which require that customers be present on the premises except for children that are cared for under the provisions for home child daycare.

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No advertising sign or display is visible from any street right-of-way or any adjoining lot;

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No special parking area is provided or required;

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No equipment or process is employed that will cause noise, vibration, odor, glare or electrical or communications interference detectable to normal senses off the lot;

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The activity is legal, and does not constitute a nuisance; and

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Garage sales are permitted only insofar as they are conducted consistent with the limitations set forth in G.S. 116.15 et seq.

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Any activity which is entered into for profit or which might result in a monetary profit shall be deemed prima facie evidence of conducting a business.

Identification sign.

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A sign used to display only the name, address, crest or trademark of the business, individual, family, organization or enterprise occupying the premises, or the profession of the occupant, or the name of the building on which the sign is displayed.

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A permanent sign announcing the name of a subdivision, shopping center, church, school, park, or public or quasi-public structure, facility or development and the name of the owners or developers.

Impervious surface means impervious surface that does not allow water to infiltrate through the surface and into the subsoil. Impervious surface does not include a slatted deck; the water area of a swimming pool; or otherwise as defined by G.S. 143-214.7(b2).

Implementation and enforcement plan refers to the local management program for the implementation and enforcement of minor permit requirements within areas of environmental concern and the policies of the adopted land use plan within the Town of Cape Carteret.

Industrial center. This term is synonymous with planned industrial center. A group of light industrial businesses planned, developed, owned or managed as a unit, with Off-street parking provided on the property; provided, that an industrial center shall be developed on a tract of land containing not less than ten acres.

Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

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Letter of map amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program Map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

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Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

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Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

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Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light duty truck means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:

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Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

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Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

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Available with special features enabling off-street or off-highway operation and use.

Limit of moderate wave action (LiMWA) means the boundary line given by FEMA on coastal map studies making the extents of Coastal A Zones (CAZ).

Local permit officer refers to the locally designated official(s) who will administer and enforce the minor development permit program in areas of environmental concern and the policy requirements of the land use plan over the entire planning area of the Town of Cape Carteret.

Lot. A parcel of land in single ownership occupied or intended for occupancy by a principal building together with its accessory buildings, including open space required under Chapter 11 of this UDO, the Town's zoning code. For the purpose of this chapter, the word LOT shall be taken to mean any number of contiguous lots or portions thereof, upon which one principal building and its accessory buildings are located or are intended to be located.

Lot. A parcel of land occupied or intended for occupancy by a principal building(s), together with any accessory building(s), including the open space required under this chapter.

Lot, corner. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot for purposes of the front yard setback specified in Appendix A of this chapter. The street line forming the most frontage shall be deemed the side of the lot for purposes of side yard setback according to Appendix A of this chapter. In any residential district the side yard requirements for corner lots along the side street line shall have the side yard setback as specified in Appendix A of this chapter plus an additional ten feet. Where two street lines are equal in subdivisions platted without front and side yard setbacks noted on the plat, the owner is required to specify to the UDO Administrator which street line will be the front of the lot and which street line will be the side when requesting a building permit. Accessory buildings shall observe setback requirements. The designation front of the lot, front yard setback, side of the lot, side yard, or side yard setback shall not restrict the orientation of the front of buildings or other structures as long as the setback requirements are met.

Lot, double-frontage. A lot which runs through a block from street to street or which has two nonintersecting sides abutting on two or more streets. A double-frontage lot requires front building setbacks on both streets. Residential double-frontage lots should be avoided.

Lot, interior. A lot other than a corner lot.

Lot depth. The distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the rear lot line.

Lot frontage. That dimension of a lot or portion of a lot abutting a street, excluding the side dimension of a corner lot.

Lot line, front. In the case of an interior lot, means the lot boundary separating the lot from the street. In the case of a double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit.

Lot line, rear. The lot boundary opposite and most distant from the front lot line.

Lot line, side. Any lot boundary not a front lot line or rear lot line.

Lot lines. The lines bounding a lot as defined hereinafter:

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

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

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

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

Major development. Any development, which requires permissions, licensing, approval, certification, or authority in any form from the N.C. Environmental Management Commission, the N.C. Departments of Human Resources, the N.C. Department of Environment and Natural Resources, the N.C. Department of Administration, the N.C. Mining Commission, the N.C. Pesticides Board, the N.C. Sedimentation Control Commission, or any federal agency or authority; or development which occupies a land or water area in excess of 20 acres; includes a structure or structures in excess of a ground area of 60,000 square feet on a single parcel; or which contemplates drilling for or excavating natural resources on land or under water.

Major street. A street or highway which is used for moving heavy traffic volumes or high-speed traffic, or both. As used within this chapter, major streets shall mean N.C. Highway 58, N.C. High-way 24, and Taylor Notion Road.

Major thoroughfare. The following thoroughfares: N.C. Highway 24 and N.C. Highway 58.

Manufactured home. A dwelling, not constructed in accordance with the standards set forth in the State Building Code Volume 1 or 1A, designed for transportation after fabrication on streets or highways on its own wheels or on flatbeds or other trailers and arriving on the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, whether or not placed on a permanent foundation. Travel trailers are not to be considered manufactured homes.

Manufactured homes means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home, Class A. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and satisfied the following additional criteria:

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The manufactured home has a length not exceeding four times its width;

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The pitch of the home's roof has a minimum vertical rise of 2.2 feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

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The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss white paint), wood or hardboard, comparable in composition, appearance or durability to the exterior siding commonly used in standard residential construction;

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A continuous required ventilation and access is installed under the manufactured home; and

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The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to final placement.

Manufactured home, Class B. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy one or more of the criteria necessary to qualify the unit as a class A manufactured home.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map repository means the location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carries the same authority as hard copy products. Therefore, the NCEM's Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data the FloodNC website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map repository.

Map, zoning map or Cape Carteret Zoning Map. The Official Zoning Map of Cape Carteret, North Carolina.

Marginal-access street. A minor street located beside a limited-access street or highway or a railroad, which provides access to abutting properties, provides protection from through traffic, and controls access.

Marina. Piers, docks, boat slips, pilings, seawalls, bulkheads, and other structures providing for the docking or mooring of more than ten but no more than 25 small boats and the land, facilities and services required by this chapter to be adjacent thereto.

Marina permit. A zoning permit issued by the Town for the construction of a marina.

Markers. Permanent concrete monuments four inches in diameter or square, three feet long; iron pipe markers not less than three-fourths of one inch in diameter and 30 inches long.

Market value means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.

Micro-pigmentation. Also known as permanent makeup, permanent cosmetics, derma-pigmentation, derma-graphics and/or cosmetic tattooing. Micro-pigmentation is a cosmetic technique which employs tattoos, or permanent pigmentation of the dermis, as a means of permanent enhancing colors to the skin of the face, lips and eyelids. Permanent makeup may also be used to produce artificial eyebrows.

Minor development. Any development that does not require permission, licensing, approval, certification or authorization in any form from the Environmental Management Commission, the Department of Human Resources, the Department of Natural Resources and Community Development, the Department of Administration, the State Mining Commission, the State Pesticides Board, the State Sedimentation Control Boards or any federal agency; that occupies a land area of 20 acres or less; or that occupies on a single parcel a structure or structures with a ground area of 60,000 square feet or less.

Minor street. A street whose primary purpose is to provide access to adjacent properties and that is designed in a manner that will discourage use by through traffic.

Mixed-use developments. Mixed use developments allow for a combination of permitted commercial uses listed in the Table of Permitted Uses and Parking Space Requirements with residential dwelling units. Only those uses specified in the Table of Permitted Uses and Parking Space Requirements shall be allowed within the Mixed-Use Development.

Mobile business. A building not constructed in accordance with the standards set forth in the State Building Code Volume 1 or 1A, designed for transportation after fabrication on streets or highways on its own wheels or on flatbeds or other trailers and arriving on the site where it is to be occupied as a business complete and ready for occupancy except for minor and incidental unpacking and assembly operations whether or not placed on a permanent foundation. Travel trailers are not to be considered a mobile business.

Modular home. A dwelling constructed in accordance with the standards set forth in the State Building Code Volume 1 or 1A and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Navigable waterway. Any body of water, channel or boat basin located within the corporate limits of the Town which may be utilized by boat traffic.

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

Nonconforming sign. A sign not in compliance with the provisions of this chapter as of the effective date of the ordinance from which this chapter derives. The term also means a sign which does not comply with the provisions of any amendment to this chapter, or any sign erected, after the effective date of the ordinance from which this chapter derives or any amendment thereto which does not comply with all of the provisions of this chapter or any amendment.

Nonconforming use. Synonymous with nonconforming situation and is a use of land, improved or not, or a building or other structure which use, building or structure existed legally prior to the adoption of the ordinance from which this chapter derives or any amendment thereto, but which does not conform to the requirements of this chapter, either at the effective date of this chapter or as a result of subsequent amendments thereto.

Non-encroachment area (NEA) means the channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report.

Office center or planned office center. A group of business and professional offices, planned, developed, owned or managed as a unit, with off-street parking provided on the property; provided, that an office center shall be developed on a tract of land containing not less than three acres.

Official maps or plans. Any maps or plans officially adopted by the Planning Board or the Board of Commissioners as a guide for the development of the Town and its surrounding area, consisting of maps, charts and text.

Official sign. Any sign, symbol or device erected and maintained by a federal, state, county or municipal government or any governmental agency for the purpose of informing or guiding the public.

Off-premises outdoor advertising sign. Any sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located.

On premises outdoor advertising sign. Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the premises where the sign is located.

Otherwise protected area (OPA). See "Coastal Barrier Resources System (CBRS)."

Owner. Any person, firm or corporation, lessee, receiver, trustee, guardian or personal representative holding legal title or right to occupy or carry on business in a structure or any facility and shall include every person who shall have title to or benefit of a sign, or for whose benefit any type of sign is erected or maintained. Where there is more than one owner, their duties and obligations under this chapter are joint and several, and shall include the responsibility of the sign.

Parapet sign. A sign that extends the entire wall length to form a parapet.

Parking space. A marked area, not less than 200 square feet in size, designed for utilization as parking space for a single vehicle, and located outside the boundary of any street right-of-way.

Permeable pavement. Paving material that absorbs water or allows water to infiltrate through the paving material. Permeable pavement materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other material with similar characteristics. Compacted gravel shall not be considered permeable pavement.

Plat, final. A map of a land subdivision prepared in a form suitable for filing a record with necessary affidavits, dedications and acceptance and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas, other dimensions of land, and the like.

Plat, preliminary. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

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

Post-FIRM means construction or other development for which the "start of construction" occurred on or after April 1,1977, the effective date of the initial Flood Insurance Rate Map.

Pre-FIRM means construction or other development for which the "start of construction" occurred before April 1,1977, the effective date of the initial Flood Insurance Rate Map.

Principally above ground means that at least 15% of the actual cash value of the structure is above ground.

Public safety and/or nuisance. "Public Safety" and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or us, in the customary manner, of any navigable lake, or river, bay, canal, or basin.

Pumphouse. A building not to exceed 36 square feet of floor space or seven feet six inches in height for the purpose of housing equipment to pump and treat water for use on the same lot on which the pumphouse is located. A pumphouse is not considered an accessory building and shall be exempt from normal setback requirements.

Recreational vehicle (RV) means a vehicle, which is:

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Built on a single chassis;

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400 square feet or less when measured at the largest horizontal projection;

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

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

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Is fully licensed and ready for highway use.

Redevelopment. Any replacement of a building (or portion thereof), parking surface, or other impervious surface or combination of impervious surface and permeable pavement greater than 1,000 square feet. This excludes maintenance work, the resurfacing of paved surfaces and the addition of gravel to currently graveled areas, but does include the replacement of surfaces, including like type replacements.

Reference level. Is the top of the lowest floor for structures within the Special Flood Hazard Areas designated as Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within Special Flood Hazard Areas designated as Zone VE.

Regulatory flood protection elevation means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.

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

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

Salvage yard means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

Sand dunes means naturally occurring accumulations of sand ridges or mounds landward of the beach

Shear wall means walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.

Shopping center or planned shopping center. A group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the property. A shopping center shall be developed on a tract of land containing not less than five acres.

Sign. Any structure or any attention-directing device, or any part thereof, painted on or represented in any other manner on a building or other structure upon which is displayed or included any letter, figure design, symbol, trademark, decoration, device or representation used as or which is in the nature of any announcement, direction advertisement or any other attention-directing function.

Sign. Any words, lettering, figures, numerals, emblems, devices, trademarks, or trade names or combination thereof, by which anything is made known, such as the designation of an individual firm, corporation, profession, business, commodity or product and which is designed to attract attention and/or convey a message.

Signs, number and surface area.

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For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device which may or may not contain elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationships of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

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The surface area of a sign shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. Freestanding signs shall be computed on the basis of one surface only, provided the opposite surface is identical in size, not necessarily in copy or advertisement.

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The allowable sign area computed by applying the square feet/linear feet multiplier shall cover all signs on the building or structure and freestanding signs.

Site-specific development plan.

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A plan of land development submitted to the Town for purposes of obtaining one of the following zoning or land use permits or approvals:

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Approval of a preliminary subdivision plan by the Board of Commissioners of the Town as required by Section 14.13.9.7; and

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Site plan approvals granted by the Board of Commissioners for Special Use Permits in accordance with this Code of ordinances.

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Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site-specific development plan.

Small boat. A boat or other watercraft not exceeding 25 feet in overall length.

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

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

Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in Section 14.15.3.5 of this ordinance.

Special use permit. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.

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

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it.

Street. A thoroughfare which affords the principal means of access to abutting property and which has been accepted for maintenance as a street by the Town or the State of North Carolina as a public street or which has been dedicated to private property owners as a private street.

Street. An area designed for vehicular traffic offered for public or private dedication for the intended use, whether or not the offer of dedication has been accepted.

Street line. The dividing line between a street or right-of-way and the contiguous property.

Structural addition. Any roofed, canopied, enclosed porch and/or structure or room which is used in connection with a dwelling. A concrete slab porch with no roof shall not be considered a structural addition.

Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

Subdivider. Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land.

Subdivision. Includes all divisions of a tract or parcel of land into two or more lots for the purpose of sale or building developments, whether immediate or future, and includes all divisions of land that necessitate the dedication of a new street to provide access to a lot not abutting a street right-of-way or that require a change in existing streets.

Substantial damage means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement".

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

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

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Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by the variance issued pursuant to Section 14.15.3.5 of this ordinance.

Technical bulletin and technical fact sheet means a FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.

It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive State or local regulations apply to the building in a flood hazard area.

Temperature controlled means having the temperature regulated by a heating and/or cooling system, built-in or appliance.

Temporary sign. A banner, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other material and displayed for a limited period of time as set forth in § 16.6.

Town. The Town of Cape Carteret.

Travel trailer. A wheeled vehicle portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes. This is also intended to include structures mounted on auto or truck bodies, commonly referred to as CAMPERS.

TV dish antennae. Dish-shaped structures located so as to receive electromagnetic signals from space satellites. This term includes Earth satellite receiving stations, Dish, and TV Dish.

Used or occupied. As applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied.

Utility easement. An easement which grants to the Town of Cape Carteret or other utility provider the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm water pipes, electric utilities, telephone lines, natural gas lines, and all other similar utilities.

Variance. Is a grant of relief from the requirements of this ordinance

Village Single-Family Residential. Single-family residential developments designed to achieve a village environment, with single-family homes on smaller lots, with minimal setbacks, positioned close to the adjacent street, and with parking on the side and/or rear of the structure.

Violation means the failure of a structure or other development to be fully complaint with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 14.15.3 and 14.15.4 is presumed to be in violation until such time as that documentation is provided.

Wall sign. Any sign attached to or erected against the wall of a building or structure, or which is an integral part of the building or structure. No sign shall project into a public right-of-way or more than 1 foot beyond the physical dimensions of the building.

Water facility permit. A zoning permit issued by the Town official charged with administering the Waterways Ordinance (this subchapter) for the construction of a boat dock or boat ramp.

Water surface elevation (WSE) means the height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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

Yard, front. An open space between the front line of the principal building (exclusive of steps) and the front line of the lot and extending the full width of the lot.

Yard, rear. An open space between the rear line of the principal building (exclusive of steps) and the rear line of the lot and extending the full width of the lot.

Yard, side. An open unoccupied space on the same lot with a principal building between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard line to the rear yard line.

Zoning vested right. A right pursuant to G.S. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan.

(1997 Code, § 26-72; Ord. of 7-8-2024, § 3; Ord. of 9-9-2024, § 5; Ord. of 07-14-2025(1), § 2)