(a)

Words used in the present tense include the future tense.

(b)

Words used in the singular number include the plural, and words used in the plural number include the singular.

(c)

The term "shall" is always mandatory and not merely directory.

(d)

The term "may" is permissive.

(e)

The terms "used" or "occupied" include the terms "intended," "designed" or "arranged to be used or occupied."

(f)

The term "lot" includes the terms "plot" or "parcel."

(g)

The term "persons" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(Code 1977, § 9-4011)

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

Accessory use. See Use, accessory.

Administrative decision are decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.

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

Administrative official means the official charged with the enforcement or the zoning ordinance. In the town, the administrative official is designated by the town manager.

Adult entertainment establishments include clubs and eating and drinking establishments with nude or seminude entertainment or dancing; physical culture establishments, such as, but not limited to, masseurs, massage parlors, etc.; and establishments that include adult bookstores or stores where the preponderance of its publications, books, magazines or other periodicals and videos are adult in nature, adult motion picture theaters, adult motels and hotels, and other similar establishments which depict or emphasize sexual activities and/or nudity.

Alley means a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

Athletic and exercise facilities, indoor and instructional, mean a business/organization that instructs students on skills that may include, but are not limited to, physical fitness centers, batting and pitching, soccer, football, tennis, squash, racquetball, golf, dance, gymnastics, martial arts, art, and music and shall not include trick driving or driver training schools. Incidental outdoor instructional usage may be considered permissible at the discretion of the zoning administrator.

Bed and breakfast inn means a use, that takes place within a building that prior to such an establishment was a single-family dwelling, which consists of renting one or more rooms on a daily basis to tourists, vacationers and business people, where provision of meals is limited to the breakfast meal, available only to guests. The homeowner shall reside on-site and employment shall not exceed two full-time employees, not including the owner.

Billboard. See Sign, outdoor advertising.

Boardinghouse means a building where, for compensation, lodging and/or meals are provided.

Body piercing establishments means an establishment within a structure where patrons' (customers') bodies are pierced with body piercing tools; typically for the display of jewelry, such as rings and pendants that are inserted through the body piercing.

Bona fide farm purposes mean agricultural activities as set forth in G.S. 160D-9-3) (only applies to our ETJ area. The bona fide farm exemption to zoning does not apply to property inside town limits).

Brewery means a facility for the brewing of alcoholic beverages, including beer, ales, wine and/or similar beverages that produces more than 25,000 barrels per year. The facility may include a tasting room, additional space for consumption on-site with food, and retail space to sell the beverages in sealed containers directly to patrons on site. The facility must follow all NC ABC regulations.

Buffer strip means a buffer strip shall consist of a planted strip of land at least ten feet in width composed of deciduous and/or evergreen trees, spaced not more than 20 feet apart, and not less than one row of dense shrubs, spaced not more than five feet apart and five feet or more in height after one growing season, which shall be planted and maintained in a healthy, growing condition by the property owner; or a masonry wall located within the required buffer area; such wall shall be a minimum height of six feet (above finished grade); and, if a block wall, it shall be painted on all sides; or an opaque fence six feet in height, finished side of fence must face out; such fence or masonry wall shall conform to the town fence ordinance.

Building means any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including trailers, or mobile homes, manufactured homes, freestanding signs, and similar structures whether stationary or movable.

Building height means the vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

Building setback line means a line establishing the minimum allowable distance between the nearest portion of any building and the existing property line when measured perpendicularly thereto as displayed on an accurate current survey of the property or in the event said survey is not available, the current county tax maps.

Bulletin board means a board for posting notices.

Campus means the grounds or property of a school, college, university, church, municipal facility or hospital, often understood to include buildings and other structures incidental to the primary use.

Carport, also freestanding carport, means a structure that is open on at least three sides and is customarily used for the sheltering/shading of a parked vehicle.

Club orlodge means an 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. The affairs and management of such club or lodge are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion or some other common objectives of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and local laws.

Comprehensive plan can include any of the following types of plans that have been officially adopted by the governing board: land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development.

Conditional zoning means a legislative zoning map amendment with site-specific conditions that are incorporated in the zoning map amendment.

Condominiums mean a project of two or more units in one or more multi-unit buildings in which the ownership of the occupancy rights to each dwelling unit is individually owned or for sale to an individual and such ownership is not inclusive of any land.

Convalescent home. See Nursing home.

Convenience store means a commercial building where a variety of items are sold, which may include food, magazines, automobile accessories and maintenance supplies, and other such items. In addition to the commercial building, other services on the premises may include gasoline sales, and a coin-operated (automated) car wash.

Curb cut means a lowered or cut-away curb designed for the purpose of vehicle ingress or egress to property abutting a public street.

Customary home occupation means any profession or occupation carried on by a member of a family provided that the occupational use is clearly incidental and secondary to the use of the building for residential purposes and does not change the character thereof, and that not over 25 percent of the total actual floor area of any structure is used for home occupations or professional purposes. (See article XV of this chapter for additional requirements.)

Decision-making board means a governing board, planning board, board of adjustments, historic district board or any other board that is assigned to make quasi-judicial decisions under this chapter.

Determination means a written final binding order on an administrative decision.

Developer means a person (including a governmental agency or development authority) who undertakes any development and who is the landowner of the property to be developed or has been authorized by the landowner to undertake development of that property.

Development means any of the following:

(1)

The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition any structure.

(2)

The excavation, grading, filling, clearing or alteration of land.

(3)

The subdivision of land as defined in G.S. 160D-8-2.

(4)

The initiation or substantial change in the use of land or the intensity of the use of land.

Development approval means an administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Development regulation means a unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation/land mark regulation, housing code, State Building code enforcement or any other regulation adopted pursuant to this chapter.

Distillery means a facility, where distilled spirits are produced for wider distribution and limited consumption on premises with a maximum production of 75,000 gallons per year. The establishments may include a tasting room, additional space for consumption on-site with wood, and retail space to sell the spirit in sealed containers directly to patrons on site. The facility must follow all NC ABC regulations.

District means any territorial division of the town planning and zoning limits into defined areas (districts) where the zoning regulations are uniform.

Dwelling means any building, structure or portion thereof that meets the state building code standards and which is designed, arranged or used for permanent residential occupancy. The term "dwelling" shall not be deemed to include a motel, hotel or tourist home.

Dwelling, multifamily, means a dwelling arranged or designed for occupancy by three or more families, with separate housekeeping and cooking facilities for each.

Dwelling, single-family, means a detached residential dwelling unit, other than a manufactured (mobile) home, designed for and occupied by one family only.

Dwelling, two-family, means a dwelling arranged or designed for occupancy by two families, with separate housekeeping, cooking facilities for each and a shared wall.

Electronic gaming operations means any business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals to conduct games of chance, including sweepstakes, and where money, credit, merchandise or other items or allowance of value are redeemed by or otherwise distributed. This definition applies whether or not the value of such distribution is determined by electronic games played or by predetermined odds. The term "electronic gaming operations" includes, but is not limited to, internet cafes, cybercafe, sweepstakes entertainment business, or internet sweepstakes. This does not include any lottery approved by the state.

Equine stables for commercial or private use means buildings that are used for the shelter and feeding of horses. This definition will apply to any structure where a group of these animals are lodged, trained or kept in any way.

Evidentiary hearing means a hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this chapter.

Existing trees means trees found on a site prior to development, which may be used to meet some or all of the requirements of this article.

Family means an individual, two or more persons related by blood, marriage or law, or a group of not more than five persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two or more persons related by blood, marriage or law, are a part of the family for this article, but not including a group occupying a boardinghouse, club, fraternity house or similar type dwelling.

Family care home means a facility for not less than two and no more than six children, adolescents, or adults who are mentally, visually or physically handicapped. Adult care is provided as well as a program of services and protective supervision in a home setting. No family care home shall be allowed to locate within a one-half mile radius of an existing family care home.

(1)

A family care home shall be deemed as a residential use of property for zoning purposes and shall be permissible uses in all residential zoning districts. A family care home does not require a special use permit. If there is another family care home located within a one and half mile radius of an existing family care home the town can prohibit any other family care homes in that area.

Flea markets/rummage sales mean sales area, exclusively indoors, in which space is set aside or rented, and is intended for use to sell a variety of articles such as those which are either homemade, handcrafted, new, used, old or obsolete.

Floor area means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use. However, for the purposes or measurement for off-street parking spaces, floor area shall not include floor area devoted primarily to storage purposes, loading facilities, or to basement floor area other than that area devoted to retailing activities.

Garage service means a repair shop for automotive vehicles.

Junk yard means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber tires, and bottles. The term "junk yard" does not include uses established entirely within enclosed buildings.

Large shade tree means a tree whose height, under average regional growing conditions, will exceed 25 feet at maturity.

Legislative decision means the adoption, amendment or repeal of any regulation under this chapter. The term also includes the decision to approve, amend, or rescind a development agreement.

Legislative hearing means a hearing to solicit public comment on a proposed legislative decision.

Lot means a parcel of land occupied, or to be occupied, by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot areas as are required by this article, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.

Lot, corner, means a lot abutting the intersection of two or more streets or a lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at any angle of less than 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line, measured from the midpoint of the front lot line to the midpoint of the rear.

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

Lot, irregular shaped, means lots located at corners or intersections, which create shapes with three sides or more and contain corner angles greater than 90 degrees. The front yard and rear yard of such lots shall be determined with respect to adjacent homes and/or the placement of the existing home, and the maintenance of street views.

Lot line means any boundary line of a lot.

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

Lot, substandard, means a parcel of land held in separate ownership, occupied or intended to be occupied by a principal building or structure together with accessory buildings, and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this article.

Lot, through, means an interior lot having a frontage on two streets, or a corner lot having frontage on three streets.

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

Manufactured home means a structure as defined in G.S. 143-145(7). Cannot exclude based on age of home.

Manufactured home, Class A, means 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 that satisfies the following additional criteria:

(1)

The manufactured home has a length not exceeding four times it width, with length measured along the longest axis and width measured at the narrowest part of the other axis.

(2)

The manufactured home has a minimum of 1,200 feet of enclosed and heated living area.

(3)

The pitch of the roof of the manufactured home has minimum vertical rise of 3⅕ feet for each 12 feet of horizontal run (3.2 feet by 12 feet) and the roof is finished with a type of composition shingle that is commonly used in standard residential construction.

(4)

The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions).

(5)

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

(6)

The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, entrance and exit to and from the home shall be installed or constructed in accordance with the state building code.

(7)

The manufactured home is set up in accordance with the standards set by the state department of insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home.

(8)

The moving hitch, wheels, axles, and transporting lights have been removed.

(9)

Each manufactured home shall be only for single-family occupancy.

(10)

A manufactured home shall comply with the FHA (Federal Housing Administration) requirements relative to tie downs.

(11)

The electrical meters servicing the manufactured home shall he mounted (attached) directly to the manufactured home.

(12)

A multi-sectional manufactured home is required. A singular sectional manufactured home is prohibited.

(13)

All manufactured homes shall otherwise meet all applicable zoning regulations for the zoning district in which the home is located.

It is the intent of these criteria to ensure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site conventionally built, single-family dwelling, to include landscaping in harmony with surrounding dwellings.

Manufactured home, Class B(commonly referred to a single section manufactured home) means 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 that satisfies the following additional criteria:

(1)

The manufactured home has a minimum length of 52 feet measured along the longest axis and a minimum width of 14 feet measured at the narrowest part of the other axis;

(2)

The manufactured home has a minimum of 728 square feet of enclosed living area;

(3)

Pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each 12 feet of horizontal run;

(4)

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

(5)

The manufactured home is set up in accordance with the standards set by the state department of insurance and rests upon a continuous uniform foundation enclosure, un-pierced except for required ventilation and access. The foundation skirting shall be of a noncombustible material or material that will not support combustion. Any wood framing for foundation skirting shall be constructed with treated lumber;

(6)

Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set be the state building code; and

(7)

The moving hitch, wheels and axles, and transporting lights have been removed.

Manufactured home, Class C(commonly referred to as a house trailer or a mobile home) means any manufactured home that does not meet the criteria of a Class A or a Class B manufactured home as set forth in this section.

Manufactured home lot means a piece of land within a manufactured home park:

(1)

Whose boundaries are delineated in accordance with the requirements of this article; and

(2)

That is designated and improved in accordance with the requirement of this article to accommodate a single manufactured home.

Manufactured home park means any lot of land used, maintained, or intended to be used for occupancy by five or more manufactured homes together with accessory structures provided in connection therewith. The term "manufactured home park" does not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sale.

Microbrewery means a facility for the brewing of alcoholic beverages, including beer, ales, wine and/or similar beverages that produces less than 25,000 barrels per year, primarily intended for consumption on the premises or by sealed containers to be sold directly to the consumer. The facility may include a tasting room, additional space for consumption on site with food, and retail space to sell the beverages to patrons on site. Microbreweries are also referred to as brewpubs, wine bars, and pubs. The facility must follow all NC ABC regulations.

Mining means the extraction of minerals, including solids and/or the excavating and removing material from the surface and/or subsurface.

Mobile food vending unit means the truck, vehicle-mounted, or vehicle-towed piece of equipment designed to be readily moved by food vendors.

Mobile food vendor means a mobile food service establishment that serves foods for sale that have been prepared, pre-portioned and individually pre-wrapped at a restaurant or commissary, or prepares and serves food and/or beverages for sale to the general public on a recurring basis from a truck, vehicle-mounted, or vehicle-towed piece of equipment designed to be readily moved.

Modular home means a structure that:

(1)

Consists of a single unit completely assembled at the factory or of multiple principal components totally assembled at the factory and joined together at the site;

(2)

Is designed so that the total structure or each component thereof can be transported;

(3)

Is built to the state building code standards for conventionally built homes;

(4)

Contains a minimum of 1,000 square feet of living area;

(5)

Is designed to be used as a dwelling and provides complete, independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and

(6)

Is actually being used or is held ready for use as a dwelling.

(7)

Shall comply with the design and construction standards set forth in G.S. 143-139.1.

Nonconforming use means a legal use of a building and/or land that predates the adoption of these regulations and does not conform to the regulations for the district in which it is located.

Nursing home means an institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely ill and who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor which distinguishes nursing homes is that the residents will require the individualization of medical care. For the purposes of this article, a nursing home shall also be considered a convalescent home.

Off-street parking means a parking space located off the street with properly related access to a public street or alley and maneuvering rows.

Open storage means unroofed storage areas, whether fenced or not. (Also see Outdoor storage.)

Outdoor storage means the placement or storage of goods, equipment, or materials outside of an enclosed building for a period of more than 48 consecutive hours. Outdoor storage shall include vehicles not for immediate sales and those not considered junk or abandoned. The term "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses.

Parapet wall means that portion of the building support wall that is constructed in conjunction with the building structure, extends above the level of the roof line, and is a part of the original construction or a part of substantial structural changes made subsequent to the original construction.

Parking space means the storage space for one automobile of not less than eight feet by 20 feet, plus the necessary access space.

Planned unit development (PUD) means a use designed to provide for developments incorporating a single type or a variety of residential or related uses, which are planned and developed as a unit. Such development may consist of individual lots and common building sites. Common open space and a permanent owners' association must be elements of the planned unit development.

Planning and development regulation jurisdiction is a geographic area that is outside of town limits that the town has the authority to enforce our development regulations authorized by this chapter.

Planning board is a board that is established pursuant to G.S. 160D-3-1.

Principal building means the main building for which a lot is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.

Projecting sign means a sign which is attached to and projects more than 12 inches from a building face or wall.

Property line. See Lot line.

Produce stands, temporary on-premises. Stands offering plants or produce or other consumable goods produced on the premises, that are not located in a permanent structure and the use is seasonal and temporary per applicable sections of this chapter.

Produce stands, mobile. Stands offering plants or produce or other consumable goods, that are not located in a permanent structure and the use is seasonal and temporary per applicable sections of this chapter.

Public facility means all public land use, excluding municipal facilities, that include schools, colleges, governmental offices and facilities, fire stations, libraries, hospitals, utilities, or other such uses that serve a public health, safety or general welfare interest in the community.

Public street means any publicly maintained right-of-way set aside for public travel, which has been accepted for maintenance as a street by the town or the state department of transportation.

Quasi-judicial decision is a decision involving the findings of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings be made by the decision-making board.

Residence. See Dwelling.

Roof line means the edge of the roof around the building structure where a wall intersects with the eaves of the roof.

Roominghouse. See Boardinghouse.

Salvage yard. See Junkyard.

Service station means any building or tract of land where fuels and lubricants for motor vehicles are sold or dispensed and where certain repairs are performed incidental to the conduct of the service station.

Setback line means the minimum horizontal distance between the front line of a building or structure and the front property line. (Also see Building setback line.)

Sign means any letter, symbol, number, or combination of these, including the structure, frame, base, supports and all related accouterments, which may be seen from the right-of-way of a street or highway.

Sign, freestanding, means a sign which is erected or constructed to stand on its own foundation free of architectural or supporting frame or attachment.

Sign, outdoor advertising, means a standard structural poster panel or painted sign either freestanding or attached to a building, for the purpose of conveying information, knowledge or ideas to the public about a subject unrelated to the premises upon which it is located.

Sign, wall, means a sign which is attached to or painted on a building, with the exposed face thereof in a plane parallel to and which does not project more than one foot in front of the plane of the wall with which it is associated.

Site plan (site specific development plan) means a scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor areas, setbacks from lot lines/street rights-of-way, intensities, densities, utility lines/locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision. A site plan approval in whole or in-part upon the application of standards involving judgement and discretion is a quasi-judicial decision. A site plan may also be approved as a part of a conditional zoning decision.

Small ornamental tree means a tree whose height, under average regional growing conditions, will not exceed 25 feet at maturity.

Storage building means a building that is the principal building on a lot that is used for storage:

(1)

Existing facilities expanding to include outdoor storage shall submit a revised site plan showing such, in accordance with the provisions of this section;

(2)

No business activity sales, service, or repair activities, other than rental of the storage units or spaces, shall be conducted within the storage facilities;

(3)

The storage of hazardous, toxic, or explosive substances shall be prohibited.

Street means a dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Streetscape means improvements, such as landscaping, primarily intended for the enhancement of the right-of-way.

Streetscape trees means any tree planted within or adjacent to a right-of-way.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including buildings, fences and signs.

Tattoo parlor and/or establishment means an establishment within a structure where a tattoo artist tattoos bodies of the establishment's patrons (customers) with the appropriate tools and methods that are regulated by the state.

Tie downs means galvanized steel cables or strapping which tie a manufactured (mobile) home and its steel frame to anchors embedded in the ground.

Tourist home means a dwelling wherein rooms are rented as a home occupation to provide overnight accommodations for transient guests.

Tower means telecommunications towers, including, but not limited to, relay stations for commercial operations, such as cable television, radio/cellular telephones, radio, television stations, and the operation of such uses. The term "tower" shall not include structures that support antennae or similar devices that support or facilitate HAM radio or citizen band communication.

Town home/townhouse means a project of two or more units in one or more multi-unit buildings in which the ownership of the occupancy rights to each dwelling unit and land is individually owned or for sale to an individual.

Use means any continuous or continual occupation or activity, taking place upon a parcel of land.

Use, accessory, means a subordinate building or use, the use of which is incidental to that of the principal building or use on the same lot. Under no circumstances shall an accessory building be used for residential occupancy (i.e., swimming pools and satellite dishes).

Use, special, means a permit issued to authorize development or a particular land use 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.

Use, principal, means a use which is permitted outright in a district for which a building or zoning permit may be issued by the building inspector.

Use, seasonal. A use carried on for only a part of the year. Note: Typical seasonal uses are selling flowers, produce, honey, vegetables, fruits, etc., as well as holiday sales to include pumpkins, trees, wreaths, etc.

Variance means modification of the existing zoning ordinance when strict enforcement of this chapter would cause undue hardship on the property owner because of the unique circumstances of the individual property on which the variance is granted.

Vehicular sales and rental means building, office, and lot for vehicles that are immediately available for sale and/or rental. This includes passenger vehicles, trucks and other motor vehicles. Note: This does not include vehicle services or outdoor storage.

Vehicular services means any building, premise, and land, in which or upon the primary use of land is a business which involves the maintenance or servicing of vehicles, including but not limited to: body shop; service station; garage service; golf cart repair, servicing and used cart sales; car wash; tire sales and mounting; auto detailing; towing service; transmission or muffler shop; and oil/lube servicing. Note: This does not include the storage of junked or abandoned vehicles; outdoor storage; or vehicular sales and rental.

Vested right means a right to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in G.S. 160D 1-8 or under common law.

Yard means an open space on the same lot with a principal building, unoccupied and unobstructed from the ground upward except as otherwise provided in this section.

Yard, front, means the yard between the front setback line and the front property or street right-of-way line extending across the full width or the lot.

Yard, rear, means the yard between the rear line of the principal building and the rear line of the lot extending across the full width of the lot.

Yard, side, means the line between the sideline of the building and the sideline of the lot extending from the building setback line to the rear yard line.

Yard sale means and includes all general sales, open to the public, conducted on a residential property, typically held outdoors at the home of the seller, for the purpose of disposing of personal property. These sales are typically called yard or garage sales. The term "yard sale" does not include a situation where not more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold. Nonprofit exception: A nonprofit organization may conduct such sales of the organization's personal property or donated items, inside or out, from their property.

Zoning certificate of compliance means a certificate issued by the administrative official when a proposal to erect, install or alter a structure, building, sign, or lot fully meets the requirements of the zoning ordinance.

Zoning map amendment or rezoning means an amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes:

(1)

The initial application of zoning when land is added to the territorial jurisdiction to its jurisdiction.

(2)

The application of an overlay zoning district or a conditional zoning district

The term does not include:

(1)

The repeal of a zoning map and adoption of an entire new map for the entire planning and development jurisdiction.

(2)

Updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.

(Code 1977, § 9-4012; Amd. of 2-3-1994; Ord. of 5-3-2001; Ord. of 5-7-2009; Ord. of 12-10-2009; Ord. of 3-11-2010; Ord. of 5-6-2010; Ord. No. ZT-2013-003 , § 1, 9-5-2013; ZT-2013-005 , § 1, 10-3-2013; Ord. No. 2013-2014:006, § 1, 1-9-2014; Ord. No. 2013-2014:008, 3-6-2014; Ord. of 11-20-2014; Ord. No. 2015-2016:003 , § 1, 7-2-2015; Ord. No. 2015-2016:004 , § 1(9-4012), 8-6-2015; Ord. No. 2018-2019-002 , 11-1-2018; Ord. No. 2018-2019-007 , 5-2-2019; Res. No. 2021-2022-001 , 7-1-2021; Ord. No. 2023-2024-002 , 7-6-2023)