Except where specifically defined herein all words used in this UDO shall carry their customary meaning.

(1)

Words used in the present tense include the future; the singular number includes the plural, and, the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "her" includes "she"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is mandatory and not directory; the word "may" is optional; and the word "abut" shall include the phrases "directly across from," "next to" and the word "adjacent."

(2)

The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than entirely exclusive or inclusive designations of, permitted or prohibited uses, activities, establishments or structures.

Access road, principal means an existing or proposed road defined and classified as providing primary access to the Village of Foxfire. The existing "principal access roads" are Hoffman Road, Richmond Road, Foxfire Road, Tie Road, and Jackson Springs Road.

Accessory use or building means a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, such as storage/tool sheds, workshops, studios, guest quarters, greenhouses, pool houses, and other similar enclosed structures.

Acre means, for the purpose of this chapter, is 40,000 square feet.

Administrative decision means decisions made in the implementation, administration, or enforcement of development regulations that involves the determination of facts and the application of objective standards set forth in applicable development regulations; also referred to as "ministerial" decisions or "administrative determinations."

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

Adult care centers means a place where daytime care is provided for six or more handicapped persons or senior citizens unrelated by blood or marriage to, and not legal wards or foster children of the attendant adult within an occupied residence.

Adult, retail means any establishment which sells, rents, leases, distributes, purchases or trades in materials defined according to the G.S., ch. 14, art. 26A, 14-202.10. Said materials shall not include all forms of audio, video, written, and digitized information.

Agriculture/agricultural means a permitted use in certain zoning districts for the growing of crops including but not limited to fruits, vegetables, feed grains, grasses, etc. Does not include livestock operations except as specifically listed under permitted uses.

Alterations, minor means construction that does not require additions or modifications to heating/air conditioning, plumbing system, electrical system or does not change the building structurally.

Alternative structure means a structure which is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted. Alternative structures include, but are not limited to, flagpoles, buildings, silos, water tanks, pole signs, lighting standards, steeples, billboards and electric transmission towers.

Animal care facility means veterinary clinics, hospitals, boarding and training kennels, pounds and similar facilities operated either as commercial facilities or on a non-profit or philanthropic basis.

Animated sign means a sign which utilizes motion of any part by mechanical means or displays flashing, oscillatory or intermittent fights or appears to move due to movement of the viewer.

Antenna means any exterior transmitting or receiving device that radiates or captures electromagnetic waves (excluding radar signals).

Antenna, dual-band/multi-band means an antenna with separate elements for two or more commercial wireless service frequency bands (example: Cellular and PCS or specialized mobile radio).

Apartment means the same as "dwelling unit."

Apartment house means the same as "dwelling, multiple."

Applicant means a developer submitting an application for development.

Attached structure means a structure that shares a common wall and roofline with the main structure.

Auction market means any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.

Automobile repair shop means the same as "motor vehicle repair garage".

Automobile sales agency means a place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.

Automobile service station means the same as "motor vehicle service station."

Banner means a sign having characters, letters or illustrations applied to cloth, paper, or fabric of any kind, with only such material for a backdrop.

Basement means a story partly underground and having more than one-half of its height above the average level of the finished grade at the front of the building.

Best managed practices (BMP) means a structural or nonstructural management practice used together in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.

Bed and breakfast inn means a use, that takes place within a building that prior to such 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 guest. The homeowner shall reside on site and employment shall not exceed two full-time employees, not including the owner(s).

Biannual operating permit means [a] permit required every two years to continue operating a wireless telecommunication facility.

Billboard means a structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or finished at a place other than on the property on which the said sign is located.

Block means a piece of land bounded by physical barriers such as streets, parks, railroad rights-of-way, streams, etc.

Bovine means cows, cattle, buffalo, oxen.

Box sign means a sign, the face of which is enclosed with a box-like structure.

Buffer means a dedicated area of a specified width along a property line or property lines as shown on a site plan or subdivision [of] which [the] purpose is to mitigate the impact of a proposed or existing use on surrounding properties. A buffer shall contain screening.

Buildable area means that central portion of any lot between required yards and/or setback lines.

Building means any structure used or intended for supporting any use or occupancy.

Building, accessory. See Accessory building or use.

Building area means the total of areas of outside dimensions on horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.

Building height means the vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs to the mean height level (between eaves and ridge) for gable and hipped roofs, and to the deck line for mansard roofs.

Building line (setback line) means the line beyond which a building shall not extend unless otherwise provided in this zoning code. Setback lines shall be measured from the property line.

Building, principal means a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a "principal building" on the lot on which it is located.

Build-out means the completed construction of all phases of a development, as allowed by all Ordinances which regulate an area. The scale of build-out can be from a single [structure] to the entire village.

Build-to line means the line at which construction of a building is to occur on a lot.

Building line means the line formed by the facades of buildings, which creates a frame defining the public realm. Respecting building lines means to place walls or landscaping in such a manner as to continue the frame where there is an absence of buildings.

Building permit means a permit obtained from the Moore County Building Inspections Department which sets forth the inspection schedule and construction techniques for a project.

Built-upon area means and shall include that portion of a development project that is covered by impervious or partially impervious cover, including buildings, pavement, gravel roads and driveways, recreation facilities (e.g., tennis courts) etc. Wooden slatted decks and the water area of swimming pools are considered pervious.

Bulk storage means the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

Business office means a business establishment that does not offer a product or merchandise for sale to the public, but which offers a service to the public. However, personal services, such as barber and beauty shop and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."

Cafe. See Restaurants.

Caliper means the measurement of the size in inches of a tree's trunk diameter usually taken between one and four feet above the ground elevation.

Capital improvement means a governmental acquisition of real property or a major construction project.

Carport means a permanent structure attached to the front, rear or sidewall of a main building, having one or more sides open except for customary architectural features. This structure may not occupy any required yard.

Carrying capacity means the amount of traffic which can be accommodated on a street without reducing the service level of the street as defined by the North Carolina Department of Transportation or street design standards of the Foxfire Village Subdivision Regulation. Carrying capacity is determined by the amount of traffic per land per hour.

Certificate of occupancy means a certificate allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this chapter and all other applicable regulations. A certificate of occupancy is required from both Moore County and Foxfire Village.

Cellar means a story wholly or partly underground and having more than one-half of its clear height below the average level of the adjoining ground.

Chapel. See Church.

Childcare centers means a place where daytime care is provided for six or more children, provided that the children are not the legal wards or foster children of the attendant adult within an occupied residence.

Church means a building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this code, the word "church" shall include chapels, congregations, cathedrals, temples, synagogues, and other similar designations, as well as parish houses, convents, and other accessory uses.

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

Co-location means the placement of additional antennas or antenna arrays on an existing or approved wireless telecommunication tower (or alternative structure), the sharing of an antenna or antenna array, or otherwise sharing a common location by two or more FCC licensed providers of personal wireless services. Co-location includes antennas, transmitters, receivers and related electronic equipment, cabling, wiring, equipment enclosures and other support equipment or improvements located on the tower site.

Commercial wireless service provider means persons who operate radio systems requiring an FCC license and who employ those facilities to provide fixed wireless (including microwave) or mobile wireless communication services to third parties for compensation. Commercial wireless service providers include, but are not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and competitive local exchange carriers (CLEC) utilizing point-to-multipoint microwave.

Common open space means an open space area within or related to a site designated as a development and designed and intended for the use, or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.

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

Conservatory means a greenhouse for raising plants.

Conventional means development other than planned development.

Council means all references to council are to the Council of Foxfire Village.

Courtyard means an unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

Covenant(s) means a written agreement recorded with the register of deeds specifying specific requirements and actions regarding a property or properties.

Coverage means the same as "lot coverage."

Curb level means the level of the curb in the front of the center of the building, or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level; and where the building does not join the street, the average level of the proposed grade line of the ground immediately adjacent to the building, as shown on the building plans, shall be considered as the curb level.

Deck means an open structure without a roof, projecting from the front, side or rear wall of a building.

Dedication means a gift by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.

Density means the permitted number of dwelling units per gross acre of land to be developed. See Residential density, gross.

Detached and attached single-family homes means attached housing does not provide an open yard on all sides of the home (perimeter yard). Any group of attached housing containing more than two dwelling units on a single lot is multi-family. Attached housing with each house on its own deeded lot (zero lot line) is not multi-family. Detached housing must have a perimeter yard and be located on a single deeded lot. (Exception: See Temporary structures.) Manufactured housing is not included in this definition.

Detached garage means a roofed and enclosed structure which is detached from the main dwelling and designed to accommodate one or more motor vehicles.

Detached structure means a freestanding structure with no roof or wall connection to the main structure. Utility lines and similar connections are not considered as connections or attachments.

Determination means a written, final and binding order, requirement, or determination regarding an administrative decision.

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

Development means the division of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, any mining, excavation or landfill, and any use or change in use of any building, structure, or land for which permission may be required under this UDO. Any land disturbing activity which adds to or changes the amount of impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the sod.

Development approval means an administrative or quasi-judicial approval that is written and required prior to commencing development or undertaking a specific activity, project, or development proposal; includes, but not limited to, zoning permits, site plan approvals, special use permits, variances, and certificate of appropriateness, plat approvals, permits, development agreements, and building permits.

Development plan, phased means a plan which has been submitted to the zoning officer by a landowner for a phased development which shows the type and intensity of use for a specific parcel or parcels with a lesser degree of certainty than the plan determined by the zoning officer to be a site-specific development plan.

Development plan, site-specific means a plan which has been submitted to the zoning officer by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.

Development regulation means a unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, state building code enforcement, or any other regulation adopted pursuant to this chapter, or a local act or charter that regulates land use or development.

Diameter breast height (DBH) means the diameter of a tree measured in inches at breast height means a standard four and one-half feet above the ground.

Dimensional standards means a development requirement that establishes maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including lot coverage, yard requirements, height, and floor ratio area.

Diner. See Restaurant.

Directional sign means a sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size and other requirements of this code.

Discernible means capable of being distinguished with the eye or mind from its surroundings as a wireless telecommunication tower.

District means any section of Foxfire Village, which is designated on the official zoning map, and to which certain uniform regulations and requirements apply.

Disturbed ground means any area of ground on a site which during construction is dug up, filled, graded, built on or used for storage or parking.

Dog run means a secure area to allow animals to play and perform bodily functions.

Domesticated animals means dogs, cats, or other domesticated animals kept principally as household pets; does not include equine, bovine, fowl, or livestock.

Drainage right-of-way means the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream, pond, lake or other watercourse for preserving the channel, edge, or shoreline and providing for the flow of water to safeguard the environment and the public against flood damage.

Drop line means an imaginary vertical line extending from the outer most portion of the tree canopy to the ground.

Drive-in restaurant means the same as "restaurant, drive-in."

Driveway, private means a roadway serving two or fewer lots, building sites or other divisions of land and not intended for public ingress and egress.

Discharging landfill means a landfill that discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.

Dwelling means any building, structure, manufactured or mobile home or portion thereof used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of article XI of this UDO it does not include any manufactured home, mobile home, or recreational vehicle if used solely for a seasonal vacation purpose.

(1)

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

(2)

Dwelling, primary single-family means a building designed for or containing a single dwelling unit. May also include an attached in-law suite or guest quarters not to exceed 25 percent of the total building area under roof of the main building.

(3)

Reserved.

(4)

Dwelling, two-family (duplex) means a building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.

(5)

Dwelling, multi-family means a building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement and located on a single lot of record.

(6)

Dwelling, efficiency apartment means an apartment including the following separate rooms or a combination thereof: A bathroom with toilet and bath facilities, and a combination living room and bedroom, with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.

(7)

Dwelling, one-bedroom apartment means an apartment including the following separate rooms or a combination thereof: A bathroom with toilet and bath facilities, a bedroom, a kitchen, a dining room, and a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room. No additional room shall be provided except hallways and suitable closet and storage space.

(8)

Dwelling, two-bedroom apartment means an apartment including the following separate rooms or a combination thereof: A bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a kitchen, a dining room, and a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room. No additional room shall be provided except hallways and suitable closet and storage space.

(9)

Dwelling, three-bedroom apartment means an apartment including the following separate rooms or a combination thereof: A bathroom with toilet and bath facilities; a master bedroom; a second bedroom, a third bedroom; a kitchen, a dining room, and a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room. No additional room shall be provided except hallways and suitable closet and storage space.

Easement means a grant by a property owner of land for a specified purpose and use by the public, corporations, or person(s). Includes the right of the village, county, state, water or other utility authority or other public or quasi-public agency or their agents, servants and employees to use the land subject to the "easement" for the purposes specified on the plat or in the document granting the "easement."

Electric distribution towers means metal or wooden towers and poles used to suspend wires transporting electricity between substations at the terminus of transmission lines and individual customer premises.

Electric transmission towers means metal or wooden towers and poles used to suspend wires transporting electricity between generating plants and substations supplying electricity to distribution and feeder lines.

Encroachment means the part of a structure which intrudes into an easement or dedicated right-of-way.

Entertainment use means any establishment which provides active recreational opportunities such as miniature golf, batting cages, carnival games, waterslides, or passive recreation such as movie theaters.

Equine means any horse, miniature horse, pony, mule, jack, donkey or burro.

Equipment enclosures means a building, cabinet or shelter used to house transmitters, receivers, and other electronic equipment and accessories at a wireless telecommunication facility.

Erosion means the detachment and movement of soil or rock fragments by water, wind, ice, and gravity.

Essential services means underground gas, electrical, telephone, cable, or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits and cables, and including normal aboveground appurtenances, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health, safety or general welfare.

Establishment means the primary activity, under one proprietorship, of a parcel or building or a section thereof.

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.

Existing development means those projects that are built or those projects that at a minimum have established a vested right under the North Carolina zoning law as of the effective date of this UDO based on at least one of the following criteria:

(1)

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

(2)

Having an outstanding valid building permit as authorized by the G.S. 160A-385.1, or

(3)

Having an approved site specific or phased development plan as authorized by the G.S. 160A-385.1.

Existing lot (lot of record) means a lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to September 14, 1993, or a lot described by metes and bounds, the description of which has been recorded prior to September 14, 1993.

Extraterritorial planning and zoning jurisdiction (ETJ) means an area outside and surrounding Foxfire Village, extending up to one mile from the municipal boundary, where the village exercises (or may exercise at a future date) planning, zoning, and other subdivision regulations.

FAA means Federal Aviation Administration.

Facades means the vertical surface of a building, which is, set along a building line. The elevation of a facade is the vertical surface area. Facades are subject to visual definition by building height, setback lines, recess lines (a line prescribed for the full width of the facade above which the facade sets back.) The location of a recess line is determined by the desired heights to width ratio of the fronting space or by a desired compatibility with existing buildings), and transition lines (a line prescribed for the full width of the facade expressed by a variation of material or by a limited projection such as a cornice or balcony).

Fall zone means an area around the base of a wireless telecommunication tower is required to be kept clear of buildings, other than equipment enclosures associated with the wireless telecommunication facility, to contain debris in the event of a tower structural failure. A circular radius around the tower that equals the tower's height measures the fall zone.

Family means an individual or two or more persons related by blood, marriage, adoption, or a legally recognized foster or custodial care arrangement, living together as a single housekeeping unit. Such a family may also include not more than two persons who are not related to the other members of the household by blood, marriage, adoption, or a legally recognized foster or custodial care arrangement but who live together with such other members of the household as a single housekeeping unit; or a group of not more than four persons who need not be related by blood, marriage, adoption, or a legally recognized foster or custodial care relationship living together as a single housekeeping unit.

Farm means any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock, poultry or dairy products.

Farm building means any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, and operated in conjunction with and necessary to the operation of a farm.

Farmers market means a commercial business or cooperative gathering primarily for the display and sale of locally grown produce.

FCC means Federal Communications Commission.

Fence means an artificially constructed barrier of wood, masonry, stone, wire, mete or any other manufactured material or combination of materials.

Fence, open means a fence in which two thirds of the area between grade level and the top cross member is open.

Flat roof means the silhouette formed by a roofline. Flat rooflines infer a roof with no pitch. The actual roof structure is required to have a slope for drainage purposes. This is separate from the roofline, which can be stepped or flat in appearance through architectural elements such as cornices, mansards, and parapets, or pitched as with residential homes.

Flood hazard area means the minimum area of the flood plain that, on average, is likely to be flooded once every 100 years (i.e., that has a one percent chance of being flooded each year) as identified by the Federal Insurance Administration on flood hazard area boundary maps of Moore County.

Floor area means the sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the centerline of walls common to two dwelling units or uses. For non-residential uses, "floor areas" shall include basements, cellars, and storage areas.

Floor area ratio means the sum of the area of all floors of a building or structures compared to the total area of the site.

Fowl means feathered animals that normally weigh less than 30 pounds at maturity, such as chickens, hens, turkeys, and ducks.

Frontage means the lot boundary which coincides with a public thoroughfare or space. The facade of a structure facing the street. There are seven ways which a building addresses the street:

(1)

Arcade. The facade overlaps the sidewalk while the shopfront remains setback. This type is excellent for retail use, but only when the sidewalk is fully absorbed so that the pedestrian cannot bypass the colonnade. An easement for public use of private property is required.

(2)

Shopfront. See shopfront.

(3)

Stoop. The facade is aligned directly on the building line with the first floor elevated to secure privacy for the windows. This type is suitable for residential uses such as rowhouses and apartment buildings. An easement may be necessary to accommodate the encroaching stoop.

(4)

Forecourt. The facade sets back and is replaced by a low wall at the building line. The forecourt is suitable for gardens and car drop-offs. It should be used sparingly and in conjunction with [subsections] (a) and (b) above. Trees within the forecourt should be placed to have their canopies overhanging the sidewalks.

(5)

Door-yard. The facade is set back from the building line with an elevated garden or terrace between. This type effectively removes the front yard from the sidewalk and keeps it private. Roofed terraces are suitable for restaurants and cafes.

(6)

Porch and fence. The facade is set back substantially from the building line with an encroaching porch. The porch should be within conversational distance of the sidewalk. The fence at the building line establishes the demarcation of private from public use.

(7)

Front lawn. The facade is set back substantially from the building line. The front lawn should be visually continuous with adjacent yards and should be unfenced. The large setback provides a good buffer from traffic and is an appropriate design for boulevard settings.

Frontage build-out means the portion of lot frontage which has a building or wall running parallel to it.

Functionally equivalent services means FCC-licensed providers of commercial mobile radio services (CMRS) classified as cellular, personal communication services (PCS), paging, specialized mobile radio (SMR) and enhanced specialized mobile radio (ESMR).

Garage, private means an accessory building or shelter or an accessory portion of a principal building used primarily for the storage of motor vehicles, trailers, or other possessions of the occupants of the principal building and in which no business, services, or industry is carried on.

Garage, public means a garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage."

Gas station means the same as Motor vehicle station.

Gated development means a development with secure boundaries and containing one or more controlled entries. The entry may be controlled with a guard or a gate with card or similar device.

Gazebo means a freestanding, roofed, open-sided structure providing a shady resting place.

General commercial use means business and retail establishments providing consumer services and products. See permitted use list for each district.

Golf course means an area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as clubhouse facilities, dining and refreshment facilities, swimming pool, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the "golf course."

Governmental user means federal, state or local governments, or agencies or instrumentalities thereof, volunteer fire departments or rescue squads which operate radio systems (including microwave) requiring an FCC license and which employ those facilities exclusively for intra-governmental or inter-governmental public service, public safety or administrative purposes.

Grade means the slope of a road, street, or other public way, specified as a percentage.

Grade, finished means the completed surfaces of lawns, walks and roads brought to grade.

Greater zoning means an adjoining zoning district that allows less built-upon area per lot.

Gross floor area means [the] same as Floor area.

Ground sign means a self-supporting sign connected to the ground and independent of any other structure.

Group homes means a dwelling, housing four or more handicapped persons, including resident staff who live together as a housekeeping unit. As used herein, "handicapped" shall mean a record of, or being regarded as having, physical or mental impairments that substantially limit one or more of a person's major life activities. This does not include alcohol or drug treatment centers, or work release facilities for convicts or ex-convicts.

Half street means a street whose centerline coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat. Also, an existing street to which the parcel of land to be subdivided abuts on only one side.

Hardscape means hard landscape materials such as brick, stone, and wood that are incorporated into a landscape as opposed to the plantings and horticultural elements; excludes retaining walls which are considered construction.

Hazardous material means any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or section 211 of CWA (oil and hazardous substances).

Heating and cooking fuel means propane, heating oil, or other combustible liquid used for heating and/or cooking.

Heated living area shall be determined using the dimensions to the outside of exterior walls of the heated space.

Health care facility means the facility or institution, whether public or private, engaged principally in providing services for health organizations, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for the sheltered care of adult persons, bioanalytical laboratory or central services facility serving one or more institutions. Specifically excluded are institutions that provide healing solely by prayer and such bioanalytical laboratories that are independently owned and operated and are not owned, operated, managed or controlled by a health care facility.

Highway. See Street.

Home occupation means any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building that is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watch making, electrical and radio repair and carpentry. The retail sale of goods and services in structures designed and altered to make such activities the primary use of the site shall not be construed to be a "home occupation."

Home professional office means any professional office conducted entirely within the dwelling or accessory building to the building that is the bona fide residence of the practitioner.

Hospital means a building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related activities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

Hotel means a building designed for occupancy as the temporary residence for individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.

Impervious cover means all areas covered by buildings, pavement not including un-grouted pavers for sidewalks), gravel, rooftops of stored merchandise, (i.e., cars and manufactured housing displays, even if located on grass surfaces). Wooden slatted decks and pool surfaces are exempt.

Improved street means a street paved in accordance with the standards of this code or NCDOT standards for road construction.

Industrial light assembly means all operations involved in textile manufacturing currently conducted within Foxfire Village, and all industrial processes of less intensity that such operations. No light assembly industrial use shall emit noise or odor which alters or impacts adjacent property or discharges gas or liquid waste into the environment that impacts adjacent property. Light assembly uses shall be conducted indoors and any accompanying storage shall be indoors or screened from all abutting property lines and non-industrial uses.

Interior street means a street or road that is developed wholly or within a parcel under one ownership and meeting all applicable standards of this code.

Inoperative vehicle means any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purposes of this chapter, any vehicle that is registered with the North Carolina Department of Motor Vehicles and has a current North Carolina motor vehicle registration license affixed to it shall not be considered inoperative.

Kennel means any single area containing not more than one animal within a fence not exceeding six feet in height enclosing an area six feet wide and 12 feet long and containing a concrete slab of the same dimensions. A shelter may also be contained within the fenced area.

Land means and includes improvements and fixtures on, above or below the surface.

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

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

Land use segregation means the practice of prohibiting mixed use developments or close proximity of residential and non-residential uses. This is accomplished through zoning standards that emphasize the separation of all uses and the buffering and screening of dissimilar uses from one another. The highly negative impact of such practices is auto dependent designs that demand greater land area coverage to accommodate cars.

Legislative decision means the adoption, amendment, or repeal of a regulation under this unified development ordinance or an applicable local act; 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.

Lessor zoning means an adjoining zoning district that allows more built-upon area per lot.

Life care facility or development means a parcel of land developed as a comprehensive and integrated system, combining independent living accommodation for the elderly with the provision of recreational, social, health care and support services and functions. Intended, for the residents and other users of the facility or development and their guests.

Livestock means animals typically raised for the production of meat, milk, eggs, or fiber, or used for draft or riding purposes, including but not limited to pigs, goats, llamas, alpacas, ostriches, and sheep, but excluding equine, bovine, fowl, and rabbits.

Living quarters means an enclosed heated dwelling containing a sleeping area, kitchen, and a bathroom.

Loading space means an off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.

Lot means a designated parcel, tract, plot, or area of land established by a plat or otherwise permitted by law and to be used or built upon as a unit.

Lot, corner means a lot fronting on two or more streets at their intersection. Corner lots have two front lot lines, two side lot lines, and no rear lot line.

Lot, double frontage means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

Lot, interior means a lot bounded by a street on one side only.

Lot area means the acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot area." Portions of lots encumbered by easements shall be included in calculating "lot area."

Lot coverage means the area of a lot covered by buildings and structures expressed as a percentage of the total lot area.

Lot depth means the shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. In triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front line which is not less than ten feet in length measured between its intersection with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining "lot depth."

Lot frontage means the horizontal distance of lot lines or portions thereof, which are coexistent with a street line.

Lot, irregularly shaped means Lots located at corners or intersections, which create shapes with three sides or with more than four sides and contain corner angles greater or less than 90 degrees. The front yard of such lots shall be determined with respect to adjacent homes, and the maintenance of street vistas.

Lot line means any line designating the extent or boundary of a lot which shall be further defined as follows:

(1)

Front lot line means a lot line or portion thereof which is coexistent with a street line and along which lot frontage is calculated. Corner lots have two front lot lines.

(2)

Rear lot line means the lot line most distant and generally opposite and parallel to the front lot line. Corner lots do not have a "rear lot line."

(3)

Side lot line means any lot line other than a front or rear lot line. Corner lots have two side lot lines.

Lot of record means a lot which is part of a subdivision or plat of which has been recorded in the office of the Register of Deeds of Moore County, or a lot described by metes and bounds, the description of which has been so recorded.

Lot width means the shortest distance between the side lot lines measured through the midpoint of a line parallel to the front line or street line located at a distance from the street line (or front lot line) equal to one-half the required lot depth or one-half the actual lot depth, whichever is less. On corner lots, one front lot line shall be considered a side lot line for the purpose of determining "lot width" only.

Lot of record means a lot which is part of a subdivision, a plot of which has been recorded in the office of the Register of Deeds of Moore County, or a lot described by metes and bounds, the description of which has been so recorded.

Lot, reversed frontage means a lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

Lot, single tier means a lot which backs upon a limited access highway, a railroad, a physical barrier or another type of land use and to which access from the rear is usually prohibited.

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 chapter.

Lot, through means a continuous (through) lot which is accessible from both streets upon which it fronts.

Lunchroom. See Restaurants.

Machine shop means a workshop that is mechanized to size and assemble pieces of machinery.

Maintained easement means a recorded right-of-way, made of crushed gravel or pavement, which is graded and cleared of brush so as to permit access by all vehicles.

Manufactured home means a dwelling unit that: (i) is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and (ii) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (iii) exceeds 40 feet in length and eight feet in width (commonly called a mobile home). A structure as defined in G.S. 143-145(7).

Manufactured home, Class A (commonly referred to as a double or multi-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 size and appearance standards:

(1)

The manufactured home has a length not exceeding four times its width (minimum width shall be 24 feet), 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 square feet of enclosed and heated living area;

(3)

The pitch of the roof of the manufactured home has minimum vertical rise of three and two-tenths feet for each 12 feet of horizontal run (3.2 feet and 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 six-inch minimum (rain gutters may not 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 manufactured home is set up in accordance with the standards set by the North Carolina 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;

(7)

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 platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the North Carolina State Building Code; and

(8)

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

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

Manufactured home, Class B (commonly referred to [as] 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)

The pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each twelve feet of horizontal run;

(4)

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectively 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 North Carolina Department of Insurance and rests upon a continuous uniform foundation enclosure, unpierced except for required ventilation and access. The foundation skirting shall be of a non-combustible 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 by the North Carolina State Building Code; and

(7)

The moving hitch, wheels and axles, and supporting 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 definitional criteria of a Class A or a Class B manufactured home.

Manufacturing means the treatment or processing of raw product, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

Massing means the shape and form buildings assume through architectural design. There are ten architectural design elements that create urban space. A specific project may not need to incorporate all ten elements.

(1)

Building silhouette. Similar pitches and scale to a roofline.

(2)

Spacing between building facades. Setbacks or notches between primary facades that frame the structures.

(3)

Setback from property line. Building setback and/or primary facade setback from property line.

(4)

Proportion of windows, bays, and doorways. Vertical or horizontal elements tied together in bands across facade lengths.

(5)

Proportion of primary facade. Size of facades similar in area and height to width ratios.

(6)

Location and treatment of entryways. Important visual commonality between structures.

(7)

Exterior materials used. Similar materials and treatment add to detail and monumentality of a building.

(8)

Building scale. Similarity of building height and configuration.

(9)

Landscaping. Ties together buildings and defines space.

(10)

Shadow patterns form decorative features. The light and dark surfaces from materials used and projections from window bays and setbacks create visual breaks.

Major variance (watershed protection) means a variance from the minimum statewide water supply watershed protection rules that results in any one or more of the following:

(1)

The relaxation, by a factor of greater than ten percent, any management requirement that takes the form of a numerical standard under the low-density option.

(2)

The relaxation by a factor greater than five percent, of any buffer, density or built-upon area requirement under the high density option.

(3)

Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.

Minor variance (watershed protection) means a variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to five percent of any buffer, density or built-upon requirement under the high density option, or that results in a relaxation, by a factor of up to ten percent, of any management requirement under the low-density option.

Manufactured home (mobile home) means a movable or portable dwelling over 32 feet in length and over eight feet wide, constructed to be towed on its own chassis and designed without a permanent foundation for year-round occupancy, which includes one or more components that can be retracted for towing purposes and subsequently expended for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit.

Modification means the addition, removal, repositioning (other than downtilt adjustments), alteration or other material change in the number or type of antennas employed in a wireless telecommunication facility, changes in the height, size, shape or appearance of wireless telecommunication towers, and increases in the number or size of equipment enclosures or other improvements at an existing or approved wireless telecommunication facility. In habitable structures, any change to the structure, electrical or HVAC which requires a building permit from Moore County.

Monuments means markers placed on or in the land, which are metal pins not less than three-fourths-inch in diameter and 18 inches long or concrete monuments four inches in diameter or square and three feet long.

Motel, motor court, motor hotel means a hotel where each unit has convenient access to a parking space or spaces for the use of the unit's occupants.

Motor vehicle service station means any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories. Such use may include facilities for lubricating, washing or servicing of motor vehicles. Such use shall not include any auto bodywork of any nature.

Municipality means the Village of Foxfire or "Foxfire Village."

Nameplate sign means a sign indicating and name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

Nonconforming structure means a building or structure or portion thereof [which] lawfully exists at the time of enactment of this zoning ordinance that does not conform to the use, height and/or area regulation applicable in the zoning district in which it is located.

Nonconforming lot of record means a lot described by a plat or deed that was recorded prior to the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size of other development requirements of the statewide watershed protection rules.

Nonconforming use means a use of a building or land that does not agree with the requirements of the zoning district in which it is situated, which use was lawfully existing in the village at the time of the enactment of this chapter.

Non-residential development means all development other than residential, agriculture and silviculture.

Nursery means a place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.

Nursery school means a school designed to provide daytime care or instruction of two or more children from two to six years of age, inclusive, and operated on a regular basis.

Nursing home, retirement means a licensed facility that provides supportive services to three or more elderly or disabled adults who need assistance in meeting their day-to-day basic needs.

Occupancy means the specific purpose for which land or a building is used, designed or maintained.

Official map or plans means any maps or plans officially adopted by the village council.

Off-site means located outside the lot lines of the lot in question.

Off-street parking means parking which occurs on a lot and not on a street or other public right-of-way.

Office use means business, professional, service, and governmental occupations within a building or buildings.

On-site means located on lot in question.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such areas may be improved with only those buildings and other improvements that are designed to be incidental to the natural openness of the land.

Open space, unoccupied means an unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area which exceed four feet in width shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as "unoccupied open space."

Overlay district means a special zoning district that applies development standards in addition to the requirements of the conventional or underlying district; used to apply a particular set of development standards to multiple districts.

Owner means a person or single entity who has acquired by disposition fee simple [the] title to any lot, but shall not include [a] person or entity having such an interest merely as security for the performance of an obligation.

Parallel district means a set of provisions that apply to a property as an optional set of standards to the underlying base district provisions. Once chosen, only the provisions of the chosen district apply. Parallel districts may apply to all or portions of a property.

Parking area, private means an open area, other than a street, intended for the same use as a private garage.

Parking area, public means a paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free, or as an accommodation of clients or customers open area, other than a street, intended for the same use as a private garage.

Parking stall (space) means an off-street parking stall provided for the parking of a motor vehicle.

Permitted use means a use permitted by this code.

Patio, atrium, courtyard, zero lot line homes means homes with side, rear, or courtyard yards, as opposed to perimeter yards.

Pedestrian-oriented development means development which accommodates the needs of the pedestrian. Such development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option or choice of not having to use a car to accomplish certain trips, and will provide a variety of interesting and detailed streetscapes which balance the need of the pedestrian and car equally.

Permanent sign means a sign that is made of permanent materials and specific placement is regulated.

Person means any individual, partnership, limited partnership, company, corporation, trust, estate, agency, association or other legal entity and their successors and assignees.

Pick-up coach means a vehicle used to pick up local citizens, take them places and return them to their residence.

Planned unit development means a development approved in accordance with the provisions of article IX, of this UDO.

Planning and development regulation jurisdiction means the geographic area, as defined in G.S. 160D-202, within which a local government may undertake planning and apply the development regulations of the local government.

Planning and zoning board means the Foxfire Village Planning and Zoning Board.

Plat means a map or maps of a subdivision or site plan.

Plot plan means a map of a single residential lot on which is shown the location of all existing and proposed buildings, driveways, building setback lines, utility services, landscaping, drainage facilities, septic field location, and any other information that may be reasonably be required for issuance of a building permit.

Political sign means a sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue for which a public election is scheduled to be held.

Porch(es) means an open structure, with a roof, projecting from the front, side or rear wall of a building.

Premises means a lot or tract of land or any combination thereof held under single ownership or control.

Primary or principal use means the primary or principal purpose for which a building, structure or lot is used.

Private business user means persons who operate radio facilities (including microwave) requiring an FCC license solely for intra-company communications and who do not employ those facilities to offer fixed or mobile wireless communication services to third parties for compensation.

Private road or street means any road or street within a housing project or other planned unit development which is not publicly maintained and is used for access by the occupants of the development, their guests or the general public.

Professional office/profession means the office of a member of a recognized or licensed profession, which shall include but is not limited to the offices of doctors or physicians, dentists, insurance agents, optometrists, ministers, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, authors, attorneys, accountants, real estate brokers and musicians.

Prohibited use means that use which is not specifically allowed or permitted in a particular zone for which the granting of a variance would be necessary in order to provide that use in that particular zone.

Projecting sign means a sign other than a wall sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under a marquee or canopy.

Property means all real property subject to land use regulation by a local government, including any improvements or structures customarily regarded as a part of real property.

Public areas means areas including municipal buildings and grounds, public parks, playgrounds, trails, other recreational areas, public open spaces, scenic and historic sites, schools, and other public buildings, structures, and grounds.

Public drainageway means the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream, lake, pond or other watercourses for preserving the channel or bank and providing for the flow of water to safeguard the public against damage, sedimentation and erosion.

Public open space means an open space area conveyed or otherwise dedicated to the municipality, municipal agency, board of education, county or state agency, or other public body for recreational or conservation uses.

Public sewerage disposal system means a single system of sewerage collection, treatment, and disposal serving two or more dwelling units or other properties which has been approved by the appropriate state agency, as provided by law.

Public water system means any water supply system furnishing potable water to ten or more residences or business, or combination of residences and businesses. Approved by the appropriate state agency, and provided by law.

PUD. See Planned unit development.

Quasi-judicial decision means a decision involving the findings of fact regarding a specific application of development regulation and that requires the exercise of discretion when applying the standards of the regulation; includes, but not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative decisions, and other development approvals where the decision-making board applies, in addition to specific standards, its discretion as to whether the application complies with certain general standards.

Real estate sign means a sign erected by the owner or his agent indicating that the property on which the sign is located is for rent, sale or lease.

Recreation facility, area or park means an area of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features and accommodates such activities.

Recreational vehicle means a travel trailer or self-propelled vehicle, which can operate independent of connection to water, sewer and electric systems. It contains, in addition to sleeping accommodations, water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewerage holding tanks, located within the unit.

Replacement tower means a wireless telecommunication tower intended to replace an existing approved tower where such replacement tower is: (1) at or within 50 feet of the existing tower base, and (2) no higher than the existing tower.

Reservation means a reservation of land that does not involve any transfer or property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.

Residential cluster means an area to be developed as a single entity according to a plan containing residential housing units which have common or public open space area as an appurtenance.

Residential development means buildings for residence such as attached and detached single-family dwellings and single-family cluster dwellings, and their associated outbuildings, such as garages, storage buildings, gazebos, etc., and customary home occupation.

Residential density, gross means the number of dwelling units that may be or are developed per acre of land, including areas used for public access and/or open space.

Residential density, net means the number of dwelling units that may be or are developed per acre of land, exclusive of areas used for public access and/or open space.

Restaurant means any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, play field, park, or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

Restaurant, drive-in means an establishment where the majority of the patrons purchase food, soft drinks, ice cream and similar confections for takeout or consumption on the premises, but outside the confines of the principal building, or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

Resubdivison means the further division or relocation of lot lines within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved according to law, but not including conveyances so as to combine existing lots by deed or by other instrument.

Retaining wall means a structure more than 18 inches high erected between lands of different elevation to protect structures and/or prevent the washing down or erosion of earth from the upper slope level.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, of for other specific use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not include within the dimensions or areas of such lots or parcels.

Roads. See Street(s).

Roof sign means a sign erected or constructed above the eaves, roofline or parapet line of any building.

Room means as applied to multi-family dwellings as may be permitted by this code, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room shall be counted as one-half "room." Baths shall not count as rooms.

Roominghouse. See Boardinghouse.

Screening means any concentration or grouping of trees or shrubbery as may be required by this code.

Secondary use. Same as Accessory use.

Sedimentation means the deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

Semi-attached structure means a freestanding structure connected to the main structure by roof only (covered walkway), with no common wall connection.

Service access means that portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to [provide a] loading or unloading area on the premises to service the building erected or the use conducted thereon.

Setback means the horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

Setback line (building line) means the line beyond which a building shall not extend unless otherwise provided in this code.

Shopping center means an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as: Customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, and having a minimum total floor area of 20,000 square feet.

Shade tree means any large maturing tree that provides a crown width sufficient to shade a minimum of 1,200 square feet.

Shopfront means a business or retail use. The facade of a shopfront is aligned directly on the building line with the entrance at grade. This is typical for sidewalk retail. Shopfronts often have awnings or a colonnade.

Sidewalk or sandwich sign means a moveable sign not secured or attached to the ground.

Sign means a visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, storefronts, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A "sign" may also be described as a street graphic.

Sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area excluding architectural trim and structural members. In computing area, only one side of a double-faced sign shall be considered.

Single-family manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein.

Site means any plot, parcel, piece, or tract of land.

Site 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 area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and 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 and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.

Sketch plan means a preliminary map of subdivision or a site plan having sufficient information and accuracy to be used for preliminary discussion of a proposed development. A "sketch plan" shall not be considered as meeting the requirements of a "subdivision" or "site plan."

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees or other features, poles, stakes or fences or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.

Solar generation facility, utility scale means an installation, sometimes called a solar farm, principally designed and used to capture and convert solar energy into electric or thermal energy primarily for use off-site, such as transmission to the power grid. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems.

Special use permit means 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.

Split-level dwelling means a dwelling divided vertically so that the floor level of rooms in one part is approximately midway between the levels of two successive stories in an adjoining part of the dwelling.

Stormwater runoff means rain that falls onto impervious surfaces and is not absorbed into the ground immediately. Stormwater runoff carries pollutants from paved surfaces into streams and rivers and causes flooding by speeding up the rate of water flow into streams and rivers.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and ceiling next above it. A mezzanine floor shall be counted as a story, if it covers more than one-third of the area of the floor next below it or if the vertical distance from the floor next below to the floor or ceiling next above is 24 feet or more. A basement shall be counted as a story for the purpose of height measurement if its ceiling is over five feet above the level from which the height of the building is measured.

Story, half means a story under a gabled, hipped or gambled roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

Street means:

(1)

Local street. A local street is any link not part of a higher order urban system which serves primarily to provide direct access to abutting land and access to higher systems.

(2)

Major thoroughfares. Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.

(3)

Minor thoroughfares. Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property.

Streets, interconnected means streets that provide through access to other streets. Interconnected means the existence of a grid or grid patterns and includes curvilinear street layouts.

Street line means that line determining the limit of the rights of the public, either existing or contemplated. When the term "street line" is used it is understood to refer to a property line fronting on a street.

Street orientation means the direction of the architectural front facade of a building in relation to the street.

Street visa means a view framed by buildings at the termination of the axis of a thoroughfare.

Street yard means the area of land along the front property line parallel to a right-of-way reserved for tree planting and landscaping.

Structural alteration means any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders.

Structure means anything constructed or erected, including, but not limited to, buildings which require location on the land or attachment to something permanently located on the land.

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

Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition, nor be subject to any regulations enacted pursuant to this section [article]:

(1)

The combination or recombination of portions or previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the village as shown in this section [article].

(2)

This division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

(3)

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

(4)

The division of a tract in single ownership whose entire area is no greater than two acres into not more than two lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as shown in this section [article].

Subdivision, major means any subdivision of land not meeting the definition of a minor subdivision.

Subdivision, minor means any subdivision that involves no new public streets or roads, no right-of-way dedication, no village-owned utility extension, where the entire tract to be subdivided is 100 acres or less in size, and where four or fewer lots result after the subdivision is completed.

Suburban sprawl means the name given to development designed according to segregated land use zoning standards and auto dependent criteria concerning access and parking. The resultant development provides for a low-density landscape of independently designed uses connected by a system of hierarchical streets which do not provide through access. A majority of the land in this model is relegated to street and parking surfaces, and although the building density and population may be low, the amount of usable open space is minimal to none, and traffic congestion is common.

Super graphic means the application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.

Sustainable means having the ability to accommodate and maintain population growth and economic expansion through intelligent design.

Swimming pool means a swimming pool is a structure often of rectangular shape holding a body of water used for swimming.

Swimming pool, commercial means a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.

Swimming pool, private means a swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for profit.

Swimming pool, public means [the] same as Swimming pool, commercial.

Temple See Church.

Temporary facility means a vehicle-mounted or portable wireless telecommunication facility including portable towers, antennas, equipment enclosures, generators and associated electronics, cabling, wiring and hardware.

Temporary sign means a sign that pertains to a specific event or function and/or a sign that is made of temporary materials such as paper, cardboard, corrugated cardboard, thin plastic, cloth or synthetic material or other similar materials.

Temporary structure. A portable structure that is designed to taken to a site and left for a short duration and then moved to another location or storage facility,

Terrace means a natural or artificial embankment between a building and its lot line. The height of the terrace shall be the difference in elevation between the curb level and the top of the terrace at the center of the building wall.

Theater means a structure designed and used for the presentation of motion pictures or stage entertainment.

Time and temperature sign means a sign which indicates actual time and/or current temperature.

Tower base means the foundation, usually concrete, on which the wireless telecommunications tower is situated. For measurement purposes, the tower base is the actual or geometric center of the tower.

Tower height means the vertical distance measured from the tower base to the highest point on a wireless telecommunication tower, including any antennas or other equipment affixed thereto, but excluding any lightning protection rods extending above the tower and attached equipment.

Tower site means the land area which contains, or will contain, a proposed wireless telecommunication tower and related equipment enclosures and other improvements.

Trailer, camping means a folding structure manufactured of metal, wood, canvas and/or other materials mounted on wheels and designed for travel, recreation and vacation use.

Trailer, house means a vehicular, portable structure built upon a wheeled chassis, designed to be towed by a self-propelled vehicle for use as a temporary dwelling for travel, recreation, and vacation uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet in length.

Trailer, travel means any vehicle or structure designed to be transported and intended for human occupancy as a dwelling for short periods of time, such as [a] vehicle containing limited or no kitchen and bathroom facilities.

Tree, large, medium, and small maturing means tree height categories. Large maturing trees grow to a minimum height of 40 feet. Medium maturing trees grow to a minimum height of 20 feet. Small maturing trees grow to a minimum height of ten feet.

Use means the specific purpose, for which a parcel of land or a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Use permitted with conditions means a use permitted in a particular zoning district only upon showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in this code.

Used and new car lots means an open area used primarily for the storage and sale of operative new or used motor vehicles.

Variance means a relaxation of the strict terms of a specific provision of this chapter by the board of adjustment.

Vested right means the right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan.

Vegetative canopy means trees that create a roof-like layer of spreading branches.

Vehicle fuel means gasoline, diesel fuel, or combustible liquid used to power internal combustion engines.

Veterinary clinic or hospital means see "animal care facility."

Village means Foxfire Village.

Visible means capable of being seen by the unaided eye in daylight.

Wall sign means a sign attached to, painted on or erected against a wall or flat vertical surface of a structure that extends not more than 12 inches from the face of the structure.

Watershed means the entire land area contributing surface drainage to a specific point.

Window sign means a sign affixed to a window or visible through that window from the exterior.

Wireless telecommunication facility permit means a permit issued to an individual or entity to install a wireless telecommunication facility and/or to erect a wireless telecommunication tower.

Yard means an open unoccupied space on the same lot with a building and unobstructed from the ground to the sky.

Yard, front means a yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.

Yard, rear means a yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line. A corner lot may not have a rear yard.

Yard, side means a yard between the principal building or attached structure and the adjacent sideline of the lot and extending from the front yard to the rear yard. A corner lot will have two side yards, one on each facing street.

Zoning administrator means the person or official or his authorized representative, whom the village council has designated as its agent for the administration of this chapter.

Zoning permit means written permission, issued by the zoning administrator, for the construction or enlargement of a structure, including signs, or grading or excavation of a site in preparation of construction or for the installation of underground utilities.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2023-08, § 1, 5-9-2023; Ord. No. 2024-05, § 2, 2-13-2024; Ord. No. 2024-18, § 5, 12-10-2024)