INTERPRETATIONS; RULES OF CONSTRUCTION; DEFINITIONS
A.
Each lot and tract located within the territorial jurisdiction of this Ordinance shall be located in one or more zoning districts contained in this Ordinance. The map identifying the location of such zoning district boundaries shall be identified as the "Official Zoning Map." Such map shall contain the signature of the chief elected official and shall be attested by the Clerk. If the Planning Commission or City Council enacts subsequent zoning map changes, such changes shall be made upon the Official Zoning Map. No changes to any zoning district boundaries shall be made on the Official Zoning Map except in conformance with the procedures set forth in this Ordinance.
B.
The Official Zoning Map may be comprised of one or more sheets or digital maps, properly identified as such, which shall be on file with the office of the UDO Administrator. Land within zoning districts on the Official Zoning Map shall be classified with a zoning district designation, which shall supersede any contrary designation on a former Official Zoning Map. Regardless of the existence of any purported copy of the Official Zoning Map, the Official Zoning Map in the UDO Administrator office shall be the final authority as to the current zoning status of a piece of property in accordance with G.S. 160D-105(a). A duplicate copy of the Official Zoning Map shall be located in the office of the City Clerk.
(Ord. No. 21-739, § 1, 6-15-21)
Where uncertainty exists with respect to the boundaries of the zoning districts shown on the Zoning Map, the following rules shall be used to interpret the maps:
A.
Where a map shows a boundary line located within a street or alley right-of-way, railroad or utility line right-of-way, easement, or navigable or non-navigable waterway, it shall be considered to be in the center of the right-of-way, easement, or waterway. If the actual location of such right-of-way, easement, or waterway varies slightly from the location as shown on a map, then the actual location shall control. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.
B.
Where a map shows a boundary line as being located a specific distance from a street line or other physical feature, that distance shall control.
C.
Where a map shows a district boundary to approximately coincide with a property line or city, town, or county border, the property line or city, town, or county border shall be considered to be the district boundary, unless otherwise indicated.
D.
Where a map shows a district boundary not coincide or approximately coincide with any street, alley, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the map.
E.
In instances when a zoning case file contains detailed information regarding the boundary, that information will be used as the correct boundary location.
F.
If it is alleged by any party that an error exists on the zoning maps with respect to any zoning district designation, zoning district boundary, special use permit or conditional district boundary, historical district boundary, the lines showing the effective dates of zoning enactment or any other matter with respect to the provisions of this Ordinance relating to zoning information, the party may request a review of the alleged error by the Board of Adjustment.
G.
Reserved.
H.
Whenever a single lot is located within two (2) or more different zoning districts. Each portion of that lot shall be subject to the regulations applicable to the district in which it is located.
A.
Whenever any requirement of this Ordinance results in a fraction of a unit, a fraction of a half or more will be rounded up to the next whole unit and a fraction of less than a half will be disregarded. Whenever a density calculation for a lot of record existing prior to January 21, 1997 results in less than one dwelling unit being permitted, the fractional requirement will be disregarded and one dwelling unit will be permitted.
B.
Distance separations for various uses are required for many uses in this Ordinance. Unless otherwise specified, the following rules shall apply in determining such measurements.
1.
Measurements shall be made from lot line to lot line (rather than from the edge of a building footprint).
2.
Measurements shall be made using the shortest straight-line distance (i.e., "as the crow flies") between lots.
This Ordinance contains numerous graphics, pictures, illustrations and drawings. However, in case of conflict between the text and a graphic, picture, illustration or drawing or any other depiction, the text shall control.
A.
Where the provisions of this Ordinance are inconsistent with those of the state or federal government, the more restrictive provisions govern, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
B.
Where the provisions of this Ordinance are inconsistent with one another, or are in conflict with provisions found in other adopted Ordinances or regulations adopted by the City of Gastonia, the more restrictive provisions shall govern. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
C.
This Ordinance is not intended to interfere with, abrogate, or annul any deed restriction or other agreement between private parties. The City of Gastonia and its staff shall not enforce any such private agreements.
A.
The following rules shall be followed in interpreting words and terms used in this Ordinance.
1.
Words used in the present tense include the future tense.
2.
Any reference to any section shall mean a section of this Ordinance, unless otherwise specified.
3.
The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.
4.
The word "lot" includes the word "plot" or "parcel."
5.
The words "must" or "shall" are always mandatory and not merely directory.
6.
The word "may" is permissive in nature, except when the context of the particular use is negative. In such case it is mandatory.
7.
Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.
8.
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
9.
The word "Zoning Map", or "Gastonia Zoning Map", or "Official Zoning Map" shall mean the Official Zoning Map of Gastonia, North Carolina.
10.
Any word denoting gender includes the female and the male.
11.
The term "City Council" shall mean the "City Council of Gastonia, North Carolina."
12.
The term "Planning Commission" shall mean the "Planning Commission of Gastonia, North Carolina."
13.
The term "Board of Adjustment" shall mean the "Board of Adjustment of Gastonia, North Carolina (enter name of community)."
14.
The terms "Zoning Administrator", "UDO Administrator", "Subdivision Administrator" or "Administrator", shall refer the person(s) administrating said Ordinance.
15.
The term "Street" shall mean "Road."
16.
The term "City" shall mean City of Gastonia.
(Ord. No. 21-739, § 1, 6-15-21)
A.
A list of definitions of terms, phrases and words used in this Ordinance follows. Other terms that are defined elsewhere in this Ordinance are found in Chapter 7 (FH Flood Hazard Overlay District) and Chapter 5 (Vested Rights). Terms that are specifically defined in this Ordinance outside of Section 2.7 shall apply solely to the Sections or Chapters as so indicated. Definitions of Terms found in Section 2.7 shall otherwise be applicable throughout the Ordinance.
B.
Words not specifically defined in this Ordinance shall be defined by reference in the following order: first, the most recently adopted version of the State Building Code; second, the Merriam-Webster Online Dictionary; and third, the American Collegiate Dictionary. The Administrator shall make the interpretation if not found in the above references.
The list of terms defined in this Ordinance and shown in Table 2.7-1 is as follows:
The list of terms defined in this Ordinance and shown in Table 2.7-1 is as follows:
| TABLE 2.7-1—DEFINED TERMS | |
|---|---|
| Term | Definition |
| ABC Store | A retail establishment at which liquors are sold to the general public and which is run under the auspices of the local alcohol and beverage control (ABC) board. |
| Abandoned Use | A use becomes an abandoned use when it is discontinued for a continuous period of one year or more or when the premise on which it is located is devoted to another use. |
| Abutting (Property (ies)) | See "Adjacent Property" |
| Active Construction | On-site activities such as installation, erection, fabrication, alteration, demolition or removal of structures, facilities, or additions that contribute directly to the completion of improvements contemplated or shown on construction plans. |
| Adjacent (Property (ies)) | One or more lots or tracts that abut or touch and having a boundary, or portion thereof, which is contiguous to the lot in question. Such determination shall be made by extending the exterior lot lines of the lot in question to adjacent lots and/or adjacent roads, streams, easements or rights-of-way. The term "adjacent" or "adjacent property" shall also mean "contiguous" or "contiguous property," "abutting" or "abutting property," "adjacent or adjacent property." An example of how this definition is to be applied is shown below: |
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| Adjoining (Property (ies)) | See "Adjacent Property" |
| Administrator | See "Administrator, Unified Development Ordinance" |
| Administrator, Unified Development Ordinance | A person (or their designee) and any other officials designated by the City Manager for the administration of this Ordinance. Such person(s) may also be referred to as the "Administrator." |
| Adult Establishment | Any structure or use of land that meets the definition of "Adult Establishment" as outlined in G.S. 14-202.10 and includes, but is not limited to adult video stores and adult hotels. |
| Adult Hotel | A hotel, motel, or similar establishment that: |
| (1) Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes; or | |
| (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or | |
| (3) Allows a tenant or occupant of a sleeping room to sub-rent a sleeping room for a period of time that is less than ten (10) hours. | |
| Agricultural Use | The commercial production of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; rheas, ostrich, emu, livestock, including beef cattle, sheep, swine, llamas, horses, ponies, (NOTE: Horses and ponies must be raised commercially on a horse farm for the purpose of sale to qualify as an "agricultural use" and are distinct from riding stables or boarding facilities, which do not quality as an "agricultural use"), mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts; vegetables; nursery, floral and ornamental products; or lands devoted to a soil conservation or forestry management program. In addition, an "agricultural use" shall also include land used as pasture or in the commercial production of fish hatcheries or aquaculture. |
| An "agricultural use" shall also include the keeping of livestock for commercial or noncommercial purposes. Livestock includes but is not limited to: poultry and hoofed animals such as cattle, horses, swine, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. Not included in this definition are the commercial slaughtering of animals for marketing and farm tenant dwellings. Other uses which shall not be deemed as "agricultural uses" include zoos and kennels. | |
| For the purposes of this Ordinance, "agricultural uses" are divided into three (3) classes: | |
| • Agricultural Uses, Class I. The growing of all agricultural and horticultural products (e.g., corn, soybeans, cotton) except nurseries and commercial greenhouses. | |
| • Agricultural Uses, Class II. Riding academies, riding corrals and tracks, and boarding stables; any other animal husbandry except that listed herein as a Class III use. Hog parlors, however, shall not be considered a Class II use. | |
| • Agricultural Uses, Class III. Dairy barns; high-density cattle pens; stock yards; poultry houses; manure storage, hog and rabbit meat production centers on ten (10) acre minimum tracts. | |
| Airport | A facility where aircraft can land and take off on a recurring basis and which is equipped with hangers, refueling facilities and/or repair facilities. |
| Airstrip | An area of land or water that is designed or used on a recurring basis for the landing and takeoff of aircraft, ultra lights, model airplanes or other flying apparatus excluding hot air balloons and which does not contain hangers, refueling facilities or repair facilities. |
| Alley | Any public way or private way that is not defined as a street serving more than two (2) buildings and being equal or less than fifty (50) feet in width. |
| Alteration | A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use. |
| Amusement and Sporting Facility, Indoor | A for-profit commercial facility providing entertainment or games of skill activities to the general public for a fee and that is wholly enclosed in a building. This shall include, but not be limited to: a bowling alley, indoor paintball facility and movie theatre. This definition does not include game rooms. |
| Amusement and Sporting Facility, Outdoor | A for-profit commercial facility providing recreational activities outside of an enclosed building and requiring minimal modifications to the existing setting. Typical uses include: miniature golf, golf driving range, batting cage, skate parks, rock climbing walls and similar uses, but does not include a stadium, paintball, race tracks, outdoor firing ranges, amusement parks, or go karts. |
| Animal Hospital (Indoor) | A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. All facilities associated with an animal hospital shall be located indoors. |
| Animal Hospital (With Outdoor Kennel) | A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. Facilities may be located outdoors and may include but not be limited to: kennels and training/ exercise areas. |
| Animal Kennel | A place where more than six (6) dogs or other domesticated animals are groomed, bred, boarded, trained, kept or sold either as a principal use or accessory to a residential use. |
| Animal Shelter | See "Animal Kennel" |
| Antenna | Any system of wires, poles, rods, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building. |
| Antenna, Amateur Radio | An antenna owned and utilized by a FCC-licensed amateur radio operator. |
| Apartment | A room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family and is located in a building that contains two (2) or more such rooms or suites. |
| Appeal | An appeal to the Board of Adjustment where it is alleged that there is error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance. |
| Art Gallery | A commercial establishment where individual pieces of art are sold to the general public on a retail basis. Works of art may also occasionally be sold on an auction basis at such an establishment. |
| Arterial, Minor | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). Roads designated as "minor thoroughfares" shall also be classified as "minor arterials" for purposes of this Ordinance. |
| Arterial, Principal | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). Roads designated as "major thoroughfares" shall also be classified as "principal arterials" for purposes of this Ordinance. |
| Assisted Living Center | An institution licensed by the state as an "assisted living residence" and which provides, at a minimum, one meal a day, housekeeping service and personal care services to seven (7) or more aged or disabled residents. |
| ATM | See "Automatic Teller Machine" |
| Auction Gallery | An establishment which specializes in the display, auctioning, and sale of items such as paintings, jewelry, decorative arts, smaller craft items, home furnishings, and fine arts. |
| Auction House | A facility that is used for the purpose of having auctions on a regularly established basis. Auctions may be held indoors or outdoors. |
| Audio Visual Producing and Recording Service | A business, which provides a service of producing recorded audio and video materials or motion pictures for artistic, advertising, sales, documentary or educational purposes. Such facilities generally involve small studios with production equipment but are not involved with the mass production of audio-video tapes, laser discs and similar media for sales or distribution purposes, nor involved with the production of motion pictures involving large on-site sound stage filming facilities. |
| Auditorium/Assembly Hall/Amphitheatre | A structure or facility designed, intended, or used primarily for outside and/or inside performing art events or other spectator events and contains seating for spectators of those events. The sale of beverages, snack foods, and sundries geared to on-premise consumption or usage by spectators shall be permitted. |
| Automated Teller Machine (ATM) | An automated device that performs banking or financial functions at a location outside of or remote from the controlling financial institution. Such facility may also be referred to as an "ATM." |
| Automobile Body Shop | Any building, premises and land in which or upon which a business is conducted that primarily involves the painting of vehicles or external repairing of damaged vehicles. |
| Automobile Club | An establishment which contracts out emergency auto services (e.g., fixing of flat tires, opening locked doors) to members through a network of independent automobile service stations. On-premise services including the sale of travelers checks, travel guides, and travel agency services, may also be provided to club members and the general public. |
| Automobile Detail Shop | An establishment engaged in the hand cleaning and waxing of automobiles. Such activities may take place indoors and outdoors. Such establishments are distinguished from "car washes" in that there is no automated equipment involved with the cleaning or waxing the vehicles. No more than three (3) cars can be stored on-site overnight. |
| Automobile Reconditioning Shop | An establishment that contracts with automobile dealers or other agencies to recondition vehicles. Reconditioning may include minor automobile repairs, bodywork, and painting, in addition to cleaning and waxing. Such activities may take place indoors and outdoors. |
| Automobile Hobbyist | The use of a structure or building for storing and restoring automobiles for hobby purposes, with no automobile-related commercial or sales activity taking place. All vehicles shall be titled to the tenant of the building and all automobile restoration and repair shall be done indoors. |
| Automobile Parts and Supply Store | A retail establishment engaged in the selling of automobile and automotive parts, supplies, and accessories. The sale of automotive fuels (in pumps) and on-site repair and maintenance of vehicles shall be prohibited. |
| Automobile Repair Shop | A commercial establishment whose primary purpose involves the maintenance and servicing of vehicles. "Auto body work" (i.e., work normally associated with an "automobile body shop") may not be performed on premises unless the zoning district in which the use is located allows an "automobile body shop." The sale of automotive fuels and accessory automobile parts to the public may be provided on an accessory basis. Notwithstanding, an "automobile repair shop" is differentiated from an "auto parts store" in that the sale of automotive parts is not the primary service being offered. |
| Automobile Service Station | A use where vehicular fuels are sold at the retail level and where the installation of automotive items such as lubricants, tubes, batteries and similar accessories takes place and where minor automobile repair and maintenance work is conducted. Vehicle repair services (except for paint and body work) may be conducted on premises. Not more than one automatic car wash may be provided on site so long as the car wash meets all of the criteria in that zoning district for an "Automatic Car Wash." Such use shall be distinguished from a "convenience store" given that the primary product for sale is automotive fuel and not food and sundry items. |
| Automobile Towing and Wrecker Service | An establishment primarily engaged in the towing of motor vehicles and vehicular storage associated with vehicle accidents and violations. This shall not include vehicular salvaging operations or the sale of salvaged vehicular parts. This use is not to be construed as a junkyard and salvage yard. An "Automobile Towing and Wrecker Service" may be part of an "Automobile Body Shop" in zoning districts where an "Automobile Body Shop" is allowed. |
| Automobile Towing and Wrecker Service, Adjunct | A type of towing which is co-located with a full service franchise automobile new and used car dealership or an automobile body shop (herein referred to as the host use), that is owned and managed independent of the host use, and which ceases operation on the site in the event that the host use ceases operation at the site. |
| Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental | Any building, premises, and land, in which or upon the primary use of land is a business that involves the maintenance, servicing or sale of new or used automobiles, boats, heavy equipment and/or manufactured homes. This may also include light trucks (i.e. trucks weighing less than two and one-half (2.5) tons) or vans, trailers, or recreation vehicles. Also included in this definition is vehicle leasing, rental, parking service, preparation or repair work conducted as an accessory use. Notwithstanding the above, any premise upon which there is a regular sale of three (3) or more boats, vehicles, etc. shall be considered an "Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental" establishment. |
| Awning | A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not to include a canopy. |
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| Bail Bond | An office that engages in the sale or issuance of bail bonds or other financial transfers for the purpose of securing the release from jail of an accused defendant pending trial. |
| Bank | See "Financial Institution" |
| Banner | A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations. |
| Bay Window | A window or series of windows forming a bay or recess in a room and projecting outward from the wall. |
| Beacon | Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move. |
| Bed and Breakfast Inn | A use that (i) takes place within a building that prior to such establishment, was designed and used as a single-family residence, (ii) that consists of renting one or more dwelling rooms on a daily basis to tourist, vacationers and similar transients, (iii) where the provision of meals, if provision of meals is made, is limited to the breakfast meal, and is available only to guests, and (iv) where the bed and breakfast operation is conducted primarily by persons who reside in the dwelling unit, with the assistance of not more than the equivalent of one full-time employee. The maximum number of rooms available for rent shall be five (5); the maximum length of stay shall be fourteen (14) consecutive days. |
| Berm | Any elongated earthen mound designed or constructed on a site to separate, screen or buffer adjacent land uses. |
| Billboard | See "Sign, Off-premise Advertising" |
| Billiard Parlor | A business establishment open to the public whose primary source of income is from billiards. |
| Blood Plasma Facility | A facility where human blood plasma is collected from donors who may receive monetary compensation for the donation of their blood plasma. |
| Body Piercing Establishment | See "Tattoo Parlor/Body Piercing Establishment" |
| Botanical Garden | A facility owned by a public or private nonprofit entity containing at least ten (10) acres of land that is primarily used for the public display and conservation of plants and related botanical education and research purposes. Such facility may also include the following facilities: conservatories; greenhouses; plant maintenance and propagation facilities; visitor centers; museums; education and research facilities; trails; boat touring and mooring facilities; bird, insect and waterlife observation facilities; living farm museums; petting zoos; concession facilities including meeting rooms, eating establishments, lodging and gift shops; and permanent housing for caretakers and other on-site employees. |
| Boundary Structure | A brick, stone, stucco or other decorative masonry, wooden, iron or vinyl clad metal fence, excluding chain link and wire fences, constructed entirely or partially around a single-family subdivision, a multifamily or multi-tenant development. Such walls or fences, regardless of their length, also include structures constructed as a signature entrance to a single-family subdivision, a multifamily complex or an office, business or retail complex. |
| Brew Pub | A commercial establishment which meets the definitions of a restaurant under the requirements of this Ordinance and North Carolina ABC laws, which establishes a minimum percentage of sales of food; and which brews beer and malt beverages primarily for the purposes of on premises consumption. |
| Breweries (including micro breweries and cideries) | An establishment, whether as a principal or accessory use, where beer is made on premises for in-house consumption and may be sold at wholesale or retail off premises. |
| Building | Any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. |
| Building, Accessory | See "Structure, Accessory" |
| Building Elevation | The view of any building or other structure from any one of four (4) sides showing features such as construction materials, design, height, dimensions, windows, doors, other architectural features, and the relationship of grade to floor level. |
| Building Face | The dominant structural feature of the elevation of any side of a building. |
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| Building Footprint | The outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof. |
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| Building Height | 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, a mansard roof, or a gable, hip or gambrel roof. Roof appurtenances such as skylights; roof structures for elevators; stairways; tanks; heating, ventilating and air conditioning equipment; or similar operating and/or maintenance equipment shall be excluded from this measurement. In computing the height of a building, the height of a basement, if below the grade from which the height is measured, shall not be included. |
| Building Materials and Lumber Sales | An establishment where lumber and building materials goods are the primary products sold. |
| Building Setback Line | A line establishing the minimum allowable distance between the nearest portion of any building (or any attached appurtenance thereof), and the nearest edge of the street right-of-way when measured perpendicular thereto. |
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| Building Permit | An official document issued by the City of Gastonia pursuant to this Ordinance and the State building code that authorizes the erection, construction, reconstruction, restoration, alteration, enlargement, conversion, remodeling, demolition, moving, or repair of a building or structure. |
| Building, Principal | A building in which is conducted the principal use of the lot on which it is situated. A multi-occupant property may have more than one principal building. |
| Bulletin Board | A board for posting notices that are designed to be read by pedestrians. |
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| Bus or Train Terminal, Passenger | Any premises for the transient housing or parking of inter-city motor-driven buses (e.g., Greyhound, Trailways) and the loading and unloading of passengers going on such bus trips. Refer to "transit station" for facilities designed to accommodate intra-city transit services. |
| Business Incubation Facility | A facility for the operation of multiple individual businesses (minimum of three (3) tenants) involved with office, service and light manufacturing activities, typically with flexible space to allow growth of the business and the intention of temporary accommodations. Retail sales at the site to the public is generally not an activity involved in these facilities. Common support (secretaries and equipment, etc.) may be shared. |
| Business Services | The provision of services required for the day-to-day operation of a business such as, but not limited to, consulting service, photocopy or office supply. Such stores may have extended operating hours. |
| Caliper | A horticultural method of measuring the diameter of a tree trunk for the purpose of size grading. The caliper of the trunk is measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, twelve (12) inches above the ground for trees greater than four (4) inches up to twelve (12) inches in diameter, and at breast height (four and one-half (4.5) feet) for trees greater than twelve (12) inches in diameter. |
| Camping and Recreational Vehicle Park | Land containing two (2) or more campsites which are located, established, or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles, or travel trailers which are used for recreation, vacation purposes or temporary housing for construction or farm workers. Occupancy for recreation or vacation purposes shall be limited to individual stays of no greater than thirty (30) days and occupancy for temporary housing shall be limited to individual stays of no greater than one hundred eighty (180) days. |
| Canopy | A permanent structure other than an awning made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy shall not be considered as being a completely enclosed structure. |
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| Car Wash, Automatic Class I | A parcel of land whose principal use is a facility for washing automobiles using a chain conveyor or other method of moving cars along, or moving an automatic washing device along, and automatic application of cleaner, brushes, rinse-water and heat for drying. Accessory self-vacuuming facilities shall be allowed. The retail sale of fuels may also be provided in an accessory capacity. |
| Car Wash, Automatic Class II | A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done using a combination of automatic washing devices and manual labor provided by the commercial establishment. |
| Car Wash, Self Service | A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done manually by the customer (i.e., the use of fully automated devices which move the vehicle through a washing device shall not be permitted). Accessory self-vacuuming facilities shall be allowed. |
| Cemetery/Columbarium | Property used for the interment of the dead, which use may include the commercial sale and location of burial lots, crypts, or vaults for use exclusively on the subject property. A cemetery shall not be used for the preparation or embalming of bodies or the cremation of bodies. Setback for cemeteries shall be measured from the nearest structure or gravesite. This definition shall be construed to include bona fide pet cemeteries. A cemetery may also include a columbarium. |
| Certificate of Compliance | A statement, signed by the Administrator, setting forth that a building, structure or use complies with this Ordinance. |
| Certificate of Occupancy | A document issued by the proper authority 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 all applicable building codes and regulations. |
| Changeable Copy | The display area of a sign where characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign. |
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| Charitable Relief Organization | An establishment engaged in the giving of foods, goods, financial assistance, or grants, or offering services or programs on a benevolent, nonprofit basis. |
| Category I - General office functions related to the administration and management of a charitable organization. Counseling and professional services (such as legal and medical) as part of the mission of the charitable organization are also permissible. | |
| Category II - Collection and/or distribution of goods to target populations such as clothing and unprepared foods. Foods distributed are for preparation and consumption off-premise (for example, food banks). Category I activities are permissible in Class II. | |
| Category III - Direct delivery of goods and services to target populations to include on-premise prepared and served meals (for example, soup kitchens), access to bathroom facilities (including showers). Counseling services as part of the mission of the charitable organization are also permissible. Class III charitable organizations shall not include accommodations for overnight stays. Category I & Category II activities are permissible in Category III. | |
| Check Cashing Establishment | A business engaged in cashing checks for the general public as an element of its operation that exceeds fifty (50) percent of its gross revenue and is not licensed by the appropriate state or federal agencies as a bank, savings and loan, or credit union. Primary signage associated with a business that includes the phrase "check cashing" will be considered prima facie evidence that the business is a check cashing business. |
| Child Care Center | A child care arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care |
| Child Care Center, Located in a Residence (CLIR) | A child care arrangement located in a residence and licensed for 3 - 12 children unless space limits the number as determined by the North Carolina Department of Health and Human Services. |
| Child Care Facility | Includes child care centers, family child care homes, and any other child care arrangement not excluded by G.S. 110-86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit. |
| Church/Place of Worship | A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services whose site may include an accessory area for the interment of the dead. Certain customary accessory uses shall be allowed to take place on church premises. These include bookshops, recreation centers, outdoor playing fields, youth facilities, parsonage, cemetery, food pantry, and certain types of day care centers and schools. The overnight lodging of transient persons shall not be considered as a customary accessory use. Such accessory uses shall be subject to any applicable supplemental regulations located elsewhere in this Ordinance. |
| Close | As used for transportation/land use purposes, a small square or rectangular space providing road access to several adjacent lots. Such area is landscaped with grass and may contain benches. |
| College/University | A private or public educational institution where students attend to earn associates, baccalaureate, masters or doctoral degrees. A college/university shall not be considered a "vocational school" or a "school for the arts." |
| Co-location | The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures. |
| Commercial Message | Any sign, wording, logo or other representation, that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity. |
| Commercial Services | A business offering personal retail services including but not limited to dry cleaning (outlets), shoe repair, key making, tailoring and alterations. |
| Commercial Zoning District | Refer to "Zoning District, Commercial" |
| Common Open Space | Land and/or water areas within the site designated for a particular development, not individually owned or dedicated for public use, which are designed and intended for the common use or enjoyment of the residents of the development but not including any lands occupied by streets, street rights-of-way, or off-street parking. |
| Common Open Space, Improved | Common open space which has been improved with recreational areas and amenities such as, but not limited to, ballfields, tennis courts, swimming pools, nature trails, clubhouses, etc. |
| Communication Tower | A tower facility, including, but not limited to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are under one hundred (100) feet in height and that, at a height of fifty (50) feet above the base, have a maximum horizontal measurement of eighteen (18) inches; nor, shall it include any tower erected by a public authority for public safety or emergency services communication purposes. This term shall not include small wireless facilities or micro wireless facilities as those terms are defined in Section 9.15.1 of this UDO. |
| Communication Tower, combined | A communication tower (as defined in section 17-55) which meets each of the following criteria: |
| (1) The tower is designed to accommodate at least two (2) wireless telephone providers. | |
| (2) The tower is designed to accommodate a third user, which may either be a city public safety communication transmitter/receiver or a third wireless telephone provider. If a city public safety communications transmitter and/or receiver is proposed to be the "third user" and the tower will be owned by an entity other than the city, there shall be a written agreement, executed prior to issuance of a zoning permit, between the city and the tower owner to allow public safety communications use of the tower at no cost to the city. As used herein, the term "designed to accommodate" shall mean that only one wireless telephone provider need occupy the tower immediately following construction; other users may occupy the tower at a future time but the tower owner at the time of construction must submit statements certified to by licensed structural and radio frequency engineers that the tower will accommodate other wireless telephone providers in terms of strength, placement, and spacing between antennae. Only one wireless telephone provider need initiate use of the tower. | |
| (3) The tower shall be located on property owned by the city. | |
| (4) The tower may be owned by a wireless telephone service licensee of the Federal Communications Commission, the city, or by a third party tower provider. | |
| Community Center | A building used for recreational, social, educational and cultural activities owned and operated by a public or nonprofit group or agency. |
| Conference Center/ Meeting Facility | A facility designed for public assembly and used for conventions, conferences, seminars, product displays, recreational activities, and entertainment functions, along with accessory functions including food and beverage preparation and service for on-premise consumption. |
| Comprehensive Plan | A plan, formally adopted by the local governing board, that includes policy statements, goals and objectives, maps and statistical data for the physical and economic development of the community. |
| Construction | The act of adding an addition to an existing building or structure, or the erection of a new principal or accessory building or structure on a lot; or the addition of walls, driveways, or parking lots, or the addition of appurtenances to a building or structure. |
| Construction Trailer (temporary use) | A structure standing on wheels towed or hauled by another vehicle and used for neither overnight nor year-round occupancy at a construction site on a temporary basis for office and/or storage purposes. |
| Contiguous (Property(ies)) | See "Adjacent Property" |
| Continuing Care Facility | A residential complex that contains a variety of living facilities that may include independent living units (i.e., apartments, condominiums, cottages), assisted living (domiciliary care) facilities and/or nursing home beds. Residents of such a facility may either pay rent or purchase their living quarters. If the unit is occupant-owned, the unit normally reverts to the development owner upon the death of the resident or to a surviving spouse. |
| Contractors' Storage and Equipment Yard | A place where construction equipment used by building contractors is externally stored. |
| Convenience Store | A retail store that is designed and stocked to sell primarily food (packaged and/or prepared), beverages, and other household supplies to customers who purchase relatively few items (in contrast to a "grocery store"). Unlike a "convenience store - fuel mart," a "convenience store" as defined herein does not include fuel sales. |
| Convenience Store - Fuel Mart | A retail store that is designed and stocked to sell primarily fuel, food (packaged and/or prepared), beverages, and other household supplies to customers who purchase relatively few items (in contrast to a "grocery store"). A "convenience store - fuel mart" is designed to attract and depends upon a large volume of stop-and-go traffic. |
| Correctional Facility, Class 1 | A facility operated by Gaston County (or a private contractor thereof) used for the temporary incarceration of persons after arrest or pending hearing or trial or for the incarceration and or housing of persons serving sentences. Such sentences are generally shorter than those assigned to state institutions and may involve work release or other types of overnight and/or weekend-only incarceration in the facility. |
| Correctional Facility, Class 2 | A facility operated by a governmental entity (or a private contractor thereof) used primarily for the incarceration or housing of persons serving criminal sentences. State prisons, prison camps, and penitentiaries are examples of such a facility. |
| Country Club | A land area and buildings containing recreational facilities, clubhouses and usual accessory uses, open to members and their guests that is privately operated. Uses at a country club frequently include golf courses, swimming pools (outdoors), and clubhouses. Meal service may be available, but is generally limited to members and their guests. A country club may be developed as a freestanding entity or as part of a residential community or planned residential development. |
| Craft Studio | An establishment where works of art are individually created on premises by no more than five (5) artisans and which are sold at the same location to the general public. Artisans shall include sculptors, painters, sketch artists, potters, wood and leather craftsmen, glass blowers, weavers, silversmiths, designers or ornamental and precious jewelry, screen printers, and airbrushes. |
| Crematorium | A facility whose primary function is for the cremation of human bodies or animals. |
| Cul-de-sac | Any street having only one outlet for vehicular traffic. |
| Damaged, Wrecked, Dismantled or Inoperative Vehicle | Any vehicle that, upon demand, cannot be started and moved under its own power or any vehicle that is otherwise damaged to such an extent that it cannot be operated safely upon a public roadway, regardless of licensing status; or regardless of operability, any vehicle that is missing or has damaged to the extent requiring replacement, more than one major body component. |
| Deck | A structure without a roof, either freestanding or attached to a building, which is supported by posts or pillars. |
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| Density Credit | The potential for the improvement or subdivision of part or all of a parcel of real property, to an intensity or degree that otherwise is not allowed in the underlying zoning district. Such ability to improve or develop the property is based on the dedication of land for transportation improvement purposes in exchange for the ability to develop the property to this greater standard. |
| Density, Gross | A ratio expressed as the number of dwelling units per gross acre. The ratio is derived by dividing the total number of dwelling units by the total land area of the parcel(s) to be developed. |
| Determination | A written, final, and binding order, requirement, or determination regarding an administrative decision. |
| Developer | 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 |
Any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by this Ordinance. |
| Development Approval | An administrative or quasi-judicial approval made pursuant to this Ordinance 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 Ordinance, including plat approvals, permits issued, development agreements entered into, and building permits issued. |
| Development, Multi- Family | A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements that is planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such development shall consist of two (2) or more duplex buildings, or three (3) or more dwelling units sharing one or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area. |
| Diameter at Breast Height | The measurement of the diameter of a tree trunk over twelve (12) inches in diameter taken at a height of four and one-half (4.5) feet above the ground. |
| Display of Goods, Outdoors | The display and sale of products outside of a building or structure including garden supplies, clothing, toys, play equipment, agricultural products, building and landscape materials, food and beverages. |
| Distillery (including micro distillery) | An establishment, whether as principal or accessory use, which manufactures or produces distilled spirits. |
| Distribution/Wholesale/Storage Operation | A storage center or industrial space designed to house inventory in bulk and where goods are received and/or stored for delivery. |
| Distribution/Wholesale/Storage Operation, Planned Development | A development that may be one or more principal structures on one or more lots that consists of storage centers or industrial spaces designed to house inventory in bulk and where goods are received and/or stored for delivery. |
| Drive-in Window | A window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for such customers to exit their motor vehicles. |
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| Drive-through Facility | A business or facility which is designed or intended to enable a customer to transact business without exiting a motor vehicle parked on or moving through the premises. |
| Driveway, Front-loaded | A driveway that begins at, or abuts, the front yard line of the lot. |
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| Dry Cleaning/Laundry Plant | A commercial facility at which clothes are brought to be dry cleaned an/or laundered from individual dry cleaning service outlets. Such a facility may be a freestanding use or may be combined with a Laundromat. |
| Duplex | See "Dwelling, Two-family" |
| Dwelling | Any building, structure, manufactured home, or mobile home, or part 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. |
| Dwelling, Detached | A dwelling unit not attached to another dwelling unit that is developed with open yards on at least three (3) sides. |
| Dwelling Unit | A room or combination of rooms designed for year-round habitation, containing self-sufficient bathroom and kitchen facilities, connected to all required utilities, and designed for or used as a residence by one family. Units located within motels or hotels or travel trailers shall not be included as "dwelling units." |
| Dwelling, Manufactured Home |
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. "Manufactured home" includes any structure that meets all
of the requirements of this subsection except the size requirements and with respect
to which the manufacturer voluntarily files a certification required by the Secretary
of HUD and complies with the standards established under the Act.
For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. |
| Dwelling, Manufactured Home Class A | A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: |
| (a) The minimum width (the width being the narrower of the two (2) overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least twenty-two (22) feet for a distance extending along the length (the length being the longer of the two (2) overall dimensions) of at least twenty (20) feet. | |
| (b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths (2.2) feet for each twelve (12) feet of horizontal run; the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint; the roof has an overhang (eave) extending at least ten (10) inches from each vertical exterior wall. A site-installed gutter may be counted in the width of the eave. | |
| (c) The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, and which does not exceed the reflectivity of gloss white paint. | |
| (d) A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footer after placement on the lot, and before occupancy. | |
| (e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. | |
| (f) The manufactured home is set up on the site in accordance with the standards set by the N.C. Department of Insurance. | |
| (g) Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by the N.C. Department of Insurance. | |
| (h) A front porch, a minimum of eight (8) feet in width and eight (8) feet in depth. | |
| Dwelling, Manufactured Home Class B | A manufactured home that meets all of the criteria of a Class A Manufactured Home, except criteria (a), (b), and (c). |
| Dwelling, Manufactured Home Class C | A manufactured home that meets all of the requirements of a Class A Manufactured Home, except criteria (a), (b), (c), (d), and (e); said manufactured home shall be installed with permanent type non-reflective skirting specifically manufactured for manufactured homes, pressure treated wood (except plain standard-surface, pressure treated plywood shall not be considered acceptable), or masonry underpinning. Such underpinning or skirting shall be installed under all elements of the manufactured home and be unpierced except for required ventilation and an access door. |
| Dwelling, Manufactured Home Class D | A manufactured home that does not meet the requirements of a Class A, Class B, or Class C Manufactured Home. |
| Dwelling, Mixed Use | A structure that contains both principal residential and nonresidential (i.e., office or retail) uses. |
| Dwelling, Multi-Family and Mixed Residential | Developments, generally on property under single ownership, containing a mix of residential building types. Dwelling units within a building type may be owner occupied, or for rent. Units may share amenities such as pools, clubhouses, meeting centers, leasing offices. Vehicular access to all dwellings within a property shall be sufficient to meet Fire Department accessibility requirements. Parking location shall be provided as defined by type below. Dwelling unit types permitted: |
| • Multi-family, Apartment: dwellings arranged side by side, or stacked, on multiple floors of a building or buildings containing a minimum of 4 units, that share a single-entry lobby, or individual exterior entries along a common breezeway, with shared, or dedicated parking. | |
| • Attached Single Family, Townhome: a minimum of 3 dwellings, sharing party walls, with main door entry individually accessed from a fronting street, or sidewalk, and dedicated parking accessed from rear lanes/alleys. | |
| • Attached Two Family, Duplex: two dwelling units sharing a common vertical wall(s) with main door entry individually accessed from a fronting street, or sidewalk with dedicated parking for each dwelling. The location of required parking shall be determined by the separation between driveways within the designated front yard of the dwelling as follows: 30' or less - parking shall be accessed via rear lanes/alleys; greater than 30' may be accessed from the fronting street. | |
| • Detached Single Family: a single dwelling, with main door entry individually accessed from a fronting street, or sidewalk with dedicated parking for each dwelling. The location of required parking shall be determined by the separation between driveways within the designated front yard of the dwelling as follows: 30' or less - parking shall be accessed via rear lanes/alleys; greater than 30' - parking may be accessed from the fronting street or rear lane/alley. | |
| Dwelling, Single-Family | A detached building designed for or occupied exclusively by one family, but not to include manufactured homes as defined by this Ordinance. |
| Dwelling, Single-Family Attached | A dwelling unit attached side-by-side to two (2) or more other dwelling units by common vertical walls. Each dwelling unit shall be located on a separately deeded lot and have separate heating and cooling systems, separate utility meters, and ground floor access. Includes townhouse, twin house, atrium house, and any other building types meeting the criteria set in this definition. This definition refers to the structure of the residence; however, there is typically a general intent of individual unit ownership. |
| Dwelling, Single-Family Attached, Two Unit | A dwelling unit attached side-by-side to one other dwelling unit by common vertical wall(s). Each dwelling unit shall be located on a separately deeded lot and have separate heating and cooling systems, separate utility meters, and ground floor access. This definition refers to the structure of the residence; however, there is typically a general intent of individual unit ownership. |
| Dwelling, Two-Family | Two (2) dwelling units, including modular homes, attached along and sharing one or more common walls and located on a single lot. |
| Easements | A grant by the property owner to the public, a corporation, or persons, of the right to use a specified portion of a tract or tracts of land for a specified purpose. |
| Emergency Shelter for Homeless Children | A facility offering temporary residential care for children ages ten (10) to seventeen (17) deemed "homeless," as defined by the Stewart B. McKinney Act, 42 U.S.C. § 11301, et seq. (1994). Facility may have a maximum of nine (9) beds and provide continuous care for a period up to fourteen (14) days. Supervisory personnel provide 24-hour room and board, counseling, education, and social skills building in a family environment, with no in-residence staff. |
| Encroachment | The projection or intrusion of a building, structure, or other land-disturbing activity into an area where such projections are typically prohibited. |
| Engineer | A professional engineer licensed by the State of North Carolina. |
| Entrance, Primary | An entrance or entrances leading from collector streets, major thoroughfares, arterials, or highways to subdivisions, multi-family uses, planned developments, industrial, commercial, or office and institutional subdivisions and developments. |
| Entrance, Secondary | An entrance, or entrances, other than the primary entrance, leading from collector or local streets to subdivisions, multi-family uses, planned developments, industrial, commercial, or office and institutional subdivisions. |
| Essential Services | Publicly or privately owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators shall be deemed accessory uses and not "essential services." The provision of public safety services (i.e. law enforcement, emergency medical services, rescue services, fire protection), governmental uses, and related services shall be included as an essential service as described in Essential Service, Class 4. Essential Services are divided into the following four (4) classes as defined below. |
| Essential Services, Class 1 | Transmission lines (whether, subterranean or overhead) including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields, cable television and telephone transmission lines; or similar utility lines; pumping stations; lift stations; telephone switching facilities (up to one hundred (100) square feet gross floor area). |
| Essential Services, Class 2 | Elevated water storage tanks; booster stations, package treatment plants, telephone switching facilities (over one hundred (100) square feet gross floor area), substations, public and municipal power agency owned electric generation facilities that operate less than two thousand five hundred (2,500) hours per year as a Class 2 essential service (only allowed in the I-2 district) or other similarly required facilities in connection with telephone, electric, steam, water, sewer, or other similar utilities, and towers erected by a public authority for public safety or emergency services communication purposes. |
| Essential Services, Class 3 | Generation, production, or treatment facilities such as power plants, water treatment plant, sewage treatment plants (excluding package treatment plants), or similar utilities; sanitary landfills; septic tank waste disposal facilities; solid waste/recycling or transfer stations; medical waste transfer-facilities; radio and television transmission towers (not otherwise classified as a "communications tower" nor cited as an essential services, class 2 and cable television signal receiving facilities). |
| Essential Services, Class 4 | A use or facility owned or operated by the City or its designee, serving in one of the following capacities, including, but not limited to: an agency office, rescue services (including volunteer rescue services), emergency medical services, public safety station, fire station (including volunteer fire station), public safety services and dispatch, or personnel training and development center. A public safety station may contain living quarters for on-duty personnel. Facilities for the maintenance of equipment housed at the operation site are also permitted. The following uses and/or activities shall not be classified as a Class 4 Essential Service: vehicle storage yard; outdoor/indoor firing range; jail; prison; sanitary landfill; solid waste transfer or disposal facility; wastewater treatment facility; educational or health institution; university; group home; half- way house or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws. |
| Facade | The exterior wall of a building exposed to public view or that wall viewed by persons who are not in such building. |
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| Family | An individual, or two (2) or more persons related by blood, marriage or adoption living together as a single housekeeping unit, exclusive of household servants; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit. |
| Family Burial Ground | A privately owned, noncommercial graveyard created and maintained for the interment of family members of the property owner and restricted to such use. |
| Family Care Home | A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident handicapped persons, six (6) unwed mothers and their neonates, or six (6) battered persons with their children. |
| Family Child Care Home | A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care as defined by NCGS § 110-86). |
| Family Member | Direct lineal descendants (children, grandchildren, and great grandchildren) and direct lineal ascendants (father, mother, grandfather and grandmother); and brothers, sisters. |
| Farm, Bona Fide | The production and activities relating or incidental to the production of crops, fruits, vegetables, sod, or ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market meeting one of the present use value criteria: |
| 1. Agricultural land, consisting of at least ten (10) acres, or horticultural land, consisting of at least five (5) acres, both of which may be in one or more tracts that are in actual production; | |
| 2. A minimum of twenty (20) acres of forestland for which a woodland management plan has been prepared by the U.S. Forest Service. | |
| Farm Supply Store | An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. |
| Farmers Market | An outdoor market at which fruits and vegetables are regularly sold to the general public on a retail basis. Vehicles used to transport the products to be sold shall be limited to cars, vans and trucks. Other food items, handmade crafts, and baked goods not native to this region may also be sold at such establishments, provided these items may not constitute a majority of total sales. |
| Fence | An exterior structure serving as an enclosure, barrier, or boundary made of materials commonly considered to be fence materials. |
| Fence, Deer | A fence specifically designed to thwart the movement of deer and similar animals. Such fences are typically eight (8) to ten (10) feet in height and have an electrically charged wire on top. |
| Fenestration | Architectural treatment over, around, or near a window, door, or other feature of relief on the elevation of a building. |
| Financial Institution | A commercial bank, a mortgage bank, a savings bank, a saving and loan association, or a credit union any of which are licensed, insured or chartered by the United States of America or the State of North Carolina. Manned drive-through services are provided on site. Outdoor automatic teller machines (ATMs) may or may not be provided. |
| Firing Range | A range for target practice, typically associated with rifle or handgun practice. This term shall also apply to bow and arrow and cross bow ranges. |
| Flag | A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature. |
| Flea Market | An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities, booths, or temporary structures. |
| Flex Space | A building or portion thereof that can be used and/or easily converted to use for office, wholesale sales, distribution or storage use |
| Floor Area Ratio | The gross floor area of all buildings and structures on a lot divided by the lot area. When computing this figure, the gross floor area of all enclosed parking deck buildings shall be excluded. |
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| Food Catering Facility | A facility at which a prearranged amount and type of food is prepared for consumption off-premises or in a meeting room on premises. A food catering facility differs from a restaurant in that food is not offered for sale to the general public on a retail basis. |
| Food Pantry | A facility operated by a public or non-profit entity that directly distributes unprepared packaged food items to the public on a charitable basis. Such facilities may also distribute clothing to the general public in such manner. |
| Franchise Architecture | A distinct architectural building style and/or elements commonly employed by a fast food franchise that serves to enhance or promote brand identity through visual recognition. This type of architecture has been shown to contribute to the dilution of a unique community identity. |
| Fraternal and Service Organization Meeting Facility (Nonprofit and Not-For-Profit) | A facility operated by an association of persons for activities which include, but are not limited to social, literary, political, educational, fraternal, charitable, or labor activities, with regular meetings and membership requirements. The facility is not operated for profit or to render a service that is customarily conducted as a business. |
| Freeway | A major thoroughfare providing for high-speed mobility and having no at-grade crossings. |
| Freight and Flying Services | A facility operated for the transport of goods, merchandise, materials and commodities of any kind that may be transported from one place to another by air. |
| Fueling Pump | A fuel-dispensing pump, which may contain more than one fuel nozzle, designed to accommodate one or two (2) vehicles at a time. If two (2) vehicles are accommodated at the same time, fuel nozzles serving the two (2) vehicles shall be located on opposite sides of the fuel pump. |
| Fulfillment Center | A facility fulfills customer orders for ecommerce retailers. Activities at these centers may include, but not limited to, receiving inventory, packing boxes, labeling, shipping orders and processing returns. |
| Functional Design | A preliminary roadway design, approved by the City Council, and prepared and/or approved by the lead planning agency on a topographic map at a scale no smaller than one inch equals two hundred (200) feet showing the horizontal width, centerline, and typical cross section for a proposed roadway. Cross sections shall show roadway and lane width, and right-of-way width; and may also show utility easements, and other roadway improvements that describe the final appearance of the road (i.e., sidewalks, tree plantings, bikeway facilities, etc.). Typical cross sections should be based on NCDOT recommended street designs. All functional designs are maintained in the planning department located at the city hall and are available for public inspection during normal business hours. |
| Funeral Home | A facility used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith. Such facility may also sell caskets and other items associated with a funeral service. |
| Gameroom | A building or a part of a building containing eight (8) or more video, pinball, or similar player operated amusement devices, in any combination, for commercial use. A gameroom shall not include any gaming item prohibited or made unlawful by G.S. ch. 14, art. 37 or any activity which constitutes gambling under G.S. 14-292. An establishment containing a gameroom may have more than one principal use. If three (3) or more pool tables are provided, the facility shall also be deemed a "billiard parlor." A bingo parlor shall be deemed a gameroom." |
| Garage, Private | A building or portion thereof that is accessory to a principal structure and providing for the storage of automobiles, and in which there is no occupation or business for profit carried on. Such garage shall be enclosed on all four (4) sides, and may be attached to or detached from the principal dwelling unit. |
| Garage/Yard Sale (Temporary Use) | See "Yard Sale" |
| Garden Events Facility | An outdoor assembly area designed to accommodate a maximum of one hundred twenty-five (125) people for a variety of events or functions including, but not limited to, weddings and receptions, fundraisers, private socials, instructional events, etc. |
| Golf Course | A tract of land for playing golf, improved with tees, fairways, hazards and which may include clubhouses and shelters. Such definition shall not include "miniature golf" or "golf driving range" establishments. |
| Grade, Finished | A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point six (6) feet from the building and the lot line or between the building and a point six (6) feet from the building, whichever is closer to the building. |
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| Grade, Street | The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the side of the street at which the grade is being measured. |
| Greenhouse, Commercial | See "Nursery (garden)" |
| Grocery Store | A retail establishment which may sell a wide variety of fresh produce, canned and packaged food items, small household goods and similar items which are consumed and used off premises. In addition, the store may contain a delicatessen section in which prepared foods are sold and may be consumed on premises in a specially designed sit-down area. Such stores may also contain manned internal bank branches. Sales of grocery items are highly dependent on comparison shopping. |
| Grooming Services | Establishments engaged primarily in providing services to a person's grooming needs. Such services include, but are not limited to: barbershops, beauty shops, tanning salons, microblading, dermaplaning, nail salons and other similar grooming services regulated and licensed by the North Carolina Department of Health and Human Services. Tattoo parlors shall NOT be included under this definition. |
| Gross Floor Area | The sum of the gross horizontal areas of each floor of a principal building, and any accessory building or structures measured from outside of the exterior walls or from the centerline of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawlspace. This term also excludes pedestrian walkways and common areas within enclosed shopping facilities. |
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| Ground Covers | Low growing plants such as grasses, ivies, creeping bushes and similar decorative plantings. Where required by this Ordinance, ground covers shall have the capability of soil stabilization and erosion control. |
| Ground Level Finished Floor Elevation | The elevation of the lowest habitable finished floor of the structure, not including subterranean floors. |
| Group Home | A facility, other than a family care home, that is licensed by the State of North Carolina, that has support and supervisory personnel and provides room and board, personal care, or habilitation services in a family environment for more than six (6) but not more than thirty (30) handicapped persons, unwed mothers with their neonates, and battered spouses with their children. |
| Handicapped Person | A person with a physical or mental impairment which substantially limits one or more of such person's major life activities; a person with a record of having such an impairment; or a person who is regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802. |
| Health and Behavioral Care Facility | A facility designed to offer two (2) or more health and behavioral services to clients. Such services may include limited medical care and health education, parenting program, adoption agency, and counseling center. |
| Health Club, Spa, Gymnasium (principal use) | A place of business with equipment and facilities for exercising and improving physical fitness. |
| Hearing, Evidentiary | 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 Ordinance and N.C.G.S. 160D-406. |
| Hearing, Legislative | A hearing to solicit public comment on a proposed legislative decision. |
| Heavy Equipment Sales and Service | A facility where vehicles or other apparatus commonly used in commercial, industrial or construction enterprises are sold and serviced. This includes, but is not be limited to: trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts, each having a gross weight of two and one-half (2.5) tons or more. |
| Heliport/Helistop | An area designated to be used for the landing or takeoff of helicopters including operations facilities such as maintenance, loading, storage, fueling and terminal facilities. |
| Highway, Corridor | A highway, or portion thereof, which is designated by the City Council for the placement of a CH Corridor Highway Overlay District. |
| Highway, Special | A highway, or portion thereof, which is designated by the City Council for the placement of a (SH) Special Highway Overlay District. |
| Holiday Decorations | Displays erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature and which contain no advertising material. |
| Home Occupation, Customary | A nonresidential use conducted within a dwelling unit which is clearly incidental and subordinate to the residential use and, when observed from beyond the lot on which it is located, does not give visual, audible, sensory or physical evidence (except as otherwise allowed per Section 9.1 of this Ordinance) that the property is used for any nonresidential purpose. |
| Home Occupation, Rural | A nonresidential use conducted in an accessory structure by the occupants of the lot upon which it is located. |
| Hospital | An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, including related facilities such as laboratories, outpatient services, training facilities, central service facilities, emergency services, and staff offices. A hospital shall provide facilities for the overnight and extended stay of persons in need of medical treatment and may have accessory uses such as a prayer chapel, gift shop, cafeteria, etc. that serves the needs of staff, patients and visitors. |
| Hotel | A facility containing six (6) or more rooms and offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, lounges, meeting rooms and recreation facilities. No rooms for rent shall have direct access to the outside. An "adult hotel or motel" shall not be considered a "hotel" and shall be governed as an "adult establishment." |
| Hotel, Full Service | An establishment providing a minimum of one hundred (100) sleeping rooms (a suite shall be counted as two (2) sleeping rooms) that have interior access. A "hotel" also has a restaurant with full table service, lounge, meeting facilities consisting of a minimum of five thousand (5,000) square feet in one room (said room may be divided by flexible partitions) and may include other hotel-related amenities and guest services. An "adult hotel or motel" shall not be considered a "full service hotel" and shall be governed as an "adult establishment." |
| House, Atrium | An attached or semi-attached one-story house on a small lot, said lot having a small yard space that is surrounded by the house and its privacy walls. As distinguished from a "patio house," an atrium house usually has a smaller lot size and it is always attached (to another unit) in some fashion. |
| House, Lot Line | A single-family detached dwelling unit that is placed against one of the side lot lines. Such dwelling unit has a front and rear yard but only one side yard. |
| House, Patio | A single-family dwelling on a separate lot with open space on three (3) sides on that lot. |
| House, Twin | Two (2) dwelling units on separate lots joined by a common building wall along the property line. |
| House, Village | A single-family detached dwelling built on a small lot (typically smaller than the minimum lot size for the zoning district). Land saved by use of smaller lots is dedicated for common use. Houses may be placed close to the street to maximize rear yards. Shared driveways with separate parking areas may be utilized. |
| HVAC Equipment | External heating, ventilation, air conditioning, and other mechanical and utility equipment, including but not limited to, hoses, pipes, vents, fans, compressors, pumps, and heating and cooling units associated with buildings and accessory structures. |
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| Impervious Surface | Any material that reduces and prevents absorption of storm water into previously undeveloped land. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc. Items not considered to be "impervious" include the water area of a swimming pool and wooden slatted decks. |
| Impervious Surface Ratio | The gross area of all impervious surfaces on a lot divided by the lot area. |
| Independent Living Center | An establishment which provides living facilities to seven (7) or more persons with physical or mental disabilities and/or restricts the age of residents to fifty (50) and above. Residents have separate living units and congregate meals may be provided at such facilities. However, residents are expected to provide other basic living services. |
| Industrial Heavy Equipment, Bulk Storage Yard and Commercial Vehicle and Truck Storage | A piece of property that is used primarily for the outdoor storage, on a regular basis, of trucks and other commercial vehicles, excluding septic tank and solid waste vehicles, industrial heavy equipment and any other type of bulk storage. |
| Industrial Zoning District | See "Zoning District, Industrial" |
| Infill Residential Development | A type of residential development intended to be situated on smaller lots than a typical planned residential development PRD, and that serves as a higher density residential buffer between low density residential uses and non-residential zones; or between low density residential uses and major or minor thoroughfares. Such uses serve dual purposes: First, they allow innovative housing arrangements to occur on smaller, infill sites; and, second, they preserve property values of low density residential sites that abut busy thoroughfares and/or areas zoned for non-residential uses by introducing a higher density residential buffer between them. |
| Junkyard and Salvage Yard | The use of more than five hundred (500) square feet of the area of any lot for the outdoor storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of three (3) or more automobiles, vehicles or machinery or parts thereof. |
| Land-disturbing Activity | Any use of the land by any person for residential, industrial, educational, institutional, or commercial development, or for highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Within watershed management areas, land-disturbing activity shall include the clear cutting of trees unless specifically exempted by this Ordinance. |
| Landfill, Land Clearing and Inert Debris, Offsite | A landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes meeting the standards of the state. A clean fill operation which is conducted to improve or recontour land using only soil or a fill operation, as defined by G.S. 130A-294(m), which consists of used asphalt or used asphalt mixed with dirt, sand, gravel, rock, concrete or similar non-hazardous materials shall not be construed to be such a landfill. |
| Landfill, Land Clearing and Inert Debris, Onsite (Accessory) | A demolition landfill which is located within the confines of property being developed or in use, and used only for the disposal of acceptable materials which are generated on the property being developed. |
| Landfill, Sanitary | A solid waste disposal facility designed to meet the minimum standards defined by the state for such use. |
| Landowner | Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner. The person shown on the records of the Gaston County Register of Deeds shall be presumed to be the person in control of the property. |
| Laundromat | A commercial facility open to the general public where coin-operated washing and drying machines are available for use. |
| Leasable Area, Gross | The total floor area for which a tenant pays rent and which is designed for the tenant's occupancy and exclusive use. |
| Library | A public facility for the shared use, but not sale, of literary, musical, artistic, or reference materials. |
| Live-in Office or Business | A structure which houses both an office or commercial use in accordance with Section 8.2.39, and a residence for the proprietor, occupying the same space. |
| Loading Space, Off-street | An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. |
| Logo | The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols, or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers. |
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| Long-term Bicycle Parking | Designed to meet the bike storage needs of daily bike commuters, housing residents, and transit riders, who typically require storage for periods of time in excess of 4 hours. They can be provided for outdoors and indoors. The storage duration necessitates greater security and protection from the elements. Outdoor examples are Bike Shelters with vertical bike and two-tiered racks, and Bike lockers. |
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| Indoor examples, known as Bike Rooms, are designed to restrict access to specific users and are fully sealed off from the weather. Storage may consist of vertical and two-tiered racks. Depending on the size of a Bike Room may also include cycling gear lockers, and showers. | |
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| Lot | A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. |
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| Lot Area | The total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or (ii) if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from the center of the traveled portion of the street shall be used to calculate the area. |
| Lot Line | A line of record bounding a lot that separates one lot from another lot or separates that lot from a public or private street or any other public space. |
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| Lot Line, Front | The lot line that separates a lot from a street right-of-way. |
| Lot Line, Interior | A lot line that does not have street frontage. |
| Lot Line, Rear | The lot line opposite and most distant from the front lot line. |
| Lot Line, Side | Any lot line abutting another lot and which is not a front or rear lot line. |
| Lot of Record | A lot or combination of contiguous lots described pursuant to the most current plat or metes and bounds description or descriptions recorded in the office of the Gaston County Register of Deeds. |
| Lot Width | The horizontal distance between side lot lines at the front building line measured parallel with the front lot line. |
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| Lot, Corner | A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred thirty-five (135) degrees with each other. The street line forming the least frontage shall be deemed the front of the lot. |
| Lot, Interior | A lot other than a corner lot. |
| Lot, Nonconforming | Any lot of record which does not meet the minimum yard or area requirements established in these regulations at the time of this Ordinance's adoption or any amendment thereto. |
| Lot, Through | A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) streets that do not intersect at the boundaries of the lot. |
| Machine, Metal, Woodworking, and Welding Shop | A workshop in which work, including but not limited to metal and woodwork, is machined, assembled or finished. |
| Manufactured Goods | Manufacturing, refining, processing, or assembly of goods or products subject to the following limitations: |
| The term "NAICS" shall refer to the North American Industry Classification System as set forth in the NAICS Manual published by the United States of America, Executive Office of the President, Office of Management and Budget and unless a use is defined in this Ordinance, the NAICS Manual shall be used to define, clarify or more specifically identify the uses and groups of uses listed. While the NAICS Manual uses the term "establishments primarily engaged in" in defining types of manufacturing operations, this Ordinance shall be construed to mean that if the activity is conducted at all within the use and that activity is listed as being a "conditional use," then the entire use shall be deemed a "conditional use" as opposed to being a "permitted use." | |
| Manufactured Goods, Class 1 | All manufacturing industries except those listed as "Manufacturing Goods, Class 2" or "Manufacturing Goods, Class 3." |
| Manufactured Goods, Class 2 | The following manufacturing industries as identified by their NAICS Category and Code Number(s): |
| • Flour and other grain mill products, sugar refining (NAICS 311211, 311311, 311313) | |
| • Animal feeds and pet foods (NAICS 311111, 311119, 311611) | |
| • Fats and oils (NAICS 31122) | |
| • Dyeing and finishing textiles, except wool fabrics and knot goods (NAICS 313210, 3133, 315192, 315191, 315111, 315119) | |
| • Coated fabrics, rubberized and not rubberized; canvas and related products (NAICS 313320, 314912, 315299, 315999, 326192, 326299, 339113, 339932) | |
| • Sawmills and planing mills, general (NAICS 321113, 321912, 321918, 321999) | |
| • Wood preserving; reconstituted wood products; pulp mills; paper mills; paperboard mills (NAICS 321114, 321219, 322110, 322121, 322122, 322130) | |
| • Industrial inorganic chemicals; Plastic materials, synthetic resins and rubber; cellulosic and other man-made fibers, except glass (NAICS 3252, 32518, 325120, 325131) | |
| • Soaps, detergents and cleaning preparations and other toilet preparations (NAICS 3256); except perfumes and cosmetics | |
| • Paints, varnishes, lacquers, enamels and allied products (NAICS 32551) | |
| • Industrial organic chemicals; agricultural chemicals (fertilizers, pesticides, etc.) (NAICS 32531, 32532) | |
| • Miscellaneous chemical products (all products listed under NAICS 32552, 32592, 32591, 325182, 325998, 325510) (e.g., adhesives, sealants, explosives, printing ink, carbon black, and other chemical and chemical preparations) | |
| • Lubricating oils and greases (NAICS 324191) | |
| • Products of petroleum and coal classified under NAICS 324199 | |
| • Tires and inner tubes (NAICS 326211) | |
| • Leather tanning and finishing (NAICS 316110) | |
| • Structural clay products (NAICS 32712, 327331) | |
| • Abrasive products; asbestos products; mineral wool; (NAICS 327910, 327993, 327999, 332999, 336340) | |
| • Minerals and earth, ground or otherwise treated (NAICS 212324, 212325, 212393, 212399, 327992) | |
| • Non-clay refractories (NAICS 327125) | |
| • Miscellaneous nonmetallic mineral products listed under NAICS 327112, 327999, 327420 | |
| • Steel works, blast furnaces, and rolling and finishing mills; iron and steel foundries; primary and secondary smelting and refining of nonferrous metals; rolling, drawing and extruding of nonferrous metals; nonferrous foundries; (NAICS 324199, 331111, 331112, 331221, 332618, 3312, 3315, 3314, 3313) | |
| • Metal heat treating; metal forging-iron, steel and nonferrous; coating and engraving of metals and allied services (NAICS 3321, 33281, 339911, 339912, 339914) | |
| • Manufacture of other primary metal products listed under NAICS 331314, 331423, 331492, 332813, 331221, 332618 | |
| • Manufacture of ordnance (arms, ammunition, etc.) and accessories except vehicles and guided missiles (NAICS 33299) | |
| • Power, distribution and specialty transformers (NAICS 335311) | |
| • Electrical industrial carbon and graphic products (NAICS 335991) | |
| • Storage batteries; primary batteries, dry and wet (NAICS 335911, 335912) | |
| • Under NAICS 325992, 333315 - all photographic supplies but not photographic equipment | |
| • Under NAICS 325998, 339942 all inks, paints, oils, enamels, and crayons | |
| • Carbon paper and inked ribbons (NAICS 339944) | |
| • Linoleum, asphalt - felt-base, and other hard surface floor covering listed under NAICS 326192 | |
| Manufactured Goods, Class 3 | The following manufacturing industries as identified by their NAICS Category and Code Number(s): |
| • Meat packing plants and poultry dressing plants (NAICS 311611, 311615, 311999) | |
| • Processing and packing of canned, cured, fresh, or frozen fish and seafood (NAICS 311711, 311712) | |
| • Petroleum refining (NAICS 32411) | |
| • Asphalt paving and roofing materials (NAICS 32412) | |
| • Mining (NAICS 221, 212, 213) | |
| Manufactured Home | See "Dwelling, Manufactured Home" |
| Manufactured Home Park | Any site or tract of land (except a subdivision developed pursuant to this Ordinance) upon which two (2) or more manufactured home spaces are provided for lease or rental. |
| Manufactured Home Space | A plot of land within a manufactured home park designed for the accommodation of a single manufactured home in accordance with the requirements contained in this Ordinance. |
| Manufactured Home Stand | That portion of a manufactured home space designed for and used as the area occupied by a manufactured home. |
| Manufactured Home Subdivision | Manufactured home subdivision. A subdivision of land designed specifically for the placement of manufactured homes as the principal use upon the lots created therein. Manufactured home subdivisions shall meet the following criteria: |
| (1) The property shall consist of at least ten (10) acres of land; | |
| (2) All lots, streets, utilities and other required improvements shall comply with Chapter 18, subdivision Ordinance; | |
| (3) The minimum size of any manufactured home shall be no less than eight hundred forty (840) square feet. This provision shall apply to any manufactured home placed in a manufactured home subdivision from and after October 1, 1995; and | |
| (4) Single-family dwellings may be constructed on any lot within a manufactured home subdivision. | |
| Marina, Accessory | A facility which is accessory to a residential development and which provides boat slips for use by the residents of such development and their guests. |
| Marina, Commercial | A commercial facility containing moorings and boat slips available for use by the general public and which may also offer supply and repair services. |
| Maternity Home | A home licensed to provide care for pregnant females as well as provide space for live-in house parents. |
| Military Reserve Center | A place used for training reserve military personnel and where military arms and military equipment may be stored. |
| Mini-Warehouse | A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. No outdoor storage shall be allowed in conjunction with the facility with the following exceptions: boats, cars; motorcycles; trailers; motor homes, pickup trucks and similar-type and size vehicles. All such areas devoted for outdoor storage shall be in areas so designated for such storage. Use of the leased storage spaces shall be for storage purposes only. |
| Mobile Home | See " Dwelling, Manufactured Home " |
| Mobile Home Park | See "Manufactured Home Park" |
| Model Sales Home | A permanent building intended for ultimate use as a residential dwelling unit that is typical of the dwellings in the residential development where it is located and which is temporarily used by the builder for the purpose of display and sales associated with residential property where the builder has other homes for sale in the same development or subdivision. |
| Modification, Substantial |
The mounting of a proposed wireless facility on a wireless support structure that
substantially changes the physical dimensions of the support structure. The burden
is on the local government to demonstrate that a mounting that does not meet the listed
criteria constitutes a substantial change to the physical dimensions of the wireless
support structure. A mounting is presumed to be a substantial modification if it meets
any one or more of the following criteria:
a. Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. b. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. c. Increasing the square footage of the existing equipment compound by more than 2,500 square feet. |
| Modular Home | A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code (uniform residential code for one and two-family dwellings) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A "modular home," as herein defined, shall be deemed to be a single-family dwelling for purposes of this Ordinance. |
| Motel | An establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. An "adult hotel or motel" shall not be considered a "motel" and shall be governed as an "adult establishment." |
| Motor Home | See "Vehicle, Recreational" |
| Mural | A sign displaying only a noncommercial message that is painted or drawn on a building wall. |
| Museum | A structure that serves as a repository for a collection of curiosities or objects of interest or works of art intended to be viewed by members of the public with or without admission costs. It may include an accessory use with the sale of goods/gifts to the public and/or an eating establishment for visitors and employees. |
| Neighborhood Services Center | A nodal, small-scale retail and service center designed to standards promoting human scale, pedestrian access, and community identity. Such centers are intended to be in locations that would otherwise be harmed by allowing typical suburban intrusion. |
| Nonconformity | Any use, building, structure, lot, or sign that was lawful at the time it was constructed or established but which fails to comply with one or more of the applicable regulations or standards of this Ordinance. |
| Noncommercial Copy | A sign message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States. |
| Nursery (Garden) | A commercial enterprise conducted on land where flowers, shrubs and similar horticultural products are raised and sold to general public. Nurseries may include the use of greenhouses for growing purposes. Goods may also be grown and displayed outdoors. |
| Nursing Home | A licensed facility that provides supportive service to six (6) or more elderly or disabled in-house residents who need a wide range of health and support services located on the site, such as medical and nursing care, central dining, and transportation services. |
| Office | A room or group of rooms used for the conduct of a business, profession, service, industry or government where retail trade is not conducted. |
| Office, Medical Services | An office (as herein defined) facility containing space for patient waiting rooms, treatment areas and laboratory space for medical doctors (MDs), osteopaths, chiropractors, dentists, podiatrists, acupuncturists, psychologists, licensed nurse/midwifes, licensed physical therapists, licensed nurse practitioners, licensed respiratory therapists or optometrists. |
| Office Zoning District | See "Zoning District, Office" |
| Organic Waste | Materials that are primarily composed of yard trimmings, wood waste, dead trees and other dead vegetation, Christmas trees, wood pallets, land clearing debris and other similar materials. |
| Outdoor Event (temporary use) | Circuses, fairs, carnivals, festivals and other types of outdoor events that run on a temporary basis and are intended to or are likely to attract substantial crowds. |
| Outdoor Resale Business | A business that sells used merchandise (other than automobiles, trucks, boats, motorcycles, manufactured homes or recreational vehicles) and stores or displays this merchandise outdoors on a regular basis. |
| Outdoor Storage Yard (Contractor) | A place where construction equipment and goods used by building contractors are externally stored on a regular basis. |
| Outparcel | A lot located within a planned multi-tenant development that does not have direct access from a public road abutting the development. Said lot may contain no more than one principal use and the outparcel lot may be exempt from the yard and bulk requirements of the underlying zoning district. |
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| Overflow Parking Facility | See "Parking Facility, Overflow" |
| Package Treatment Plant | A small self-contained sewage treatment facility built to serve developed areas that lie beyond the service area of sanitary sewers. |
| Paintball Game | A game in which players on one team seek to eliminate those on an opposing team by marking them with a water-soluble dye shot in capsules from air guns. |
| Paintball Facility | A commercial facility providing either an indoor or outdoor enclosed area for customers to participate in paintball games and related activities. |
| Parapet | That portion of a building wall or false front that extends above the roofline. |
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| Park | A facility operated by a public entity that is open to the public for outdoor active recreational uses, including, but not limited to: ballfields, swimming facilities, camping facilities, and which contains improvements designed specifically for such active recreational uses. Such facilities may also contain improvements designed for passive recreational uses. |
| Parking Bay | A parking module consisting of one or more sets of one or two (2) rows of parking spaces and the aisle from which motor vehicles enter and leave. |
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| Parking Deck | A building designed and used for the storage of motor vehicles and which may contain retail or office uses on its ground floor. |
| Parking Facility, Overflow | An off-street parking area intended for the storage of vehicles for special, athletic or other occasional events. Such a facility is not typically used more than ten (10) times a year. |
| Parking Lot (Principal Use) | An open, hard-surfaced area, other than a street or public way, that is used for the storage, for limited periods of time, of passenger vehicles and commercial vehicles, and is available to the public, whether for compensation, free, or as an accommodation to clients or customers. Off-street parking areas that are provided in association with a particular use shall not be considered as being a "parking lot" as herein defined. |
| Parking Space, Off-street | An area located outside of any street right-of-way that is designed to accommodate the parking of vehicles that meets all requirements contained in Chapter 10 of this Ordinance. |
| Pawn Shop | A shop where money is lent on the security of personal property pledged. Such property may then later be sold at the shop. |
| Pennant | Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, usually in series, and which is designed to move in the wind. |
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| Permit, Zoning | A document issued by the Administrator that is required before commencing any construction, reconstruction, alteration, conversion or installation of a building or structure or before establishing, extending or changing any use on any lot. |
| Personal Business Service | The provision of services for personal needs and transactions such as, but not limited to, tailoring, alterations, dry cleaning, shoe repair, clock/watch repair, appliance repair. |
| Petroleum Distribution Facility | A business involved in the bulk sale of gasoline, methanol, liquid propane, kerosene, aviation fuels, fuel oil, diesel oils, and similar petroleum products. Such products are purchased from petroleum terminals and are sold to customers or consumers at either the wholesale or retail level. In no instance shall an "automobile service station," or "convenience store," or "mini-mart" be considered a "petroleum distribution facility." |
| Planned Residential Development (PRD) | A development planned and developed as an integral unit consisting of one or more residential-unit types (as permitted in the underlying general zoning district) and conforming to all applicable lot and bulk regulations. |
| Planned Unit Development (PUD) | A development containing a minimum of ten (10) acres that is planned and developed as an integral unit containing one or more commercial, institutional or manufacturing uses. A planned unit development (PUD) differs from a planned residential development (PRD) in that whereas a PRD always contains residential dwelling units, a PUD may or may not contain dwelling units. |
| Plat | A map or plan of a parcel of land that is to be or has been subdivided showing such subdivision. A plat for a subdivision occurring after the effective date of this Ordinance shall be recorded with the Gaston County Register of Deeds office and shall contain all information herein required. |
| Plaza | A paved area surrounded by buildings or streets and located in such manner so as to be accessible by pedestrians. Such area is improved with benches, ornamental and/or drinking fountains, works of art, etc. Part of the plaza may contain a grassed area. |
| Playground | A smaller-sized area developed with facilities primarily for children that may include benches, slides, play equipment, walk trails, etc. As opposed to a "park," a playground is usually smaller and does not contain athletic fields. |
| Porch | A projection from an outside wall of a dwelling which is covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) for the purpose of providing shade or shelter from the elements. |
| Portable Toilet Services | A commercial establishment that leases, delivers and services portable chemical toilets and which has a valid permit to discharge effluent into a public sanitary sewer system. |
| Post Office | A facility operated by the United States Postal Service for the delivery of both domestic and international mail. |
| Premises | A parcel of real property with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map or subdivision map. When a lot is used together with one or more contiguous lots for a single use or planned development, all of the lots so used, including any lots used for off-street parking, shall be considered single premises for purposes of these regulations. |
| Printer | The process, art or business of producing printed material by means of inked type and a printing press, computer or similar device. |
| Private Club (Without Adult Entertainment) | A for-profit establishment that (1) is organized and operated solely for social and recreational purposes; (2) and which may include the sale of alcoholic beverages; (3) and that is not open to the general public, but open only to the members of the organization and their bona fide guests. Excluded from this definition are facilities used by nonprofit fraternal and service organizations. Live, indoor entertainment and dancing facilities may be provided. Any private club which provides facilities or services which satisfy any portion of the definition of "adult establishment" per G.S. 14-202 shall be considered an "adult establishment." Any private club, which serves alcoholic beverages, shall be licensed to dispense such beverages by the state. A private club shall include a business licensed as such by the ABC Commission; provided however, the issuance of a private club permit by the NC ABC Commission does not permit such establishment under this Ordinance. Such establishment must be located in a zone that permits private clubs and the establishment must meet all other criteria required by this Ordinance. |
| Private Dining Club | A privately operated establishment primarily used to serve food to members and their guests. Said facility shall include space for business and group meetings, entertainment, and special events, may offer off-site catering incidental to the primary dining use, and may serve alcoholic beverages incidental to food sales. Any facility which serves alcoholic beverages shall be licensed to dispense such beverages by the state and food sales must account for a percentage of total sales as required by the state for a restaurant use. Banquet facilities must be large enough to accommodate at least one hundred fifty (150) persons at one seating. A private dining club may be developed as a freestanding entity or as part of a mixed-use development or building. |
| Private Residential Quarters | An accessory dwelling either attached or part of the principal residential use or separate from the principal use in the form of a guest house or garage apartment provided that such dwelling is not rented or occupied for gain and provided that no accessory building containing such use is constructed on a lot until the construction of the principal dwelling has commenced. The principal dwelling on the lot containing the private residential quarters shall be owner-occupied. |
| Produce Stand | The seasonal sale of any form of agricultural or horticultural products at a retail stand on the property (or properties owned by same person) where produced. |
| Property Owner | See "Landowner" |
| Public Services Operations Center | A facility where trucks, goods and/or equipment for an essential service operation (e.g., a public utility) are stored (either indoors or outdoors). The facility may also serve as a base of operations for certain workers employed by the essential service operation. |
| Public Safety Station | A facility operated by a public agency, a private contractor thereof, or by a private nonprofit volunteer organization and used for the base of operations and/or housing of equipment or personnel for the provision of dispatched public safety services including law enforcement, fire protection, rescue services, and/or emergency medical services. Such a facility may contain living quarters for on-duty personnel. Facilities for the maintenance of equipment housed at the operation site are also permitted. |
| Public Safety Weapons Training and Testing Facility | A publicly owned and operated facility where controlled blast, impact and ballistics testing and training are performed under the supervision of public safety personnel. Private institutional and/or corporate entities may also utilize the facility for the above purposes but only under the direction and supervision of governmental public safety personnel. This definition shall include publicly owned and operated recreational firing and skeet ranges that are open to and used by the general public. A public safety weapons training and testing facility is only allowed in the I-2 zoning district and only with the issuance of a special use permit. |
| Quarry | A tract of land used primarily for the extraction of minerals (e.g., rock, stone, ores) from the earth. |
| Racetrack | A facility where vehicles of any size, model aircraft and similar reduced-scale objects, or animals are raced for speed and/or endurance at which seating space and accessory food stands may be provided. |
| Radio and Television Studio | A radio and/or television production facility operated by a licensed FCC station to broadcast radio and television programming or which produce programming and feed such programming directly to an earth satellite for transmission back to earth. Communication towers taller than three hundred (300) feet, used for such purposes are deemed a separate principal use. |
| Railroad Terminal and Yard | An area of land covered with tracks for switching, storing, moving, repairing, and weighing of railroad cars, trains, or engines. |
| Recreational Use, Accessory | A recreational facility (e.g. swimming pool, tennis court) accessory to a principal use such as a hotel, multifamily development, single-family residence development, country club, etc. |
| Recreational Vehicle | See "Vehicle, Recreational" |
| Recreation, Active | Recreation requiring some constructed facilities and organized activities. |
| Recreation Center and Sports Center |
Public or non-profit health or exercise clubs, tennis or other racquetball courts,
swimming pools, YMCA's, YWCA's or similar uses which constitute principal uses and
are operated on a fee or membership basis. Accessory uses to such facilities may include:
snack bars, pro shops, and locker rooms, each of which is designed and intended primarily
for the use of patrons of the recreation and sports center.
It may be designed to accommodate multiple indoor and outdoor sporting events simultaneously; the facility may have a performance court gymnasium with bleacher seating for up to one thousand five hundred (1,500) spectators and a field house with track. The inside track area may have infield courts, facilitating basketball, volleyball, tennis or badminton. |
| Recycling Collection Facility | A building or enclosed space used for the collection and processing of recyclable materials that have been deposited on-site by the public or collected from various recycling deposit station sites. |
| Recycling Deposit Station | A facility operated by a public entity which includes a structure or closable bin in which newspapers, aluminum cans, plastics products, glass, corrugated paper or backyard waste (i.e., grass cuttings, tree limbs, etc.) are deposited for the purpose of being recycled. All such goods shall be housed at all times within the structure. The outdoor storage of all goods to be recycled shall be prohibited. |
| Residential Zoning District | See "Zoning District, Residential" |
| Restaurant | A commercial establishment where food and drink are prepared, and purchased on premises (either outdoors or indoors). The establishment may provide indoor or outdoor eating facilities or may be geared partially or primarily for take out food. If food consumption facilities are provided, they shall largely be within the building. Such establishment shall not have manned drive-through facilities. Restaurants, if properly licensed, may also serve alcoholic beverages. |
| Restaurant with Drive Through | A commercial establishment where food is prepared, and purchased within the principal building or through a drive-through window. The establishment may provide indoor eating facility or may be geared partially or primarily for take out food. |
| Retail | A building, property, or activity the principal use or purpose of which is the retail sale of goods, products, or merchandise directly to the consumer. Such a retail establishment shall not be classified as a "Retail" use, if listed elsewhere in the Table of Uses of this Ordinance. Examples of excluded uses include: restaurants, convenience store - fuel marts and convenience stores. |
| Riding Stable | A commercial facility where horses are sheltered and which may also contain grounds for the riding of horses. Horse racing shall not be allowed to take place on the grounds. |
| Right-of-Way | An area owned or maintained by the City of Gastonia, State of North Carolina, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities, or railroads. |
| Road, Frontage | A road that is in close proximity to and parallels a limited access road and is designed to provide access to roads that abut said limited access road. |
| Road, Private | Any right-of-way used for purposes of motor vehicle travel that has not been accepted for maintenance or ownership purposes by a public entity. |
| Road, Public | Any right-of-way not less than thirty (30) feet in width set aside for public travel and either which has been accepted for maintenance by the State of North Carolina or City of Gastonia, has been established as a public road prior to the date of adoption of this Ordinance, or which has been dedicated to the State of North Carolina or City of Gastonia for public travel by the recordation of a plat of a subdivision with the Gaston County Register of Deeds Office. |
| Rodeo | A public performance featuring bronco riding, calf roping, steer wrestling, bull riding and other similar activities. |
| Rodeo, Accessory | A public performance featuring bronco riding, calf roping, steer wrestling, horse show, bull riding and other similar activities on a tract or parcel of land where a bona fide farm or ranch is the principal use. |
| Rooming House | A single-family dwelling unit on a lot with assigned rooms for boarders that are rented or are designed to be rented, as an accessory use to the principal use of single-family occupancy by a permanent resident. The rooms individually or collectively shall not constitute separate dwelling units. The occupants must not have separate cooking facilities provided for any boarder. "Rooming House or Boarding House "Boardinghouse" shall not include similar uses such as bed and breakfasts, hotels or motels, health care facilities, group homes, halfway houses, hospitals, or rescue missions. |
| Satellite Dish | An apparatus capable of receiving a communications signal from a transmitter relay located in planetary orbit. |
| School, Elementary and Middle (Public and Private) | Any public, private or parochial institution offering instruction at the elementary or junior high school levels in the branches of learning and study required to be taught in the public schools of North Carolina. If said school is located on the grounds of a church or house of worship, it shall be considered a separate principal use if it has a student body in excess of fifty (50) students. Students enrolled in a day care center at the church shall not be separately counted as school students. |
| School, Senior High (Public and Private) | Any public, private or parochial institution offering instruction at the high school level in the branches of learning and study required to be taught in the public schools of North Carolina. |
| School, Vocational | A secondary or higher education facility primarily teaching usable skills that prepares students, who may be of all age groups, for jobs in a specific trade or vocation upon graduation. Examples of vocational schools include schools that teach: auto mechanics, secretarial studies, machine repair, computer technology, etc. |
| Schools for the Arts, Etc. | A school where classes in the various arts (e.g., dance, painting, sculpting, singing) are taught. As differentiated from a "vocational school," such schools are usually attended by persons of all ages where professional placement after graduation is not of significant importance. |
| Septic Tank Cleaning Service | A base of operations for a septic tank cleaning service. Areas designated for the disposal of septic tank waste shall be deemed a separate principal use. |
| Setback | A minimum distance specified for the various zoning districts measured inward from a property line that shall remain unoccupied and unobstructed upward except as may be permitted elsewhere in this Ordinance. |
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| Setback Line | See "Building Setback Line" |
| Setback, Front | That portion of the front yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Setback, Rear | That portion of the rear yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Setback, Side | That portion of the side yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Sewer, Community | Any package treatment plant or other sewage treatment facility serving two (2) or more sources not connected to individual or public systems and having a design capacity or greater than three thousand (3,000) gallons daily and/or a discharge to surface water, as permitted by the State of North Carolina. In addition, this definition shall include all connections to such a system. |
| Shopping Center | A group of two (2) of more retail establishments constructed and developed in one or more phases with customer and employee parking and merchandise and other loading facilities provided on-site. A shopping center may be located and developed on one or more lots, may contain one or more outparcels, and may include one or more principal buildings. A shopping center differs from an "office building" in that the majority the gross leasable area in a shopping center is devoted to retail and service uses serving the general public; the majority of gross leasable area in an office building is composed of office uses. Any uses located on outparcels which have points of ingress or egress from within the shopping center shall be considered as being part of that shopping center. |
| Shrub | An ornamental plant that is at least two (2) feet tall above the highest root at the time of planting. |
| Sight Triangle | The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway. |
| Sign | Any object, display, or structure, or part thereof, situated outdoors, or situated indoors that is installed to attract motorists' attention from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols. |
| Sign Face | The portion of the sign used for display of sign copy including all background area, pictures, and any other advertising devices shown in the sign. Excluded from this definition are the sign frame and supports. |
| Sign, Awning | A sign located on an awning. |
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| Sign, Building Marker | Any sign indicating the name of a building and date and incidental information about its construction. Such sign is typically cut into a masonry surface or made of bronze or other permanent material. |
| Sign, Changeable Copy | Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message. |
| Sign Copy | Any combination of letters, numbers or other graphical representation that is intended to inform, direct or otherwise transmit information. |
| Sign, Directional | A sign fronting on a road containing only the name of the principal use, insignia, trademark, directional arrow and/or distance to the principal use. Such use shall not be visible to the motorist at the location at which the sign is placed. |
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| Sign, Directory | A ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information. |
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| Sign, Electronic Changeable Message (ECMS) | A sign, or portion thereof, which utilizes lights (including but not limited to light emitting diodes (LED) or screens, to form a message in the form of copy, text or images, and is capable of changing message through electronic controls. ECMS shall include prices of motor fuels displayed in LED's. Time and temperature signs shall not be deemed ECMS. |
| Sign, Feather | A type of freestanding temporary sign typically that contains a harpoon-style pole or staff driven into the ground for support, supported by means of an individual stand. |
| Sign, Flashing | A sign that uses an intermittent or flashing light source or windblown and/or mechanically moved reflective material to attract attention. |
| Sign, Government | A sign, usually erected and maintained by a public agency, that provides the public with information and in no way relates to a business, commercial activity or specific use. Examples include, but are not limited to: speed limit signs, city limits signs, stop signs and street name signs. |
| Sign, Ground | Any sign which extends from the ground or which has supports which places the bottom thereof less than two (2) feet from the ground directly beneath the sign. A "monument" sign shall be considered to be a "ground sign." |
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| Sign, Identification | A sign bearing the address of the premises or name of occupant, but containing no logo or commercial message. |
| Sign, Incidental | A sign, generally informational, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar information and directives. No sign with a commercial message legible from a position off the site on which the sign is located shall be considered an "incidental sign." |
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| Sign, Light Emitting Diode (LED) | A sign using light emitting diode technology that is designed to project an advertising display that is controlled via the use of a computer or similar type equipment. Such sign may emit messages that are either scrolled or static. |
| Sign, Mailbox | The writing, text, representation, graphic, emblem or other display, together with any material or color forming an integral part of the background of the display that is placed on or is in any way affixed to a mailbox used for the purposes of official mail delivery to a lot. |
| Sign, Menu Board | An accessory sign providing items and prices associated with a drive-through window. |
| Sign, Monument | See "Sign, Ground" |
| Sign, Non-Commercial Copy | A sign, other than a "political sign" that contains a message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States. |
| Sign, Nonconforming | A sign that, on the effective date of this Ordinance or the date of any subsequent amendment thereto, does not conform to one or more of the regulations set forth in this Ordinance. |
| Sign, Off-Premise Advertising |
A sign, other than a "directional sign," "non-commercial copy sign" or other sign
specially allowed by this Ordinance to be placed off-premises, that draws attention
to or communicates information about a business, service, or commodity that exists
or is conducted, sold, offered, maintained, or provided at a location other than the
premises where the sign is located. An "off-premise advertising sign" may also be
referred to as a "billboard." Types of off-premise advertising signs typically include
electronic changeable face, changing/tri-vision, and static.
Off-premise advertising sign, Electronic Changeable Face - A digital advertising sign is a sign which electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LED's), fiber optics, or other similar technology where the message change sequence is accomplished immediately. Electronic changeable face outdoor advertising signs include computer programmable, microprocessor controlled electronic or digital displays that display electronic, still images, still graphics or still pictures, with or without textual information. Electronic changeable face outdoor advertising signs do not include animated or scrolling images, graphics, video active images (similar to television images), projected images or messages onto buildings or other objects. |
Off-premise advertising sign, Tri-vision - A type of electronic advertising sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and which properly functioning allows on a single sign structure the display at any given time of up to three images. Off-premise advertising sign, Static - A type of outdoor advertising sign, generally, but not limited to, a rigidly assembled sign, display, or devise, that is free-standing and affixed to the ground, the primary purpose of which is to display advertising messages or information that can be changed manually in the field. Such signs are generally design so that the copy or poster on the sign can be changed frequently and the advertising space is for lease. | |
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| Sign, On-Premises | A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located. |
| Sign, Pole | A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building but not including ground-mounted or monument signs. The bottom of such signs shall be greater than two (2) feet from the ground directly beneath the sign. |
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| Sign, Portable | Any sign not permanently attached to the ground or other permanent structure, nor specifically constructed for such attachment; or a sign designed to be transported, including but not limited to the following: signs designed to be transported by means of wheels; signs converted to A- or T-frames; gas or hot air filled balloons. |
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| Sign, Projecting | Any sign other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted. |
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| Sign, Roof | A sign erected or maintained in whole or in part upon or over the roof or parapet of a building. |
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| Sign, Rotating | A sign that revolves or turns or has external sign elements that revolve or turn. Such signs may be power-driven or be propelled by the force of wind or air. |
| Sign, Sandwich Board | A temporary A-frame sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels that form both the structure and sign face, and that is intended to be placed in a sidewalk or pedestrian way. |
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| Sign, Setback | The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the sign or its supporting structure whichever is nearest to the property line or right-of-way. |
| Sign, Skyline | A sign attached to the topmost band or bands of the building facade. |
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| Sign, Subdivision Identification | A sign that gives the name of a residential or non-residential subdivision or multi-family development. |
| Sign, Suspended | A sign that is suspended from the underside of a horizontal plane surface and supported by such surface. |
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| Sign, Temporary | A sign that is not affixed to poles, posts, stakes or other supporting structures that are permanently installed or anchored into the ground through the use of concrete foundations or similar anchoring techniques or permanently secured to a building. |
| Sign, Wall | Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Signs directly painted on walls shall be considered wall signs. |
| Signage, Context Sensitive | Signage that complements the built and/or natural environment in which it is placed, generally accomplished through guidelines or requirements pertaining to height, size, relative scale, siting, landscaping, architecture, construction materials, texture, lighting, and color. |
| Signs, Vehicular | Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle as parked is to advertise a product or to direct people to a business or activity located on the same or nearby property. Vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other transportation purposes. |
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| Single Housekeeping Unit | The functional equivalent of a traditional family, whose members are an interactive group of persons having close social, economic, psychological commitments to each other, jointly occupying a single-family dwelling unit as a relatively permanent household, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities and where, if the unit is rented, all adult residents have chosen to jointly occupy and be responsible for the entire premises of the dwelling unit whether under a single or multiple written rental agreements or leases, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. |
In determining whether individuals living together are the functional equivalent of a family, the following criteria shall be considered: (a) Length of stay together among the occupants in the dwelling unit. (b) The presence of minor, dependent children regularly residing in the household. (c) The presence of an individual acting as head of household. (d) Proof of sharing expenses for food, rent or ownership costs, transportation, insurance, utilities, and other household expenses. (e) Common ownership of furniture and appliances and the common use of vehicles among the members of the household. (f) Whether the household is a temporary living arrangement or a framework for transient living. (g) Whether the composition of the household changes from year-to-year or within the year. (h) Whether each of the occupants uses the address of the dwelling for their vehicle registration, drivers' licenses, passports, bank accounts, bills, loans, tax returns, and other licenses and permits, etc. (i) Whether the occupants share the entire dwelling unit or act as separate boarders. (j) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family. | |
| Site Plan | A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features. |
| Site Specific Development Plan | A dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, street pattern and other similar features. |
| Sketch Plan | A plan, drawn to scale, which provides the following information: vicinity map, property lines, location of existing building, location of proposed buildings and their dimensions, proposed use, distance between property lines and proposed buildings, square footage, and existing parking area. |
| Slope | Degree of deviation of a surface from the horizontal that is measured as a numerical ratio or percent. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), e.g., 2:1. Slope can also be expressed as the rise over the run when used in building applications when referencing roof pitches, e.g., 6:12. |
| Small Engine Repair and Services | The repair of machines driven by small fuel powered engines, compressed air or electric motors such as lawn mowers, tillers, weed trimmers, jackhammers, power saws, drills and chain saws but not including motor vehicles, tractors, earth moving equipment and similar self-propelled machines. |
| Solid Waste Transfer Station | A fixed facility where non-hazardous solid waste materials are taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility. |
| Special Event | Any organized event, specifically including, but not limited to, a circus, carnival, cultural event, fair, party, communal camping, or celebration, which may reasonably be expected to increase the risk of: (1) Damage to public or private property, beyond normal wear and tear; (2) Injury to persons; (3) Public or private disturbances or nuisances; (4) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; (5) Significant additional police, fire, trash removal, maintenance, or other public services demands; or (6) Other significant adverse effects upon the public health, safety, or welfare. The term "special event" shall not include any organized activities conducted at sites and facilities that are legal uses and structures under this Ordinance and that are typically intended and used for such activities. Examples of such activities include, but are not necessarily limited to, sporting events such as 10K runs not held on public rights-of way, golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls; funeral services; religious services; or noncommercial activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multi-family residential development. |
| Special Use Permit | A permit issued in accordance with Section 5.11 of this Ordinance to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as Conditional Use Permits. |
| Square | An open space area that is surrounded by streets and/or buildings, that is accessible by the pedestrian, and that includes walks, lawns and trees. As opposed to a "plaza," a "square" consists primarily of landscaped and natural areas. |
| Stadium | A structure or facility designed, intended, or used primarily for outside athletic events and containing seating for over one hundred (100) spectators of those events, but not including a racetrack or any structure within a publicly owned park. The sale of beverages, snack foods, and sundries geared to on-premise consumption or usage by spectators shall be permitted. |
| Staging Space | An area of temporary standing storage for one automobile awaiting drive-in service or commodity pickup. |
| Storage Building Sales and Display | A retail establishment primarily engaged in the sale and display of storage buildings and sheds, gazebos, greenhouses, and other accessory structures primarily intended for residential use. |
| Storage, Open or Outdoor | The keeping of any goods, materials, equipment or any other item or items (with the exception of vehicles normally used for transport) outside in the open or under a structure containing a roof but no walls. |
| Story, Building |
That portion of a building included between the surface of any floor and the surface
of the floor next above, except that the topmost story shall be that portion of a
building included between the surface of the top most floor and the ceiling or roof
above.
For purposes of this Ordinance, when the floor area of single-family and two-family dwellings is partially or wholly built into the framing of the roof or where the upper level gross floor area is less than seventy (70) percent of the lower gross floor area it will be considered one story. |
| Street | A dedicated public right-of-way for vehicular traffic not less than fifty (50) feet in width. The word "street" includes, but is not limited to, "road, roadway, freeway, highway, expressway, drive, avenue, court, way, place, circle, lane, boulevard, and thoroughfare." |
| Street, Center-line | The line surveyed and monumented as the center line of the street; or, if such center line has not been surveyed, it shall be the line running midway between the curbs or ditches of such street. |
| Street, Collector | A roadway that, while providing access to abutting land parcels, enables moderate volumes of traffic to move efficiently between local streets and the major street network. |
| Street, Dead End | Any street having but one outlet for vehicular traffic. |
| Street, Freeway | A major thoroughfare providing for high-speed mobility and having no at-grade crossings. |
| Street, Half | A partial dedicated public right-of-way. |
| Street, Major Thoroughfare |
Also see "Principal Arterial"
A street which is connected to a network of continuous routes that serves statewide or interstate traffic as shown on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Street, Marginal Access | A street which is parallel to and adjacent to a freeway or a major thoroughfare and which purpose provides access to abutting properties and protection from through traffic. |
| Street, Minor Thoroughfare |
Also see "Minor Arterial"
A street leading to, or connecting major thoroughfare streets and carrying predominantly through traffic as shown on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Street, Residential | A street predominantly used to provide access to abutting residential properties. |
| Street Right-of-Way | An area of land occupied or intended to be occupied by a public street, for such purpose, areas claimed by a municipality or the State of North Carolina for such purposes, or actually used for such purposes. |
| Structure | A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. |
| Structure, Accessory | A structure separate and subordinate to the principal structure located on the same lot as the principal structure used for purposes customarily incidental to the principal structure. An accessory structure may also be referred to as an "accessory building." Stormwater facilities shall not be deemed accessory structures. |
| Structure, Detached | A structure having no party wall or common wall or other physical attachment or connection with another structure. |
| Structure, Nonconforming | Any structure lawfully existing on the effective date of these regulations, or any amendment to it rendering such structure nonconforming, which does not comply with all of the standards and regulations of these regulations or any amendment thereto. |
| Structure, Permanent | A structure constructed for permanent occupancy that is in compliance with all applicable North Carolina building codes and all applicable local and State standards. |
| Structure, Principal | A structure containing the principal use which takes place on the lot. A principal structure may also be referred to as a "principal building." |
| Structure, Temporary | A structure not intended for permanent occupancy and designed for easy removal off premises. Examples include, but are not limited to: produce stands, revival tents, mobile classrooms, etc. |
| Subdivider | Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. |
| Subdivision | The division of land for the purpose of sale or development as specified in G.S. 160D-802 as follows: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and 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 the subdivision regulations enacted pursuant to this Ordinance: |
| 1. The combination or recombination of portions of 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 and regulations prescribed by the Ordinance; | |
| 2. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved. | |
| 3. The public acquisition of strips of land for the widening or opening of streets, or for public transportation system corridors. | |
| 4. The division of a tract in single ownership whose entire area is no greater than two (2) acres and into not more than three (3) lots where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards contained herein. | |
| 5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with the intestate succession under Chapter 29 of the General Statutes. | |
| 6. A local government may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met: | |
|
1. The tract or parcel to be divided is not exempted under subsection (2) above.
2. No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division. 3. The entire area of the tract or parcel is greater than 5 acres. 4. After division, no more than three lots result from the division. 5. After division, all resultant lots comply with all of the following: a. All lot dimension size requirements of the applicable land use regulations, if any. b. The use of the lots is in conformity with the applicable zoning requirements, if any. c. A permanent means of ingress and egress is recorded for each lot. | |
| Subdivision Administrator | The person designated by the City Manager to perform the function and exercise the responsibilities assigned by this Chapter to the Subdivision Administrator. |
| Subdivision, Major/Unified Development |
A subdivision where:
1. New streets (public or private) are proposed, or 2. the entire tract to be subdivided is greater than ten (10) acres in size; or 3. where more than five (5) lots will result after the subdivision is completed or 4. where extension of any sewer or water system is required. |
| Subdivision, Minor/Unified Development |
A subdivision where:
1. no new streets (public or private) are proposed; and 2. the entire tract to be subdivided is ten (10) acres or less in size; and 3. where no more than five (5) lots will result after the subdivision is completed and 4. where no extension of any sewer or water system is required. |
| Swim/Tennis Club | A private outdoor recreation facility featuring a swimming pool and/or tennis courts. The facility (depending on its zoning district) may be run either as a private club (in commercial and residential districts) or as a commercial use (in commercial districts only). Other on-premise may include racquetball, basketball and similar outdoor courts. Golf courses shall not be allowed. |
| Swimming Pool | A receptacle for water, or an artificial pool of water having a depth at any point of more than two (2) feet and with a capacity of more than one thousand (1,000) gallons, designed or intended for the purpose of swimming or recreational bathing. |
| Swimming Pool Sales, Service and Supplies | A facility where swimming pools and swimming pool-related products are displayed and sold. Such facility may have the outdoor display of products for sale. |
| Tattoo Parlor/Body Piercing Establishment | An establishment whose principal business activity is (1) placing ink under the skin using needles that result in the coloration of the skin or (2) for piercing of the body (other than for the ear). |
| Taxidermist | A facility used for the operation of a taxidermy business. |
| Technical Review Committee (TRC) | As part of the assigned duties by this Ordinance, the TRC is a staff committee which has the authority to review and approve final plats for minor subdivisions/unified development and which may make decisions on preliminary plats for major subdivision/unified developments. |
| Telecommunications Equipment Buildings | The buildings in which the electronic receiving and relay equipment for a telecommunication facility are housed. |
| Theater, Outdoor Movie | A facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile. |
| Thoroughfare | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Thoroughfare Plan | The most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Tire Recap Facility | A facility engaged in the business of recapping tires. |
| Tire Sales, New and/or Used | A place where the principal use is the sale or installation of new, used or retread tires and tubes to the general public. Tires may be stored, maintained, altered, repaired, changed, prefabricated or disposed on the premises. Other ancillary indoor car repair services (other than services associated with a "body shop") may be provided on premises. |
| Tower, Lattice | A freestanding and self-supporting structure consisting of connected sections of metal supports used to support telecommunication equipment. These towers can be either three- or four-legged steel girdered structures designed typically to support multiple telecommunications users. |
| Tower, Monopole | A freestanding and self-supporting single pole structure that supports telecommunication equipment. |
| Tower, Stealth | A tower facility that is designed and constructed in a manner such that the antenna, support apparatus and associated structures are aesthetically and architecturally appropriate and consistent with regards to an existing structure or the immediate area in which the tower is located. Examples include, without limitation, church steeples, bell towers, flag poles, towers camouflaged as trees, etc. Where a tower is disguised as a tree, the appearance of the tower shall be consistent with tree species found locally. |
| Tower, Radio and Television Broadcast | A tower and/or associated station which receives and/or sends radio and/or television waves such as radio towers. This definition does not include amateur radio antennae. |
| Townhouse | A form of single-family attached dwelling where three (3) or more dwelling units located on separate lots are joined by a common building wall. |
| Tract, Parent | A parcel or tract respectively, lawfully in existence on the effective date of this Ordinance, from which lots are subdivided from and created. |
| Traditional Neighborhood Development (TND) | A development that exhibits the principles and characteristics as outlined in Section 8.1.13. |
| Traffic Impact Analysis/Study | A report produced by a qualified professional (i.e. Transportation Engineer, Transportation Planner, Traffic Engineer, etc.), in association with subdivision plat approval that, at a minimum, addresses the following items in relationship to the proposed subdivision: |
| a. An estimation of traffic generated; | |
| b. An estimation of trip distribution to and from the development; | |
| c. An analysis of the existing road system serving the development (to the nearest major intersections) and the effect of the development on that system; | |
| d. A listing of proposed improvements, both on and off-site, and their effect on the existing system. | |
| Train Terminal | See "Bus or Train Terminal, Passenger" |
| Transit Station | Any premises designed for the loading and unloading of rail and/or bus passengers from a public transit system. May include incidental, related uses, such as meeting facilities, newsstands, and incidental office and retail uses. Facilities commonly referred to as "bus stops" and which are designed to accommodate a handful of passengers (at most) at one time, shall not be considered as being "transit stations." |
| Transitional Housing Facility | A facility operated and funded by a nonprofit, charitable, religious, or governmental organization that provides temporary housing, which may also include meals, to not more than twelve (12) persons. The term "temporary" as used in this definition shall mean a facility that has rules limiting stay to ninety (90) days or a progressing (stepped) program toward client independence that does not exceed eighteen (18) months. Any such facility must provide support services, including but not limited to counseling on an ongoing basis to residents to comprehensively assist the residents with their needs such as homelessness, employment, health and behavioral matters, and life skills. |
| Tree, Canopy | A tree, either single or multi-stemmed (i.e., in clump form) that is of a species which, at maturity, can be expected to reach a height in excess of forty (40) feet under normal growing conditions in the local climate. If the tree is single-stemmed, it shall have a caliper of at least two (2) inches at the time of planting. Multi-stemmed trees shall be at least ten (10) feet in height at the time of planting. |
| Tree, Understory | A tree, either single or multi-stemmed (i.e., in clump form) that is of a species, which, at maturity, can be expected to reach a height of ten (10) to forty (40) feet under normal growing conditions in the local climate. If the tree is single-stemmed, it shall have a caliper of at least one and one-half (1.5) inches at the time of planting. Multi-stemmed trees shall be at least five (5) feet in height at the time of planting. |
| Truck Stop | A facility typically offering multiple services to the traveling public that is particularly designed to serve the need of freight trucks and their drivers. Such facilities typically include fuel stations (dispensing fuel for trucks, and perhaps, for automobiles), one or more eating establishments and/or sale of prepared food, sales of convenience and sundry items, shower facilities, and overnight lodging facilities. Not all such facilities are provided at all truck stops. The foregoing definition distinguishes a "truck stop" from (1) a convenience store, (2) mini-mart, express fuel, (3) shopping center, and (4) planned multi-tenant development. |
| Truck Terminal | A facility where cargo is stored and where trucks load and unload cargo on a regular basis for delivery. |
| Truck and Utility Trailer Rental Facility | An establishment where trucks and trailers, not including tractor-trailer trucks or their component units, are to be rented to the general public. Such vehicles may be dropped off at the same or at some other facility. Such uses may be allowed as an accessory use to an existing auto service station where the service station is a use by right in the zone in which it is located. Such rental trucks and trailers shall be parked in designated parking spaces, which are not counted for meeting any off-street parking requirements. |
| Truck Washing Facility | A commercial establishment primarily engaged in the washing of tractor-trailer trucks. Such washing shall be done using self-service facilities or by fully automated machines. |
| Twin House | Two (2) dwelling units on separate lots joined by a common building wall along the property line. |
| Unified Development | One or more tracts of land developed as a single entity to be occupied by separate families, firms, businesses, or other enterprises. Development may be one or more principal structures on one or more lots. Interior lots may be served by private streets within the development. Provided, however, the following land uses located on the same lot as a principal use and in connection with said use, shall not alone make a development a unified development: |
| (1) A residence for a minister on the same lot as a church; | |
| (2) A single residence, located on the same lot as a golf, tennis, or swim facility for the purpose of occupancy by the owner, caretaker, or manager of such facility; | |
| (3) An automated teller machine (ATM), automated film deposit facility, automated recycling facility, or similar automated facility (i.e., operated without personnel other than for periodic servicing) within the parking lot of the principal use; | |
| (4) An "in-store adjunct business," | |
| Use, Accessory | A use that is customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. |
| Use By Right | See "Use, Permitted" |
| Use, Conditional | A use category, indicated by a "C" in Table 7.1-1, that is allowed only if it is reviewed and approved in accordance with the conditional use procedures of Section 5.11. |
| Use, Incidental | A use located on the same lot as a primary use, but is subordinate and minor in significance to the principal use, and bears a reasonable relationship with the principal use. |
| Use, Nonconforming | A use or activity which does not conform to the use regulations of this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments which are incorporated into this Ordinance at some future date. |
| Use, Permitted | A use category, indicated by an "X" in Table 7.1-1 that is allowed by right in a certain zoning district. These uses are subject to all other applicable regulations of this Ordinance. |
| Use, Principal | The primary or predominant use of any lot. |
| Use, Temporary | A land use or structure this is needed or in place only for short periods. |
| Used Tire Dealer (Principal Use) | A commercial establishment primarily engaged in the sale of used tires. No more than twenty-five (25) percent of the inventory shall be stored out of doors at any time. All outdoor storage and display shall be situated on racks and screened from the public street (day and night). |
| Variance | A relaxation of the strict terms of a specific provision of this Ordinance as approved by the Board of Adjustment in accordance with the provisions of Section 5.14 of this Ordinance. |
| Vehicle, Commercial | A truck of any type used or maintained primarily to transport material or to operate a power attachment or tool. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle, except for passenger vehicles having such affixations. |
| Vehicle, Emergency | A vehicle of a police or fire department, rescue squad, or similar public service agency that is used in response to an emergency call. |
| Vehicle, Inoperable | A vehicle that for a continuous period of more than seventy-two (72) hours has been in a state of disrepair and is incapable of being moved under its own power. |
| Vehicle, Junked | Per G.S. 160A-303, a motor vehicle that does not display a lawful and valid license plate and: |
| (i) is partially dismantled or wrecked; or | |
| (ii) cannot be self-propelled or moved in the manner in which it was originally intended to move; or | |
| (iii) is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00). | |
| Vehicle, Passenger | An automobile, van, or pickup truck used exclusively as a passenger vehicle and/or for hauling property of the owner. Pickup trucks may qualify as passenger vehicles only when used exclusively as passenger vehicles or for hauling property of the owner and not equipped as a camper or a commercial vehicle. |
| Vehicle, Recreational | A vehicle that is designed as a temporary (as opposed to permanent) dwelling for travel, recreational or vacation uses. This term shall include "camping trailer," "motor home," "travel trailer," "truck camper" and "R.V." This term shall not include "manufactured homes" or "modular homes." |
| Vehicle, Septic Tank | A vehicle used primarily for the purpose of cleaning, maintaining and repairing septic tank systems. |
| Vehicle, Solid Waste | A vehicle used primarily for the transport of solid waste. |
| Vested Right | The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific site and/or subdivision plan or through a "common law" vested right as described in Section 3.2.3(B). |
| Wall, Building | The entire surface area, including windows and doors, of an exterior wall of a building. As used in this Ordinance, the area of a wall will be calculated for a maximum of fifty (50) feet in height of a building. The term may also be referred to simply as a "wall" or "exterior wall." |
| Wall, Shared | A common or shared wall between two (2) separate structures, buildings, or dwelling units. |
| Warehouse | A building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one or more lessees of space in the facility of both, with access to contents only through management personnel. |
| Water, Public | Any water system defined as such by the North Carolina Division of Health Services that complies with the regulations of the North Carolina Division of Health Services and the community water system standard Ordinance adopted by the City of Gastonia. |
| Wholesale Sales Operation | A place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. The majority of all sales of such businesses shall be for resale purposes. The zoning administrator may require proof of this through sales tax reports. Wholesale clubs and similar membership warehouses, where membership is easily available to the consuming public, and similar businesses shall not be deemed "wholesale sales operations" but rather shall be considered a retail sales operation. |
| Wireless Communications | Any personal wireless service, including but not limited to: cellular; personal communication services (PCS); specialized mobile radio (SMR); enhanced specialized mobile radio (ESMR); and, unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging). |
| Wireless Facility |
Equipment at a fixed location that enables wireless communications between user equipment
and a communications network, including (i) equipment associated with wireless communications
and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include any of the
following:
a. The structure or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. |
| Wireless Services | Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities. |
| Wireless Support Structure | A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure. |
| Winery (including vineyard) | An establishment, whether as a principal or accessory use, which manufactures or produces wine or sparkling wine. |
| Wood Waste Grinding Operation | A facility where organic wastes are treated or processed for recycling or reuse in soil-plant related industries, including activities such as grinding or chipping land clearing debris, high carbon wood waste, nitrogen yard waste, and untreated and unpainted pallets or construction wood waste into mulch or fuel. |
| Working Days | Days exclusive of Saturdays, Sundays, and legal holidays observed by the City of Gastonia. |
| Yard, Front | An area measured between the edge of the public street right-of-way line, and the front of a building, projected to the side lot lines. On corner lots, the front yard shall be measured perpendicular from the street lot line having the shortest linear footage. If both street lot lines have equal linear footage, the property owner shall determine the location of the front yard where no principal structure is located. If a principal structure is located on such a lot, the front yard shall be based on the architectural orientation of the building. The determination of front (side and rear yards) in a planned multi-tenant development shall be considered on a case-by-case basis. |
| On through lots, the required front and rear yard setbacks shall each equal or exceed the greater required front or rear yard setback, which would normally be applied in that zoning district. For example, if a through lot were located in a zoning district which normally required a 30-foot front setback and a 35-foot rear setback, both front and rear setbacks would each have to be a minimum of thirty-five (35) feet. Accessory structures may generally only be placed on through lots in the rear yard. The front yard shall be determined based on the architectural front of the proposed structure and other structures on the same block and side of the street. | |
| On through lots within commercial zoning districts, the required front and rear yard setbacks illustrated above may be reduced by ten (10) feet. For example, if a through lot were located in a commercial zoning district which normally required a 30-foot front setback and a 20-foot rear setback, both front and rear setbacks on a through lot may be reduced to a minimum of twenty (20) feet. Where setback relief is granted opposing a residential lot, street trees shall be installed along said property boundary. The setback provisions within TH thoroughfare overlay districts shall remain unchanged. | |
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| Yard, Rear | A yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto and passing through the point of the principal building nearest the rear lot line. |
| Yard Sale | The sale or offering for sale to the general public of over five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. This may also be referred to as a "garage sale," "carport sale," or "rummage sale." |
| Yard, Side | A space extending from the front yard to the rear yard between the principal building and the side lot line as measured perpendicular from the side lot line to the closest point of the principal building. |
| Zoning District, Commercial | The commercial zoning districts include the Central Business District (CBD), Urban Mixed Use (UMU), Light Commercial (C-1), Highway Commercial (C-2), and General Commercial (C-3) districts. |
| Zoning District, Conditional | A zoning district that is enacted at the request of the property owner and what is approved in a legislative manner by the governing board. Fair and reasonable conditions not otherwise spelled out in the Ordinance may be attached to such approval. Both the applicant and the governing board shall mutually agree upon such conditions prior to the adoption of such a zoning district. |
| Zoning District, General | A section or portion of the City of Gastonia within which certain zoning regulations and requirements governing the use of buildings and land apply under the provisions of this Ordinance. |
| Zoning District, Industrial | The industrial zoning districts include Light Industrial (I-1), General Industrial (I-2), Exclusive Industrial (I-3), and Urban Industrial (IU) districts. |
| Zoning District, Office | The office zoning districts include Transitional Mixed Use (TMU), Office/Light Commercial (OLC), Office (O-1) and the Medical Office (OM) districts. |
| Zoning District, Overlay | A zoning district established under this Ordinance that prescribes special regulations to be applied to a site in combination with the underlying or base district. |
| Zoning District, Residential | The residential zoning districts include three (3) "rural residential" districts, RSF, RSB and RSC and four (4) "urban residential" districts, RS-20, RS-12, RS-8 and RMF. |
| Zoning District, Urban Standards Overlay | An overlay district, as described in Section 6.3 of this Ordinance, that prescribes certain design and performance standards on new developments, other than single- and two-family dwellings, in designated urban and urbanizing areas of the planning jurisdiction. |
| Zoo | An area, building or structure that contain animals on exhibition for viewing by the public. A petting zoo located on the premises of a "botanical garden," as herein defined, shall not be classified as a "zoo." Rather, this shall be considered as an accessory use to the "botanical garden." |
(Ord. No. 10-578, § 1, 2-16-10; Ord. No. 10-585, § 1, 8-17-10; Ord. No. 11-593, § 1, 8-2-11; Ord. No. 11-594, § 1, 9-6-11; Ord. No. 12-600, § 2, 2-7-12; Ord. No. 12-610, § 1, 5-15-12; Ord. No. 14-630, § 1, 2-18-14; Ord. No. 14-635, § 1, 11-18-14; Ord. No. 16-646, § 2, 5-17-16; Ord. No. 16-651, § 1, 10-18-16; Ord. No. 17-651, § 1, 3-21-17; Ord. No. 17-662, § 8-15-17; Ord. No. 19-691, § 1, 8-20-19; Ord. No. 18-678A, § 1, 9-18-18; Ord. No. 20-695, § 1, 2-18-20; Ord. No. 20-697, § 1, 3-17-20; Ord. No. 20-725, § 1, 9-1-20; Ord. No. 21-737, § 1, 5-18-21; Ord. No. 21-739, § 1, 6-15-21; Ord. No. 21-742, § 1, 8-10-21; Ord. No. 21-746, § 1, 9-21-21; Ord. No. 21-753, § 1, 12-21-21; Ord. No. 22-761, § 1, 4-5-22; Ord. No. 24-813, § 2, 9-17-24; Ord. No. 25-828, § 1, 4-15-25; Ord. No. 25-832, § 1, 7-15-25)
INTERPRETATIONS; RULES OF CONSTRUCTION; DEFINITIONS
A.
Each lot and tract located within the territorial jurisdiction of this Ordinance shall be located in one or more zoning districts contained in this Ordinance. The map identifying the location of such zoning district boundaries shall be identified as the "Official Zoning Map." Such map shall contain the signature of the chief elected official and shall be attested by the Clerk. If the Planning Commission or City Council enacts subsequent zoning map changes, such changes shall be made upon the Official Zoning Map. No changes to any zoning district boundaries shall be made on the Official Zoning Map except in conformance with the procedures set forth in this Ordinance.
B.
The Official Zoning Map may be comprised of one or more sheets or digital maps, properly identified as such, which shall be on file with the office of the UDO Administrator. Land within zoning districts on the Official Zoning Map shall be classified with a zoning district designation, which shall supersede any contrary designation on a former Official Zoning Map. Regardless of the existence of any purported copy of the Official Zoning Map, the Official Zoning Map in the UDO Administrator office shall be the final authority as to the current zoning status of a piece of property in accordance with G.S. 160D-105(a). A duplicate copy of the Official Zoning Map shall be located in the office of the City Clerk.
(Ord. No. 21-739, § 1, 6-15-21)
Where uncertainty exists with respect to the boundaries of the zoning districts shown on the Zoning Map, the following rules shall be used to interpret the maps:
A.
Where a map shows a boundary line located within a street or alley right-of-way, railroad or utility line right-of-way, easement, or navigable or non-navigable waterway, it shall be considered to be in the center of the right-of-way, easement, or waterway. If the actual location of such right-of-way, easement, or waterway varies slightly from the location as shown on a map, then the actual location shall control. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.
B.
Where a map shows a boundary line as being located a specific distance from a street line or other physical feature, that distance shall control.
C.
Where a map shows a district boundary to approximately coincide with a property line or city, town, or county border, the property line or city, town, or county border shall be considered to be the district boundary, unless otherwise indicated.
D.
Where a map shows a district boundary not coincide or approximately coincide with any street, alley, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the map.
E.
In instances when a zoning case file contains detailed information regarding the boundary, that information will be used as the correct boundary location.
F.
If it is alleged by any party that an error exists on the zoning maps with respect to any zoning district designation, zoning district boundary, special use permit or conditional district boundary, historical district boundary, the lines showing the effective dates of zoning enactment or any other matter with respect to the provisions of this Ordinance relating to zoning information, the party may request a review of the alleged error by the Board of Adjustment.
G.
Reserved.
H.
Whenever a single lot is located within two (2) or more different zoning districts. Each portion of that lot shall be subject to the regulations applicable to the district in which it is located.
A.
Whenever any requirement of this Ordinance results in a fraction of a unit, a fraction of a half or more will be rounded up to the next whole unit and a fraction of less than a half will be disregarded. Whenever a density calculation for a lot of record existing prior to January 21, 1997 results in less than one dwelling unit being permitted, the fractional requirement will be disregarded and one dwelling unit will be permitted.
B.
Distance separations for various uses are required for many uses in this Ordinance. Unless otherwise specified, the following rules shall apply in determining such measurements.
1.
Measurements shall be made from lot line to lot line (rather than from the edge of a building footprint).
2.
Measurements shall be made using the shortest straight-line distance (i.e., "as the crow flies") between lots.
This Ordinance contains numerous graphics, pictures, illustrations and drawings. However, in case of conflict between the text and a graphic, picture, illustration or drawing or any other depiction, the text shall control.
A.
Where the provisions of this Ordinance are inconsistent with those of the state or federal government, the more restrictive provisions govern, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
B.
Where the provisions of this Ordinance are inconsistent with one another, or are in conflict with provisions found in other adopted Ordinances or regulations adopted by the City of Gastonia, the more restrictive provisions shall govern. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
C.
This Ordinance is not intended to interfere with, abrogate, or annul any deed restriction or other agreement between private parties. The City of Gastonia and its staff shall not enforce any such private agreements.
A.
The following rules shall be followed in interpreting words and terms used in this Ordinance.
1.
Words used in the present tense include the future tense.
2.
Any reference to any section shall mean a section of this Ordinance, unless otherwise specified.
3.
The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.
4.
The word "lot" includes the word "plot" or "parcel."
5.
The words "must" or "shall" are always mandatory and not merely directory.
6.
The word "may" is permissive in nature, except when the context of the particular use is negative. In such case it is mandatory.
7.
Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.
8.
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
9.
The word "Zoning Map", or "Gastonia Zoning Map", or "Official Zoning Map" shall mean the Official Zoning Map of Gastonia, North Carolina.
10.
Any word denoting gender includes the female and the male.
11.
The term "City Council" shall mean the "City Council of Gastonia, North Carolina."
12.
The term "Planning Commission" shall mean the "Planning Commission of Gastonia, North Carolina."
13.
The term "Board of Adjustment" shall mean the "Board of Adjustment of Gastonia, North Carolina (enter name of community)."
14.
The terms "Zoning Administrator", "UDO Administrator", "Subdivision Administrator" or "Administrator", shall refer the person(s) administrating said Ordinance.
15.
The term "Street" shall mean "Road."
16.
The term "City" shall mean City of Gastonia.
(Ord. No. 21-739, § 1, 6-15-21)
A.
A list of definitions of terms, phrases and words used in this Ordinance follows. Other terms that are defined elsewhere in this Ordinance are found in Chapter 7 (FH Flood Hazard Overlay District) and Chapter 5 (Vested Rights). Terms that are specifically defined in this Ordinance outside of Section 2.7 shall apply solely to the Sections or Chapters as so indicated. Definitions of Terms found in Section 2.7 shall otherwise be applicable throughout the Ordinance.
B.
Words not specifically defined in this Ordinance shall be defined by reference in the following order: first, the most recently adopted version of the State Building Code; second, the Merriam-Webster Online Dictionary; and third, the American Collegiate Dictionary. The Administrator shall make the interpretation if not found in the above references.
The list of terms defined in this Ordinance and shown in Table 2.7-1 is as follows:
The list of terms defined in this Ordinance and shown in Table 2.7-1 is as follows:
| TABLE 2.7-1—DEFINED TERMS | |
|---|---|
| Term | Definition |
| ABC Store | A retail establishment at which liquors are sold to the general public and which is run under the auspices of the local alcohol and beverage control (ABC) board. |
| Abandoned Use | A use becomes an abandoned use when it is discontinued for a continuous period of one year or more or when the premise on which it is located is devoted to another use. |
| Abutting (Property (ies)) | See "Adjacent Property" |
| Active Construction | On-site activities such as installation, erection, fabrication, alteration, demolition or removal of structures, facilities, or additions that contribute directly to the completion of improvements contemplated or shown on construction plans. |
| Adjacent (Property (ies)) | One or more lots or tracts that abut or touch and having a boundary, or portion thereof, which is contiguous to the lot in question. Such determination shall be made by extending the exterior lot lines of the lot in question to adjacent lots and/or adjacent roads, streams, easements or rights-of-way. The term "adjacent" or "adjacent property" shall also mean "contiguous" or "contiguous property," "abutting" or "abutting property," "adjacent or adjacent property." An example of how this definition is to be applied is shown below: |
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| Adjoining (Property (ies)) | See "Adjacent Property" |
| Administrator | See "Administrator, Unified Development Ordinance" |
| Administrator, Unified Development Ordinance | A person (or their designee) and any other officials designated by the City Manager for the administration of this Ordinance. Such person(s) may also be referred to as the "Administrator." |
| Adult Establishment | Any structure or use of land that meets the definition of "Adult Establishment" as outlined in G.S. 14-202.10 and includes, but is not limited to adult video stores and adult hotels. |
| Adult Hotel | A hotel, motel, or similar establishment that: |
| (1) Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes; or | |
| (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or | |
| (3) Allows a tenant or occupant of a sleeping room to sub-rent a sleeping room for a period of time that is less than ten (10) hours. | |
| Agricultural Use | The commercial production of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; rheas, ostrich, emu, livestock, including beef cattle, sheep, swine, llamas, horses, ponies, (NOTE: Horses and ponies must be raised commercially on a horse farm for the purpose of sale to qualify as an "agricultural use" and are distinct from riding stables or boarding facilities, which do not quality as an "agricultural use"), mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts; vegetables; nursery, floral and ornamental products; or lands devoted to a soil conservation or forestry management program. In addition, an "agricultural use" shall also include land used as pasture or in the commercial production of fish hatcheries or aquaculture. |
| An "agricultural use" shall also include the keeping of livestock for commercial or noncommercial purposes. Livestock includes but is not limited to: poultry and hoofed animals such as cattle, horses, swine, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. Not included in this definition are the commercial slaughtering of animals for marketing and farm tenant dwellings. Other uses which shall not be deemed as "agricultural uses" include zoos and kennels. | |
| For the purposes of this Ordinance, "agricultural uses" are divided into three (3) classes: | |
| • Agricultural Uses, Class I. The growing of all agricultural and horticultural products (e.g., corn, soybeans, cotton) except nurseries and commercial greenhouses. | |
| • Agricultural Uses, Class II. Riding academies, riding corrals and tracks, and boarding stables; any other animal husbandry except that listed herein as a Class III use. Hog parlors, however, shall not be considered a Class II use. | |
| • Agricultural Uses, Class III. Dairy barns; high-density cattle pens; stock yards; poultry houses; manure storage, hog and rabbit meat production centers on ten (10) acre minimum tracts. | |
| Airport | A facility where aircraft can land and take off on a recurring basis and which is equipped with hangers, refueling facilities and/or repair facilities. |
| Airstrip | An area of land or water that is designed or used on a recurring basis for the landing and takeoff of aircraft, ultra lights, model airplanes or other flying apparatus excluding hot air balloons and which does not contain hangers, refueling facilities or repair facilities. |
| Alley | Any public way or private way that is not defined as a street serving more than two (2) buildings and being equal or less than fifty (50) feet in width. |
| Alteration | A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use. |
| Amusement and Sporting Facility, Indoor | A for-profit commercial facility providing entertainment or games of skill activities to the general public for a fee and that is wholly enclosed in a building. This shall include, but not be limited to: a bowling alley, indoor paintball facility and movie theatre. This definition does not include game rooms. |
| Amusement and Sporting Facility, Outdoor | A for-profit commercial facility providing recreational activities outside of an enclosed building and requiring minimal modifications to the existing setting. Typical uses include: miniature golf, golf driving range, batting cage, skate parks, rock climbing walls and similar uses, but does not include a stadium, paintball, race tracks, outdoor firing ranges, amusement parks, or go karts. |
| Animal Hospital (Indoor) | A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. All facilities associated with an animal hospital shall be located indoors. |
| Animal Hospital (With Outdoor Kennel) | A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. Facilities may be located outdoors and may include but not be limited to: kennels and training/ exercise areas. |
| Animal Kennel | A place where more than six (6) dogs or other domesticated animals are groomed, bred, boarded, trained, kept or sold either as a principal use or accessory to a residential use. |
| Animal Shelter | See "Animal Kennel" |
| Antenna | Any system of wires, poles, rods, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building. |
| Antenna, Amateur Radio | An antenna owned and utilized by a FCC-licensed amateur radio operator. |
| Apartment | A room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family and is located in a building that contains two (2) or more such rooms or suites. |
| Appeal | An appeal to the Board of Adjustment where it is alleged that there is error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance. |
| Art Gallery | A commercial establishment where individual pieces of art are sold to the general public on a retail basis. Works of art may also occasionally be sold on an auction basis at such an establishment. |
| Arterial, Minor | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). Roads designated as "minor thoroughfares" shall also be classified as "minor arterials" for purposes of this Ordinance. |
| Arterial, Principal | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). Roads designated as "major thoroughfares" shall also be classified as "principal arterials" for purposes of this Ordinance. |
| Assisted Living Center | An institution licensed by the state as an "assisted living residence" and which provides, at a minimum, one meal a day, housekeeping service and personal care services to seven (7) or more aged or disabled residents. |
| ATM | See "Automatic Teller Machine" |
| Auction Gallery | An establishment which specializes in the display, auctioning, and sale of items such as paintings, jewelry, decorative arts, smaller craft items, home furnishings, and fine arts. |
| Auction House | A facility that is used for the purpose of having auctions on a regularly established basis. Auctions may be held indoors or outdoors. |
| Audio Visual Producing and Recording Service | A business, which provides a service of producing recorded audio and video materials or motion pictures for artistic, advertising, sales, documentary or educational purposes. Such facilities generally involve small studios with production equipment but are not involved with the mass production of audio-video tapes, laser discs and similar media for sales or distribution purposes, nor involved with the production of motion pictures involving large on-site sound stage filming facilities. |
| Auditorium/Assembly Hall/Amphitheatre | A structure or facility designed, intended, or used primarily for outside and/or inside performing art events or other spectator events and contains seating for spectators of those events. The sale of beverages, snack foods, and sundries geared to on-premise consumption or usage by spectators shall be permitted. |
| Automated Teller Machine (ATM) | An automated device that performs banking or financial functions at a location outside of or remote from the controlling financial institution. Such facility may also be referred to as an "ATM." |
| Automobile Body Shop | Any building, premises and land in which or upon which a business is conducted that primarily involves the painting of vehicles or external repairing of damaged vehicles. |
| Automobile Club | An establishment which contracts out emergency auto services (e.g., fixing of flat tires, opening locked doors) to members through a network of independent automobile service stations. On-premise services including the sale of travelers checks, travel guides, and travel agency services, may also be provided to club members and the general public. |
| Automobile Detail Shop | An establishment engaged in the hand cleaning and waxing of automobiles. Such activities may take place indoors and outdoors. Such establishments are distinguished from "car washes" in that there is no automated equipment involved with the cleaning or waxing the vehicles. No more than three (3) cars can be stored on-site overnight. |
| Automobile Reconditioning Shop | An establishment that contracts with automobile dealers or other agencies to recondition vehicles. Reconditioning may include minor automobile repairs, bodywork, and painting, in addition to cleaning and waxing. Such activities may take place indoors and outdoors. |
| Automobile Hobbyist | The use of a structure or building for storing and restoring automobiles for hobby purposes, with no automobile-related commercial or sales activity taking place. All vehicles shall be titled to the tenant of the building and all automobile restoration and repair shall be done indoors. |
| Automobile Parts and Supply Store | A retail establishment engaged in the selling of automobile and automotive parts, supplies, and accessories. The sale of automotive fuels (in pumps) and on-site repair and maintenance of vehicles shall be prohibited. |
| Automobile Repair Shop | A commercial establishment whose primary purpose involves the maintenance and servicing of vehicles. "Auto body work" (i.e., work normally associated with an "automobile body shop") may not be performed on premises unless the zoning district in which the use is located allows an "automobile body shop." The sale of automotive fuels and accessory automobile parts to the public may be provided on an accessory basis. Notwithstanding, an "automobile repair shop" is differentiated from an "auto parts store" in that the sale of automotive parts is not the primary service being offered. |
| Automobile Service Station | A use where vehicular fuels are sold at the retail level and where the installation of automotive items such as lubricants, tubes, batteries and similar accessories takes place and where minor automobile repair and maintenance work is conducted. Vehicle repair services (except for paint and body work) may be conducted on premises. Not more than one automatic car wash may be provided on site so long as the car wash meets all of the criteria in that zoning district for an "Automatic Car Wash." Such use shall be distinguished from a "convenience store" given that the primary product for sale is automotive fuel and not food and sundry items. |
| Automobile Towing and Wrecker Service | An establishment primarily engaged in the towing of motor vehicles and vehicular storage associated with vehicle accidents and violations. This shall not include vehicular salvaging operations or the sale of salvaged vehicular parts. This use is not to be construed as a junkyard and salvage yard. An "Automobile Towing and Wrecker Service" may be part of an "Automobile Body Shop" in zoning districts where an "Automobile Body Shop" is allowed. |
| Automobile Towing and Wrecker Service, Adjunct | A type of towing which is co-located with a full service franchise automobile new and used car dealership or an automobile body shop (herein referred to as the host use), that is owned and managed independent of the host use, and which ceases operation on the site in the event that the host use ceases operation at the site. |
| Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental | Any building, premises, and land, in which or upon the primary use of land is a business that involves the maintenance, servicing or sale of new or used automobiles, boats, heavy equipment and/or manufactured homes. This may also include light trucks (i.e. trucks weighing less than two and one-half (2.5) tons) or vans, trailers, or recreation vehicles. Also included in this definition is vehicle leasing, rental, parking service, preparation or repair work conducted as an accessory use. Notwithstanding the above, any premise upon which there is a regular sale of three (3) or more boats, vehicles, etc. shall be considered an "Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental" establishment. |
| Awning | A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not to include a canopy. |
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| Bail Bond | An office that engages in the sale or issuance of bail bonds or other financial transfers for the purpose of securing the release from jail of an accused defendant pending trial. |
| Bank | See "Financial Institution" |
| Banner | A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations. |
| Bay Window | A window or series of windows forming a bay or recess in a room and projecting outward from the wall. |
| Beacon | Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move. |
| Bed and Breakfast Inn | A use that (i) takes place within a building that prior to such establishment, was designed and used as a single-family residence, (ii) that consists of renting one or more dwelling rooms on a daily basis to tourist, vacationers and similar transients, (iii) where the provision of meals, if provision of meals is made, is limited to the breakfast meal, and is available only to guests, and (iv) where the bed and breakfast operation is conducted primarily by persons who reside in the dwelling unit, with the assistance of not more than the equivalent of one full-time employee. The maximum number of rooms available for rent shall be five (5); the maximum length of stay shall be fourteen (14) consecutive days. |
| Berm | Any elongated earthen mound designed or constructed on a site to separate, screen or buffer adjacent land uses. |
| Billboard | See "Sign, Off-premise Advertising" |
| Billiard Parlor | A business establishment open to the public whose primary source of income is from billiards. |
| Blood Plasma Facility | A facility where human blood plasma is collected from donors who may receive monetary compensation for the donation of their blood plasma. |
| Body Piercing Establishment | See "Tattoo Parlor/Body Piercing Establishment" |
| Botanical Garden | A facility owned by a public or private nonprofit entity containing at least ten (10) acres of land that is primarily used for the public display and conservation of plants and related botanical education and research purposes. Such facility may also include the following facilities: conservatories; greenhouses; plant maintenance and propagation facilities; visitor centers; museums; education and research facilities; trails; boat touring and mooring facilities; bird, insect and waterlife observation facilities; living farm museums; petting zoos; concession facilities including meeting rooms, eating establishments, lodging and gift shops; and permanent housing for caretakers and other on-site employees. |
| Boundary Structure | A brick, stone, stucco or other decorative masonry, wooden, iron or vinyl clad metal fence, excluding chain link and wire fences, constructed entirely or partially around a single-family subdivision, a multifamily or multi-tenant development. Such walls or fences, regardless of their length, also include structures constructed as a signature entrance to a single-family subdivision, a multifamily complex or an office, business or retail complex. |
| Brew Pub | A commercial establishment which meets the definitions of a restaurant under the requirements of this Ordinance and North Carolina ABC laws, which establishes a minimum percentage of sales of food; and which brews beer and malt beverages primarily for the purposes of on premises consumption. |
| Breweries (including micro breweries and cideries) | An establishment, whether as a principal or accessory use, where beer is made on premises for in-house consumption and may be sold at wholesale or retail off premises. |
| Building | Any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. |
| Building, Accessory | See "Structure, Accessory" |
| Building Elevation | The view of any building or other structure from any one of four (4) sides showing features such as construction materials, design, height, dimensions, windows, doors, other architectural features, and the relationship of grade to floor level. |
| Building Face | The dominant structural feature of the elevation of any side of a building. |
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| Building Footprint | The outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof. |
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| Building Height | 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, a mansard roof, or a gable, hip or gambrel roof. Roof appurtenances such as skylights; roof structures for elevators; stairways; tanks; heating, ventilating and air conditioning equipment; or similar operating and/or maintenance equipment shall be excluded from this measurement. In computing the height of a building, the height of a basement, if below the grade from which the height is measured, shall not be included. |
| Building Materials and Lumber Sales | An establishment where lumber and building materials goods are the primary products sold. |
| Building Setback Line | A line establishing the minimum allowable distance between the nearest portion of any building (or any attached appurtenance thereof), and the nearest edge of the street right-of-way when measured perpendicular thereto. |
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| Building Permit | An official document issued by the City of Gastonia pursuant to this Ordinance and the State building code that authorizes the erection, construction, reconstruction, restoration, alteration, enlargement, conversion, remodeling, demolition, moving, or repair of a building or structure. |
| Building, Principal | A building in which is conducted the principal use of the lot on which it is situated. A multi-occupant property may have more than one principal building. |
| Bulletin Board | A board for posting notices that are designed to be read by pedestrians. |
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| Bus or Train Terminal, Passenger | Any premises for the transient housing or parking of inter-city motor-driven buses (e.g., Greyhound, Trailways) and the loading and unloading of passengers going on such bus trips. Refer to "transit station" for facilities designed to accommodate intra-city transit services. |
| Business Incubation Facility | A facility for the operation of multiple individual businesses (minimum of three (3) tenants) involved with office, service and light manufacturing activities, typically with flexible space to allow growth of the business and the intention of temporary accommodations. Retail sales at the site to the public is generally not an activity involved in these facilities. Common support (secretaries and equipment, etc.) may be shared. |
| Business Services | The provision of services required for the day-to-day operation of a business such as, but not limited to, consulting service, photocopy or office supply. Such stores may have extended operating hours. |
| Caliper | A horticultural method of measuring the diameter of a tree trunk for the purpose of size grading. The caliper of the trunk is measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, twelve (12) inches above the ground for trees greater than four (4) inches up to twelve (12) inches in diameter, and at breast height (four and one-half (4.5) feet) for trees greater than twelve (12) inches in diameter. |
| Camping and Recreational Vehicle Park | Land containing two (2) or more campsites which are located, established, or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles, or travel trailers which are used for recreation, vacation purposes or temporary housing for construction or farm workers. Occupancy for recreation or vacation purposes shall be limited to individual stays of no greater than thirty (30) days and occupancy for temporary housing shall be limited to individual stays of no greater than one hundred eighty (180) days. |
| Canopy | A permanent structure other than an awning made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy shall not be considered as being a completely enclosed structure. |
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| Car Wash, Automatic Class I | A parcel of land whose principal use is a facility for washing automobiles using a chain conveyor or other method of moving cars along, or moving an automatic washing device along, and automatic application of cleaner, brushes, rinse-water and heat for drying. Accessory self-vacuuming facilities shall be allowed. The retail sale of fuels may also be provided in an accessory capacity. |
| Car Wash, Automatic Class II | A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done using a combination of automatic washing devices and manual labor provided by the commercial establishment. |
| Car Wash, Self Service | A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done manually by the customer (i.e., the use of fully automated devices which move the vehicle through a washing device shall not be permitted). Accessory self-vacuuming facilities shall be allowed. |
| Cemetery/Columbarium | Property used for the interment of the dead, which use may include the commercial sale and location of burial lots, crypts, or vaults for use exclusively on the subject property. A cemetery shall not be used for the preparation or embalming of bodies or the cremation of bodies. Setback for cemeteries shall be measured from the nearest structure or gravesite. This definition shall be construed to include bona fide pet cemeteries. A cemetery may also include a columbarium. |
| Certificate of Compliance | A statement, signed by the Administrator, setting forth that a building, structure or use complies with this Ordinance. |
| Certificate of Occupancy | A document issued by the proper authority 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 all applicable building codes and regulations. |
| Changeable Copy | The display area of a sign where characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign. |
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| Charitable Relief Organization | An establishment engaged in the giving of foods, goods, financial assistance, or grants, or offering services or programs on a benevolent, nonprofit basis. |
| Category I - General office functions related to the administration and management of a charitable organization. Counseling and professional services (such as legal and medical) as part of the mission of the charitable organization are also permissible. | |
| Category II - Collection and/or distribution of goods to target populations such as clothing and unprepared foods. Foods distributed are for preparation and consumption off-premise (for example, food banks). Category I activities are permissible in Class II. | |
| Category III - Direct delivery of goods and services to target populations to include on-premise prepared and served meals (for example, soup kitchens), access to bathroom facilities (including showers). Counseling services as part of the mission of the charitable organization are also permissible. Class III charitable organizations shall not include accommodations for overnight stays. Category I & Category II activities are permissible in Category III. | |
| Check Cashing Establishment | A business engaged in cashing checks for the general public as an element of its operation that exceeds fifty (50) percent of its gross revenue and is not licensed by the appropriate state or federal agencies as a bank, savings and loan, or credit union. Primary signage associated with a business that includes the phrase "check cashing" will be considered prima facie evidence that the business is a check cashing business. |
| Child Care Center | A child care arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care |
| Child Care Center, Located in a Residence (CLIR) | A child care arrangement located in a residence and licensed for 3 - 12 children unless space limits the number as determined by the North Carolina Department of Health and Human Services. |
| Child Care Facility | Includes child care centers, family child care homes, and any other child care arrangement not excluded by G.S. 110-86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit. |
| Church/Place of Worship | A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services whose site may include an accessory area for the interment of the dead. Certain customary accessory uses shall be allowed to take place on church premises. These include bookshops, recreation centers, outdoor playing fields, youth facilities, parsonage, cemetery, food pantry, and certain types of day care centers and schools. The overnight lodging of transient persons shall not be considered as a customary accessory use. Such accessory uses shall be subject to any applicable supplemental regulations located elsewhere in this Ordinance. |
| Close | As used for transportation/land use purposes, a small square or rectangular space providing road access to several adjacent lots. Such area is landscaped with grass and may contain benches. |
| College/University | A private or public educational institution where students attend to earn associates, baccalaureate, masters or doctoral degrees. A college/university shall not be considered a "vocational school" or a "school for the arts." |
| Co-location | The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures. |
| Commercial Message | Any sign, wording, logo or other representation, that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity. |
| Commercial Services | A business offering personal retail services including but not limited to dry cleaning (outlets), shoe repair, key making, tailoring and alterations. |
| Commercial Zoning District | Refer to "Zoning District, Commercial" |
| Common Open Space | Land and/or water areas within the site designated for a particular development, not individually owned or dedicated for public use, which are designed and intended for the common use or enjoyment of the residents of the development but not including any lands occupied by streets, street rights-of-way, or off-street parking. |
| Common Open Space, Improved | Common open space which has been improved with recreational areas and amenities such as, but not limited to, ballfields, tennis courts, swimming pools, nature trails, clubhouses, etc. |
| Communication Tower | A tower facility, including, but not limited to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are under one hundred (100) feet in height and that, at a height of fifty (50) feet above the base, have a maximum horizontal measurement of eighteen (18) inches; nor, shall it include any tower erected by a public authority for public safety or emergency services communication purposes. This term shall not include small wireless facilities or micro wireless facilities as those terms are defined in Section 9.15.1 of this UDO. |
| Communication Tower, combined | A communication tower (as defined in section 17-55) which meets each of the following criteria: |
| (1) The tower is designed to accommodate at least two (2) wireless telephone providers. | |
| (2) The tower is designed to accommodate a third user, which may either be a city public safety communication transmitter/receiver or a third wireless telephone provider. If a city public safety communications transmitter and/or receiver is proposed to be the "third user" and the tower will be owned by an entity other than the city, there shall be a written agreement, executed prior to issuance of a zoning permit, between the city and the tower owner to allow public safety communications use of the tower at no cost to the city. As used herein, the term "designed to accommodate" shall mean that only one wireless telephone provider need occupy the tower immediately following construction; other users may occupy the tower at a future time but the tower owner at the time of construction must submit statements certified to by licensed structural and radio frequency engineers that the tower will accommodate other wireless telephone providers in terms of strength, placement, and spacing between antennae. Only one wireless telephone provider need initiate use of the tower. | |
| (3) The tower shall be located on property owned by the city. | |
| (4) The tower may be owned by a wireless telephone service licensee of the Federal Communications Commission, the city, or by a third party tower provider. | |
| Community Center | A building used for recreational, social, educational and cultural activities owned and operated by a public or nonprofit group or agency. |
| Conference Center/ Meeting Facility | A facility designed for public assembly and used for conventions, conferences, seminars, product displays, recreational activities, and entertainment functions, along with accessory functions including food and beverage preparation and service for on-premise consumption. |
| Comprehensive Plan | A plan, formally adopted by the local governing board, that includes policy statements, goals and objectives, maps and statistical data for the physical and economic development of the community. |
| Construction | The act of adding an addition to an existing building or structure, or the erection of a new principal or accessory building or structure on a lot; or the addition of walls, driveways, or parking lots, or the addition of appurtenances to a building or structure. |
| Construction Trailer (temporary use) | A structure standing on wheels towed or hauled by another vehicle and used for neither overnight nor year-round occupancy at a construction site on a temporary basis for office and/or storage purposes. |
| Contiguous (Property(ies)) | See "Adjacent Property" |
| Continuing Care Facility | A residential complex that contains a variety of living facilities that may include independent living units (i.e., apartments, condominiums, cottages), assisted living (domiciliary care) facilities and/or nursing home beds. Residents of such a facility may either pay rent or purchase their living quarters. If the unit is occupant-owned, the unit normally reverts to the development owner upon the death of the resident or to a surviving spouse. |
| Contractors' Storage and Equipment Yard | A place where construction equipment used by building contractors is externally stored. |
| Convenience Store | A retail store that is designed and stocked to sell primarily food (packaged and/or prepared), beverages, and other household supplies to customers who purchase relatively few items (in contrast to a "grocery store"). Unlike a "convenience store - fuel mart," a "convenience store" as defined herein does not include fuel sales. |
| Convenience Store - Fuel Mart | A retail store that is designed and stocked to sell primarily fuel, food (packaged and/or prepared), beverages, and other household supplies to customers who purchase relatively few items (in contrast to a "grocery store"). A "convenience store - fuel mart" is designed to attract and depends upon a large volume of stop-and-go traffic. |
| Correctional Facility, Class 1 | A facility operated by Gaston County (or a private contractor thereof) used for the temporary incarceration of persons after arrest or pending hearing or trial or for the incarceration and or housing of persons serving sentences. Such sentences are generally shorter than those assigned to state institutions and may involve work release or other types of overnight and/or weekend-only incarceration in the facility. |
| Correctional Facility, Class 2 | A facility operated by a governmental entity (or a private contractor thereof) used primarily for the incarceration or housing of persons serving criminal sentences. State prisons, prison camps, and penitentiaries are examples of such a facility. |
| Country Club | A land area and buildings containing recreational facilities, clubhouses and usual accessory uses, open to members and their guests that is privately operated. Uses at a country club frequently include golf courses, swimming pools (outdoors), and clubhouses. Meal service may be available, but is generally limited to members and their guests. A country club may be developed as a freestanding entity or as part of a residential community or planned residential development. |
| Craft Studio | An establishment where works of art are individually created on premises by no more than five (5) artisans and which are sold at the same location to the general public. Artisans shall include sculptors, painters, sketch artists, potters, wood and leather craftsmen, glass blowers, weavers, silversmiths, designers or ornamental and precious jewelry, screen printers, and airbrushes. |
| Crematorium | A facility whose primary function is for the cremation of human bodies or animals. |
| Cul-de-sac | Any street having only one outlet for vehicular traffic. |
| Damaged, Wrecked, Dismantled or Inoperative Vehicle | Any vehicle that, upon demand, cannot be started and moved under its own power or any vehicle that is otherwise damaged to such an extent that it cannot be operated safely upon a public roadway, regardless of licensing status; or regardless of operability, any vehicle that is missing or has damaged to the extent requiring replacement, more than one major body component. |
| Deck | A structure without a roof, either freestanding or attached to a building, which is supported by posts or pillars. |
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| Density Credit | The potential for the improvement or subdivision of part or all of a parcel of real property, to an intensity or degree that otherwise is not allowed in the underlying zoning district. Such ability to improve or develop the property is based on the dedication of land for transportation improvement purposes in exchange for the ability to develop the property to this greater standard. |
| Density, Gross | A ratio expressed as the number of dwelling units per gross acre. The ratio is derived by dividing the total number of dwelling units by the total land area of the parcel(s) to be developed. |
| Determination | A written, final, and binding order, requirement, or determination regarding an administrative decision. |
| Developer | 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 |
Any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by this Ordinance. |
| Development Approval | An administrative or quasi-judicial approval made pursuant to this Ordinance 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 Ordinance, including plat approvals, permits issued, development agreements entered into, and building permits issued. |
| Development, Multi- Family | A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements that is planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such development shall consist of two (2) or more duplex buildings, or three (3) or more dwelling units sharing one or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area. |
| Diameter at Breast Height | The measurement of the diameter of a tree trunk over twelve (12) inches in diameter taken at a height of four and one-half (4.5) feet above the ground. |
| Display of Goods, Outdoors | The display and sale of products outside of a building or structure including garden supplies, clothing, toys, play equipment, agricultural products, building and landscape materials, food and beverages. |
| Distillery (including micro distillery) | An establishment, whether as principal or accessory use, which manufactures or produces distilled spirits. |
| Distribution/Wholesale/Storage Operation | A storage center or industrial space designed to house inventory in bulk and where goods are received and/or stored for delivery. |
| Distribution/Wholesale/Storage Operation, Planned Development | A development that may be one or more principal structures on one or more lots that consists of storage centers or industrial spaces designed to house inventory in bulk and where goods are received and/or stored for delivery. |
| Drive-in Window | A window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for such customers to exit their motor vehicles. |
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| Drive-through Facility | A business or facility which is designed or intended to enable a customer to transact business without exiting a motor vehicle parked on or moving through the premises. |
| Driveway, Front-loaded | A driveway that begins at, or abuts, the front yard line of the lot. |
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| Dry Cleaning/Laundry Plant | A commercial facility at which clothes are brought to be dry cleaned an/or laundered from individual dry cleaning service outlets. Such a facility may be a freestanding use or may be combined with a Laundromat. |
| Duplex | See "Dwelling, Two-family" |
| Dwelling | Any building, structure, manufactured home, or mobile home, or part 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. |
| Dwelling, Detached | A dwelling unit not attached to another dwelling unit that is developed with open yards on at least three (3) sides. |
| Dwelling Unit | A room or combination of rooms designed for year-round habitation, containing self-sufficient bathroom and kitchen facilities, connected to all required utilities, and designed for or used as a residence by one family. Units located within motels or hotels or travel trailers shall not be included as "dwelling units." |
| Dwelling, Manufactured Home |
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. "Manufactured home" includes any structure that meets all
of the requirements of this subsection except the size requirements and with respect
to which the manufacturer voluntarily files a certification required by the Secretary
of HUD and complies with the standards established under the Act.
For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. |
| Dwelling, Manufactured Home Class A | A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: |
| (a) The minimum width (the width being the narrower of the two (2) overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least twenty-two (22) feet for a distance extending along the length (the length being the longer of the two (2) overall dimensions) of at least twenty (20) feet. | |
| (b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths (2.2) feet for each twelve (12) feet of horizontal run; the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint; the roof has an overhang (eave) extending at least ten (10) inches from each vertical exterior wall. A site-installed gutter may be counted in the width of the eave. | |
| (c) The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, and which does not exceed the reflectivity of gloss white paint. | |
| (d) A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footer after placement on the lot, and before occupancy. | |
| (e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. | |
| (f) The manufactured home is set up on the site in accordance with the standards set by the N.C. Department of Insurance. | |
| (g) Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by the N.C. Department of Insurance. | |
| (h) A front porch, a minimum of eight (8) feet in width and eight (8) feet in depth. | |
| Dwelling, Manufactured Home Class B | A manufactured home that meets all of the criteria of a Class A Manufactured Home, except criteria (a), (b), and (c). |
| Dwelling, Manufactured Home Class C | A manufactured home that meets all of the requirements of a Class A Manufactured Home, except criteria (a), (b), (c), (d), and (e); said manufactured home shall be installed with permanent type non-reflective skirting specifically manufactured for manufactured homes, pressure treated wood (except plain standard-surface, pressure treated plywood shall not be considered acceptable), or masonry underpinning. Such underpinning or skirting shall be installed under all elements of the manufactured home and be unpierced except for required ventilation and an access door. |
| Dwelling, Manufactured Home Class D | A manufactured home that does not meet the requirements of a Class A, Class B, or Class C Manufactured Home. |
| Dwelling, Mixed Use | A structure that contains both principal residential and nonresidential (i.e., office or retail) uses. |
| Dwelling, Multi-Family and Mixed Residential | Developments, generally on property under single ownership, containing a mix of residential building types. Dwelling units within a building type may be owner occupied, or for rent. Units may share amenities such as pools, clubhouses, meeting centers, leasing offices. Vehicular access to all dwellings within a property shall be sufficient to meet Fire Department accessibility requirements. Parking location shall be provided as defined by type below. Dwelling unit types permitted: |
| • Multi-family, Apartment: dwellings arranged side by side, or stacked, on multiple floors of a building or buildings containing a minimum of 4 units, that share a single-entry lobby, or individual exterior entries along a common breezeway, with shared, or dedicated parking. | |
| • Attached Single Family, Townhome: a minimum of 3 dwellings, sharing party walls, with main door entry individually accessed from a fronting street, or sidewalk, and dedicated parking accessed from rear lanes/alleys. | |
| • Attached Two Family, Duplex: two dwelling units sharing a common vertical wall(s) with main door entry individually accessed from a fronting street, or sidewalk with dedicated parking for each dwelling. The location of required parking shall be determined by the separation between driveways within the designated front yard of the dwelling as follows: 30' or less - parking shall be accessed via rear lanes/alleys; greater than 30' may be accessed from the fronting street. | |
| • Detached Single Family: a single dwelling, with main door entry individually accessed from a fronting street, or sidewalk with dedicated parking for each dwelling. The location of required parking shall be determined by the separation between driveways within the designated front yard of the dwelling as follows: 30' or less - parking shall be accessed via rear lanes/alleys; greater than 30' - parking may be accessed from the fronting street or rear lane/alley. | |
| Dwelling, Single-Family | A detached building designed for or occupied exclusively by one family, but not to include manufactured homes as defined by this Ordinance. |
| Dwelling, Single-Family Attached | A dwelling unit attached side-by-side to two (2) or more other dwelling units by common vertical walls. Each dwelling unit shall be located on a separately deeded lot and have separate heating and cooling systems, separate utility meters, and ground floor access. Includes townhouse, twin house, atrium house, and any other building types meeting the criteria set in this definition. This definition refers to the structure of the residence; however, there is typically a general intent of individual unit ownership. |
| Dwelling, Single-Family Attached, Two Unit | A dwelling unit attached side-by-side to one other dwelling unit by common vertical wall(s). Each dwelling unit shall be located on a separately deeded lot and have separate heating and cooling systems, separate utility meters, and ground floor access. This definition refers to the structure of the residence; however, there is typically a general intent of individual unit ownership. |
| Dwelling, Two-Family | Two (2) dwelling units, including modular homes, attached along and sharing one or more common walls and located on a single lot. |
| Easements | A grant by the property owner to the public, a corporation, or persons, of the right to use a specified portion of a tract or tracts of land for a specified purpose. |
| Emergency Shelter for Homeless Children | A facility offering temporary residential care for children ages ten (10) to seventeen (17) deemed "homeless," as defined by the Stewart B. McKinney Act, 42 U.S.C. § 11301, et seq. (1994). Facility may have a maximum of nine (9) beds and provide continuous care for a period up to fourteen (14) days. Supervisory personnel provide 24-hour room and board, counseling, education, and social skills building in a family environment, with no in-residence staff. |
| Encroachment | The projection or intrusion of a building, structure, or other land-disturbing activity into an area where such projections are typically prohibited. |
| Engineer | A professional engineer licensed by the State of North Carolina. |
| Entrance, Primary | An entrance or entrances leading from collector streets, major thoroughfares, arterials, or highways to subdivisions, multi-family uses, planned developments, industrial, commercial, or office and institutional subdivisions and developments. |
| Entrance, Secondary | An entrance, or entrances, other than the primary entrance, leading from collector or local streets to subdivisions, multi-family uses, planned developments, industrial, commercial, or office and institutional subdivisions. |
| Essential Services | Publicly or privately owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators shall be deemed accessory uses and not "essential services." The provision of public safety services (i.e. law enforcement, emergency medical services, rescue services, fire protection), governmental uses, and related services shall be included as an essential service as described in Essential Service, Class 4. Essential Services are divided into the following four (4) classes as defined below. |
| Essential Services, Class 1 | Transmission lines (whether, subterranean or overhead) including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields, cable television and telephone transmission lines; or similar utility lines; pumping stations; lift stations; telephone switching facilities (up to one hundred (100) square feet gross floor area). |
| Essential Services, Class 2 | Elevated water storage tanks; booster stations, package treatment plants, telephone switching facilities (over one hundred (100) square feet gross floor area), substations, public and municipal power agency owned electric generation facilities that operate less than two thousand five hundred (2,500) hours per year as a Class 2 essential service (only allowed in the I-2 district) or other similarly required facilities in connection with telephone, electric, steam, water, sewer, or other similar utilities, and towers erected by a public authority for public safety or emergency services communication purposes. |
| Essential Services, Class 3 | Generation, production, or treatment facilities such as power plants, water treatment plant, sewage treatment plants (excluding package treatment plants), or similar utilities; sanitary landfills; septic tank waste disposal facilities; solid waste/recycling or transfer stations; medical waste transfer-facilities; radio and television transmission towers (not otherwise classified as a "communications tower" nor cited as an essential services, class 2 and cable television signal receiving facilities). |
| Essential Services, Class 4 | A use or facility owned or operated by the City or its designee, serving in one of the following capacities, including, but not limited to: an agency office, rescue services (including volunteer rescue services), emergency medical services, public safety station, fire station (including volunteer fire station), public safety services and dispatch, or personnel training and development center. A public safety station may contain living quarters for on-duty personnel. Facilities for the maintenance of equipment housed at the operation site are also permitted. The following uses and/or activities shall not be classified as a Class 4 Essential Service: vehicle storage yard; outdoor/indoor firing range; jail; prison; sanitary landfill; solid waste transfer or disposal facility; wastewater treatment facility; educational or health institution; university; group home; half- way house or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws. |
| Facade | The exterior wall of a building exposed to public view or that wall viewed by persons who are not in such building. |
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| Family | An individual, or two (2) or more persons related by blood, marriage or adoption living together as a single housekeeping unit, exclusive of household servants; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit. |
| Family Burial Ground | A privately owned, noncommercial graveyard created and maintained for the interment of family members of the property owner and restricted to such use. |
| Family Care Home | A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident handicapped persons, six (6) unwed mothers and their neonates, or six (6) battered persons with their children. |
| Family Child Care Home | A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care as defined by NCGS § 110-86). |
| Family Member | Direct lineal descendants (children, grandchildren, and great grandchildren) and direct lineal ascendants (father, mother, grandfather and grandmother); and brothers, sisters. |
| Farm, Bona Fide | The production and activities relating or incidental to the production of crops, fruits, vegetables, sod, or ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market meeting one of the present use value criteria: |
| 1. Agricultural land, consisting of at least ten (10) acres, or horticultural land, consisting of at least five (5) acres, both of which may be in one or more tracts that are in actual production; | |
| 2. A minimum of twenty (20) acres of forestland for which a woodland management plan has been prepared by the U.S. Forest Service. | |
| Farm Supply Store | An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. |
| Farmers Market | An outdoor market at which fruits and vegetables are regularly sold to the general public on a retail basis. Vehicles used to transport the products to be sold shall be limited to cars, vans and trucks. Other food items, handmade crafts, and baked goods not native to this region may also be sold at such establishments, provided these items may not constitute a majority of total sales. |
| Fence | An exterior structure serving as an enclosure, barrier, or boundary made of materials commonly considered to be fence materials. |
| Fence, Deer | A fence specifically designed to thwart the movement of deer and similar animals. Such fences are typically eight (8) to ten (10) feet in height and have an electrically charged wire on top. |
| Fenestration | Architectural treatment over, around, or near a window, door, or other feature of relief on the elevation of a building. |
| Financial Institution | A commercial bank, a mortgage bank, a savings bank, a saving and loan association, or a credit union any of which are licensed, insured or chartered by the United States of America or the State of North Carolina. Manned drive-through services are provided on site. Outdoor automatic teller machines (ATMs) may or may not be provided. |
| Firing Range | A range for target practice, typically associated with rifle or handgun practice. This term shall also apply to bow and arrow and cross bow ranges. |
| Flag | A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature. |
| Flea Market | An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities, booths, or temporary structures. |
| Flex Space | A building or portion thereof that can be used and/or easily converted to use for office, wholesale sales, distribution or storage use |
| Floor Area Ratio | The gross floor area of all buildings and structures on a lot divided by the lot area. When computing this figure, the gross floor area of all enclosed parking deck buildings shall be excluded. |
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| Food Catering Facility | A facility at which a prearranged amount and type of food is prepared for consumption off-premises or in a meeting room on premises. A food catering facility differs from a restaurant in that food is not offered for sale to the general public on a retail basis. |
| Food Pantry | A facility operated by a public or non-profit entity that directly distributes unprepared packaged food items to the public on a charitable basis. Such facilities may also distribute clothing to the general public in such manner. |
| Franchise Architecture | A distinct architectural building style and/or elements commonly employed by a fast food franchise that serves to enhance or promote brand identity through visual recognition. This type of architecture has been shown to contribute to the dilution of a unique community identity. |
| Fraternal and Service Organization Meeting Facility (Nonprofit and Not-For-Profit) | A facility operated by an association of persons for activities which include, but are not limited to social, literary, political, educational, fraternal, charitable, or labor activities, with regular meetings and membership requirements. The facility is not operated for profit or to render a service that is customarily conducted as a business. |
| Freeway | A major thoroughfare providing for high-speed mobility and having no at-grade crossings. |
| Freight and Flying Services | A facility operated for the transport of goods, merchandise, materials and commodities of any kind that may be transported from one place to another by air. |
| Fueling Pump | A fuel-dispensing pump, which may contain more than one fuel nozzle, designed to accommodate one or two (2) vehicles at a time. If two (2) vehicles are accommodated at the same time, fuel nozzles serving the two (2) vehicles shall be located on opposite sides of the fuel pump. |
| Fulfillment Center | A facility fulfills customer orders for ecommerce retailers. Activities at these centers may include, but not limited to, receiving inventory, packing boxes, labeling, shipping orders and processing returns. |
| Functional Design | A preliminary roadway design, approved by the City Council, and prepared and/or approved by the lead planning agency on a topographic map at a scale no smaller than one inch equals two hundred (200) feet showing the horizontal width, centerline, and typical cross section for a proposed roadway. Cross sections shall show roadway and lane width, and right-of-way width; and may also show utility easements, and other roadway improvements that describe the final appearance of the road (i.e., sidewalks, tree plantings, bikeway facilities, etc.). Typical cross sections should be based on NCDOT recommended street designs. All functional designs are maintained in the planning department located at the city hall and are available for public inspection during normal business hours. |
| Funeral Home | A facility used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith. Such facility may also sell caskets and other items associated with a funeral service. |
| Gameroom | A building or a part of a building containing eight (8) or more video, pinball, or similar player operated amusement devices, in any combination, for commercial use. A gameroom shall not include any gaming item prohibited or made unlawful by G.S. ch. 14, art. 37 or any activity which constitutes gambling under G.S. 14-292. An establishment containing a gameroom may have more than one principal use. If three (3) or more pool tables are provided, the facility shall also be deemed a "billiard parlor." A bingo parlor shall be deemed a gameroom." |
| Garage, Private | A building or portion thereof that is accessory to a principal structure and providing for the storage of automobiles, and in which there is no occupation or business for profit carried on. Such garage shall be enclosed on all four (4) sides, and may be attached to or detached from the principal dwelling unit. |
| Garage/Yard Sale (Temporary Use) | See "Yard Sale" |
| Garden Events Facility | An outdoor assembly area designed to accommodate a maximum of one hundred twenty-five (125) people for a variety of events or functions including, but not limited to, weddings and receptions, fundraisers, private socials, instructional events, etc. |
| Golf Course | A tract of land for playing golf, improved with tees, fairways, hazards and which may include clubhouses and shelters. Such definition shall not include "miniature golf" or "golf driving range" establishments. |
| Grade, Finished | A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point six (6) feet from the building and the lot line or between the building and a point six (6) feet from the building, whichever is closer to the building. |
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| Grade, Street | The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the side of the street at which the grade is being measured. |
| Greenhouse, Commercial | See "Nursery (garden)" |
| Grocery Store | A retail establishment which may sell a wide variety of fresh produce, canned and packaged food items, small household goods and similar items which are consumed and used off premises. In addition, the store may contain a delicatessen section in which prepared foods are sold and may be consumed on premises in a specially designed sit-down area. Such stores may also contain manned internal bank branches. Sales of grocery items are highly dependent on comparison shopping. |
| Grooming Services | Establishments engaged primarily in providing services to a person's grooming needs. Such services include, but are not limited to: barbershops, beauty shops, tanning salons, microblading, dermaplaning, nail salons and other similar grooming services regulated and licensed by the North Carolina Department of Health and Human Services. Tattoo parlors shall NOT be included under this definition. |
| Gross Floor Area | The sum of the gross horizontal areas of each floor of a principal building, and any accessory building or structures measured from outside of the exterior walls or from the centerline of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawlspace. This term also excludes pedestrian walkways and common areas within enclosed shopping facilities. |
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| Ground Covers | Low growing plants such as grasses, ivies, creeping bushes and similar decorative plantings. Where required by this Ordinance, ground covers shall have the capability of soil stabilization and erosion control. |
| Ground Level Finished Floor Elevation | The elevation of the lowest habitable finished floor of the structure, not including subterranean floors. |
| Group Home | A facility, other than a family care home, that is licensed by the State of North Carolina, that has support and supervisory personnel and provides room and board, personal care, or habilitation services in a family environment for more than six (6) but not more than thirty (30) handicapped persons, unwed mothers with their neonates, and battered spouses with their children. |
| Handicapped Person | A person with a physical or mental impairment which substantially limits one or more of such person's major life activities; a person with a record of having such an impairment; or a person who is regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802. |
| Health and Behavioral Care Facility | A facility designed to offer two (2) or more health and behavioral services to clients. Such services may include limited medical care and health education, parenting program, adoption agency, and counseling center. |
| Health Club, Spa, Gymnasium (principal use) | A place of business with equipment and facilities for exercising and improving physical fitness. |
| Hearing, Evidentiary | 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 Ordinance and N.C.G.S. 160D-406. |
| Hearing, Legislative | A hearing to solicit public comment on a proposed legislative decision. |
| Heavy Equipment Sales and Service | A facility where vehicles or other apparatus commonly used in commercial, industrial or construction enterprises are sold and serviced. This includes, but is not be limited to: trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts, each having a gross weight of two and one-half (2.5) tons or more. |
| Heliport/Helistop | An area designated to be used for the landing or takeoff of helicopters including operations facilities such as maintenance, loading, storage, fueling and terminal facilities. |
| Highway, Corridor | A highway, or portion thereof, which is designated by the City Council for the placement of a CH Corridor Highway Overlay District. |
| Highway, Special | A highway, or portion thereof, which is designated by the City Council for the placement of a (SH) Special Highway Overlay District. |
| Holiday Decorations | Displays erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature and which contain no advertising material. |
| Home Occupation, Customary | A nonresidential use conducted within a dwelling unit which is clearly incidental and subordinate to the residential use and, when observed from beyond the lot on which it is located, does not give visual, audible, sensory or physical evidence (except as otherwise allowed per Section 9.1 of this Ordinance) that the property is used for any nonresidential purpose. |
| Home Occupation, Rural | A nonresidential use conducted in an accessory structure by the occupants of the lot upon which it is located. |
| Hospital | An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, including related facilities such as laboratories, outpatient services, training facilities, central service facilities, emergency services, and staff offices. A hospital shall provide facilities for the overnight and extended stay of persons in need of medical treatment and may have accessory uses such as a prayer chapel, gift shop, cafeteria, etc. that serves the needs of staff, patients and visitors. |
| Hotel | A facility containing six (6) or more rooms and offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, lounges, meeting rooms and recreation facilities. No rooms for rent shall have direct access to the outside. An "adult hotel or motel" shall not be considered a "hotel" and shall be governed as an "adult establishment." |
| Hotel, Full Service | An establishment providing a minimum of one hundred (100) sleeping rooms (a suite shall be counted as two (2) sleeping rooms) that have interior access. A "hotel" also has a restaurant with full table service, lounge, meeting facilities consisting of a minimum of five thousand (5,000) square feet in one room (said room may be divided by flexible partitions) and may include other hotel-related amenities and guest services. An "adult hotel or motel" shall not be considered a "full service hotel" and shall be governed as an "adult establishment." |
| House, Atrium | An attached or semi-attached one-story house on a small lot, said lot having a small yard space that is surrounded by the house and its privacy walls. As distinguished from a "patio house," an atrium house usually has a smaller lot size and it is always attached (to another unit) in some fashion. |
| House, Lot Line | A single-family detached dwelling unit that is placed against one of the side lot lines. Such dwelling unit has a front and rear yard but only one side yard. |
| House, Patio | A single-family dwelling on a separate lot with open space on three (3) sides on that lot. |
| House, Twin | Two (2) dwelling units on separate lots joined by a common building wall along the property line. |
| House, Village | A single-family detached dwelling built on a small lot (typically smaller than the minimum lot size for the zoning district). Land saved by use of smaller lots is dedicated for common use. Houses may be placed close to the street to maximize rear yards. Shared driveways with separate parking areas may be utilized. |
| HVAC Equipment | External heating, ventilation, air conditioning, and other mechanical and utility equipment, including but not limited to, hoses, pipes, vents, fans, compressors, pumps, and heating and cooling units associated with buildings and accessory structures. |
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| Impervious Surface | Any material that reduces and prevents absorption of storm water into previously undeveloped land. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc. Items not considered to be "impervious" include the water area of a swimming pool and wooden slatted decks. |
| Impervious Surface Ratio | The gross area of all impervious surfaces on a lot divided by the lot area. |
| Independent Living Center | An establishment which provides living facilities to seven (7) or more persons with physical or mental disabilities and/or restricts the age of residents to fifty (50) and above. Residents have separate living units and congregate meals may be provided at such facilities. However, residents are expected to provide other basic living services. |
| Industrial Heavy Equipment, Bulk Storage Yard and Commercial Vehicle and Truck Storage | A piece of property that is used primarily for the outdoor storage, on a regular basis, of trucks and other commercial vehicles, excluding septic tank and solid waste vehicles, industrial heavy equipment and any other type of bulk storage. |
| Industrial Zoning District | See "Zoning District, Industrial" |
| Infill Residential Development | A type of residential development intended to be situated on smaller lots than a typical planned residential development PRD, and that serves as a higher density residential buffer between low density residential uses and non-residential zones; or between low density residential uses and major or minor thoroughfares. Such uses serve dual purposes: First, they allow innovative housing arrangements to occur on smaller, infill sites; and, second, they preserve property values of low density residential sites that abut busy thoroughfares and/or areas zoned for non-residential uses by introducing a higher density residential buffer between them. |
| Junkyard and Salvage Yard | The use of more than five hundred (500) square feet of the area of any lot for the outdoor storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of three (3) or more automobiles, vehicles or machinery or parts thereof. |
| Land-disturbing Activity | Any use of the land by any person for residential, industrial, educational, institutional, or commercial development, or for highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Within watershed management areas, land-disturbing activity shall include the clear cutting of trees unless specifically exempted by this Ordinance. |
| Landfill, Land Clearing and Inert Debris, Offsite | A landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes meeting the standards of the state. A clean fill operation which is conducted to improve or recontour land using only soil or a fill operation, as defined by G.S. 130A-294(m), which consists of used asphalt or used asphalt mixed with dirt, sand, gravel, rock, concrete or similar non-hazardous materials shall not be construed to be such a landfill. |
| Landfill, Land Clearing and Inert Debris, Onsite (Accessory) | A demolition landfill which is located within the confines of property being developed or in use, and used only for the disposal of acceptable materials which are generated on the property being developed. |
| Landfill, Sanitary | A solid waste disposal facility designed to meet the minimum standards defined by the state for such use. |
| Landowner | Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner. The person shown on the records of the Gaston County Register of Deeds shall be presumed to be the person in control of the property. |
| Laundromat | A commercial facility open to the general public where coin-operated washing and drying machines are available for use. |
| Leasable Area, Gross | The total floor area for which a tenant pays rent and which is designed for the tenant's occupancy and exclusive use. |
| Library | A public facility for the shared use, but not sale, of literary, musical, artistic, or reference materials. |
| Live-in Office or Business | A structure which houses both an office or commercial use in accordance with Section 8.2.39, and a residence for the proprietor, occupying the same space. |
| Loading Space, Off-street | An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. |
| Logo | The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols, or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers. |
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| Long-term Bicycle Parking | Designed to meet the bike storage needs of daily bike commuters, housing residents, and transit riders, who typically require storage for periods of time in excess of 4 hours. They can be provided for outdoors and indoors. The storage duration necessitates greater security and protection from the elements. Outdoor examples are Bike Shelters with vertical bike and two-tiered racks, and Bike lockers. |
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| Indoor examples, known as Bike Rooms, are designed to restrict access to specific users and are fully sealed off from the weather. Storage may consist of vertical and two-tiered racks. Depending on the size of a Bike Room may also include cycling gear lockers, and showers. | |
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| Lot | A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. |
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| Lot Area | The total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or (ii) if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from the center of the traveled portion of the street shall be used to calculate the area. |
| Lot Line | A line of record bounding a lot that separates one lot from another lot or separates that lot from a public or private street or any other public space. |
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| Lot Line, Front | The lot line that separates a lot from a street right-of-way. |
| Lot Line, Interior | A lot line that does not have street frontage. |
| Lot Line, Rear | The lot line opposite and most distant from the front lot line. |
| Lot Line, Side | Any lot line abutting another lot and which is not a front or rear lot line. |
| Lot of Record | A lot or combination of contiguous lots described pursuant to the most current plat or metes and bounds description or descriptions recorded in the office of the Gaston County Register of Deeds. |
| Lot Width | The horizontal distance between side lot lines at the front building line measured parallel with the front lot line. |
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| Lot, Corner | A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred thirty-five (135) degrees with each other. The street line forming the least frontage shall be deemed the front of the lot. |
| Lot, Interior | A lot other than a corner lot. |
| Lot, Nonconforming | Any lot of record which does not meet the minimum yard or area requirements established in these regulations at the time of this Ordinance's adoption or any amendment thereto. |
| Lot, Through | A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) streets that do not intersect at the boundaries of the lot. |
| Machine, Metal, Woodworking, and Welding Shop | A workshop in which work, including but not limited to metal and woodwork, is machined, assembled or finished. |
| Manufactured Goods | Manufacturing, refining, processing, or assembly of goods or products subject to the following limitations: |
| The term "NAICS" shall refer to the North American Industry Classification System as set forth in the NAICS Manual published by the United States of America, Executive Office of the President, Office of Management and Budget and unless a use is defined in this Ordinance, the NAICS Manual shall be used to define, clarify or more specifically identify the uses and groups of uses listed. While the NAICS Manual uses the term "establishments primarily engaged in" in defining types of manufacturing operations, this Ordinance shall be construed to mean that if the activity is conducted at all within the use and that activity is listed as being a "conditional use," then the entire use shall be deemed a "conditional use" as opposed to being a "permitted use." | |
| Manufactured Goods, Class 1 | All manufacturing industries except those listed as "Manufacturing Goods, Class 2" or "Manufacturing Goods, Class 3." |
| Manufactured Goods, Class 2 | The following manufacturing industries as identified by their NAICS Category and Code Number(s): |
| • Flour and other grain mill products, sugar refining (NAICS 311211, 311311, 311313) | |
| • Animal feeds and pet foods (NAICS 311111, 311119, 311611) | |
| • Fats and oils (NAICS 31122) | |
| • Dyeing and finishing textiles, except wool fabrics and knot goods (NAICS 313210, 3133, 315192, 315191, 315111, 315119) | |
| • Coated fabrics, rubberized and not rubberized; canvas and related products (NAICS 313320, 314912, 315299, 315999, 326192, 326299, 339113, 339932) | |
| • Sawmills and planing mills, general (NAICS 321113, 321912, 321918, 321999) | |
| • Wood preserving; reconstituted wood products; pulp mills; paper mills; paperboard mills (NAICS 321114, 321219, 322110, 322121, 322122, 322130) | |
| • Industrial inorganic chemicals; Plastic materials, synthetic resins and rubber; cellulosic and other man-made fibers, except glass (NAICS 3252, 32518, 325120, 325131) | |
| • Soaps, detergents and cleaning preparations and other toilet preparations (NAICS 3256); except perfumes and cosmetics | |
| • Paints, varnishes, lacquers, enamels and allied products (NAICS 32551) | |
| • Industrial organic chemicals; agricultural chemicals (fertilizers, pesticides, etc.) (NAICS 32531, 32532) | |
| • Miscellaneous chemical products (all products listed under NAICS 32552, 32592, 32591, 325182, 325998, 325510) (e.g., adhesives, sealants, explosives, printing ink, carbon black, and other chemical and chemical preparations) | |
| • Lubricating oils and greases (NAICS 324191) | |
| • Products of petroleum and coal classified under NAICS 324199 | |
| • Tires and inner tubes (NAICS 326211) | |
| • Leather tanning and finishing (NAICS 316110) | |
| • Structural clay products (NAICS 32712, 327331) | |
| • Abrasive products; asbestos products; mineral wool; (NAICS 327910, 327993, 327999, 332999, 336340) | |
| • Minerals and earth, ground or otherwise treated (NAICS 212324, 212325, 212393, 212399, 327992) | |
| • Non-clay refractories (NAICS 327125) | |
| • Miscellaneous nonmetallic mineral products listed under NAICS 327112, 327999, 327420 | |
| • Steel works, blast furnaces, and rolling and finishing mills; iron and steel foundries; primary and secondary smelting and refining of nonferrous metals; rolling, drawing and extruding of nonferrous metals; nonferrous foundries; (NAICS 324199, 331111, 331112, 331221, 332618, 3312, 3315, 3314, 3313) | |
| • Metal heat treating; metal forging-iron, steel and nonferrous; coating and engraving of metals and allied services (NAICS 3321, 33281, 339911, 339912, 339914) | |
| • Manufacture of other primary metal products listed under NAICS 331314, 331423, 331492, 332813, 331221, 332618 | |
| • Manufacture of ordnance (arms, ammunition, etc.) and accessories except vehicles and guided missiles (NAICS 33299) | |
| • Power, distribution and specialty transformers (NAICS 335311) | |
| • Electrical industrial carbon and graphic products (NAICS 335991) | |
| • Storage batteries; primary batteries, dry and wet (NAICS 335911, 335912) | |
| • Under NAICS 325992, 333315 - all photographic supplies but not photographic equipment | |
| • Under NAICS 325998, 339942 all inks, paints, oils, enamels, and crayons | |
| • Carbon paper and inked ribbons (NAICS 339944) | |
| • Linoleum, asphalt - felt-base, and other hard surface floor covering listed under NAICS 326192 | |
| Manufactured Goods, Class 3 | The following manufacturing industries as identified by their NAICS Category and Code Number(s): |
| • Meat packing plants and poultry dressing plants (NAICS 311611, 311615, 311999) | |
| • Processing and packing of canned, cured, fresh, or frozen fish and seafood (NAICS 311711, 311712) | |
| • Petroleum refining (NAICS 32411) | |
| • Asphalt paving and roofing materials (NAICS 32412) | |
| • Mining (NAICS 221, 212, 213) | |
| Manufactured Home | See "Dwelling, Manufactured Home" |
| Manufactured Home Park | Any site or tract of land (except a subdivision developed pursuant to this Ordinance) upon which two (2) or more manufactured home spaces are provided for lease or rental. |
| Manufactured Home Space | A plot of land within a manufactured home park designed for the accommodation of a single manufactured home in accordance with the requirements contained in this Ordinance. |
| Manufactured Home Stand | That portion of a manufactured home space designed for and used as the area occupied by a manufactured home. |
| Manufactured Home Subdivision | Manufactured home subdivision. A subdivision of land designed specifically for the placement of manufactured homes as the principal use upon the lots created therein. Manufactured home subdivisions shall meet the following criteria: |
| (1) The property shall consist of at least ten (10) acres of land; | |
| (2) All lots, streets, utilities and other required improvements shall comply with Chapter 18, subdivision Ordinance; | |
| (3) The minimum size of any manufactured home shall be no less than eight hundred forty (840) square feet. This provision shall apply to any manufactured home placed in a manufactured home subdivision from and after October 1, 1995; and | |
| (4) Single-family dwellings may be constructed on any lot within a manufactured home subdivision. | |
| Marina, Accessory | A facility which is accessory to a residential development and which provides boat slips for use by the residents of such development and their guests. |
| Marina, Commercial | A commercial facility containing moorings and boat slips available for use by the general public and which may also offer supply and repair services. |
| Maternity Home | A home licensed to provide care for pregnant females as well as provide space for live-in house parents. |
| Military Reserve Center | A place used for training reserve military personnel and where military arms and military equipment may be stored. |
| Mini-Warehouse | A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. No outdoor storage shall be allowed in conjunction with the facility with the following exceptions: boats, cars; motorcycles; trailers; motor homes, pickup trucks and similar-type and size vehicles. All such areas devoted for outdoor storage shall be in areas so designated for such storage. Use of the leased storage spaces shall be for storage purposes only. |
| Mobile Home | See " Dwelling, Manufactured Home " |
| Mobile Home Park | See "Manufactured Home Park" |
| Model Sales Home | A permanent building intended for ultimate use as a residential dwelling unit that is typical of the dwellings in the residential development where it is located and which is temporarily used by the builder for the purpose of display and sales associated with residential property where the builder has other homes for sale in the same development or subdivision. |
| Modification, Substantial |
The mounting of a proposed wireless facility on a wireless support structure that
substantially changes the physical dimensions of the support structure. The burden
is on the local government to demonstrate that a mounting that does not meet the listed
criteria constitutes a substantial change to the physical dimensions of the wireless
support structure. A mounting is presumed to be a substantial modification if it meets
any one or more of the following criteria:
a. Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. b. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. c. Increasing the square footage of the existing equipment compound by more than 2,500 square feet. |
| Modular Home | A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code (uniform residential code for one and two-family dwellings) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A "modular home," as herein defined, shall be deemed to be a single-family dwelling for purposes of this Ordinance. |
| Motel | An establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. An "adult hotel or motel" shall not be considered a "motel" and shall be governed as an "adult establishment." |
| Motor Home | See "Vehicle, Recreational" |
| Mural | A sign displaying only a noncommercial message that is painted or drawn on a building wall. |
| Museum | A structure that serves as a repository for a collection of curiosities or objects of interest or works of art intended to be viewed by members of the public with or without admission costs. It may include an accessory use with the sale of goods/gifts to the public and/or an eating establishment for visitors and employees. |
| Neighborhood Services Center | A nodal, small-scale retail and service center designed to standards promoting human scale, pedestrian access, and community identity. Such centers are intended to be in locations that would otherwise be harmed by allowing typical suburban intrusion. |
| Nonconformity | Any use, building, structure, lot, or sign that was lawful at the time it was constructed or established but which fails to comply with one or more of the applicable regulations or standards of this Ordinance. |
| Noncommercial Copy | A sign message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States. |
| Nursery (Garden) | A commercial enterprise conducted on land where flowers, shrubs and similar horticultural products are raised and sold to general public. Nurseries may include the use of greenhouses for growing purposes. Goods may also be grown and displayed outdoors. |
| Nursing Home | A licensed facility that provides supportive service to six (6) or more elderly or disabled in-house residents who need a wide range of health and support services located on the site, such as medical and nursing care, central dining, and transportation services. |
| Office | A room or group of rooms used for the conduct of a business, profession, service, industry or government where retail trade is not conducted. |
| Office, Medical Services | An office (as herein defined) facility containing space for patient waiting rooms, treatment areas and laboratory space for medical doctors (MDs), osteopaths, chiropractors, dentists, podiatrists, acupuncturists, psychologists, licensed nurse/midwifes, licensed physical therapists, licensed nurse practitioners, licensed respiratory therapists or optometrists. |
| Office Zoning District | See "Zoning District, Office" |
| Organic Waste | Materials that are primarily composed of yard trimmings, wood waste, dead trees and other dead vegetation, Christmas trees, wood pallets, land clearing debris and other similar materials. |
| Outdoor Event (temporary use) | Circuses, fairs, carnivals, festivals and other types of outdoor events that run on a temporary basis and are intended to or are likely to attract substantial crowds. |
| Outdoor Resale Business | A business that sells used merchandise (other than automobiles, trucks, boats, motorcycles, manufactured homes or recreational vehicles) and stores or displays this merchandise outdoors on a regular basis. |
| Outdoor Storage Yard (Contractor) | A place where construction equipment and goods used by building contractors are externally stored on a regular basis. |
| Outparcel | A lot located within a planned multi-tenant development that does not have direct access from a public road abutting the development. Said lot may contain no more than one principal use and the outparcel lot may be exempt from the yard and bulk requirements of the underlying zoning district. |
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| Overflow Parking Facility | See "Parking Facility, Overflow" |
| Package Treatment Plant | A small self-contained sewage treatment facility built to serve developed areas that lie beyond the service area of sanitary sewers. |
| Paintball Game | A game in which players on one team seek to eliminate those on an opposing team by marking them with a water-soluble dye shot in capsules from air guns. |
| Paintball Facility | A commercial facility providing either an indoor or outdoor enclosed area for customers to participate in paintball games and related activities. |
| Parapet | That portion of a building wall or false front that extends above the roofline. |
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| Park | A facility operated by a public entity that is open to the public for outdoor active recreational uses, including, but not limited to: ballfields, swimming facilities, camping facilities, and which contains improvements designed specifically for such active recreational uses. Such facilities may also contain improvements designed for passive recreational uses. |
| Parking Bay | A parking module consisting of one or more sets of one or two (2) rows of parking spaces and the aisle from which motor vehicles enter and leave. |
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| Parking Deck | A building designed and used for the storage of motor vehicles and which may contain retail or office uses on its ground floor. |
| Parking Facility, Overflow | An off-street parking area intended for the storage of vehicles for special, athletic or other occasional events. Such a facility is not typically used more than ten (10) times a year. |
| Parking Lot (Principal Use) | An open, hard-surfaced area, other than a street or public way, that is used for the storage, for limited periods of time, of passenger vehicles and commercial vehicles, and is available to the public, whether for compensation, free, or as an accommodation to clients or customers. Off-street parking areas that are provided in association with a particular use shall not be considered as being a "parking lot" as herein defined. |
| Parking Space, Off-street | An area located outside of any street right-of-way that is designed to accommodate the parking of vehicles that meets all requirements contained in Chapter 10 of this Ordinance. |
| Pawn Shop | A shop where money is lent on the security of personal property pledged. Such property may then later be sold at the shop. |
| Pennant | Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, usually in series, and which is designed to move in the wind. |
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| Permit, Zoning | A document issued by the Administrator that is required before commencing any construction, reconstruction, alteration, conversion or installation of a building or structure or before establishing, extending or changing any use on any lot. |
| Personal Business Service | The provision of services for personal needs and transactions such as, but not limited to, tailoring, alterations, dry cleaning, shoe repair, clock/watch repair, appliance repair. |
| Petroleum Distribution Facility | A business involved in the bulk sale of gasoline, methanol, liquid propane, kerosene, aviation fuels, fuel oil, diesel oils, and similar petroleum products. Such products are purchased from petroleum terminals and are sold to customers or consumers at either the wholesale or retail level. In no instance shall an "automobile service station," or "convenience store," or "mini-mart" be considered a "petroleum distribution facility." |
| Planned Residential Development (PRD) | A development planned and developed as an integral unit consisting of one or more residential-unit types (as permitted in the underlying general zoning district) and conforming to all applicable lot and bulk regulations. |
| Planned Unit Development (PUD) | A development containing a minimum of ten (10) acres that is planned and developed as an integral unit containing one or more commercial, institutional or manufacturing uses. A planned unit development (PUD) differs from a planned residential development (PRD) in that whereas a PRD always contains residential dwelling units, a PUD may or may not contain dwelling units. |
| Plat | A map or plan of a parcel of land that is to be or has been subdivided showing such subdivision. A plat for a subdivision occurring after the effective date of this Ordinance shall be recorded with the Gaston County Register of Deeds office and shall contain all information herein required. |
| Plaza | A paved area surrounded by buildings or streets and located in such manner so as to be accessible by pedestrians. Such area is improved with benches, ornamental and/or drinking fountains, works of art, etc. Part of the plaza may contain a grassed area. |
| Playground | A smaller-sized area developed with facilities primarily for children that may include benches, slides, play equipment, walk trails, etc. As opposed to a "park," a playground is usually smaller and does not contain athletic fields. |
| Porch | A projection from an outside wall of a dwelling which is covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) for the purpose of providing shade or shelter from the elements. |
| Portable Toilet Services | A commercial establishment that leases, delivers and services portable chemical toilets and which has a valid permit to discharge effluent into a public sanitary sewer system. |
| Post Office | A facility operated by the United States Postal Service for the delivery of both domestic and international mail. |
| Premises | A parcel of real property with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map or subdivision map. When a lot is used together with one or more contiguous lots for a single use or planned development, all of the lots so used, including any lots used for off-street parking, shall be considered single premises for purposes of these regulations. |
| Printer | The process, art or business of producing printed material by means of inked type and a printing press, computer or similar device. |
| Private Club (Without Adult Entertainment) | A for-profit establishment that (1) is organized and operated solely for social and recreational purposes; (2) and which may include the sale of alcoholic beverages; (3) and that is not open to the general public, but open only to the members of the organization and their bona fide guests. Excluded from this definition are facilities used by nonprofit fraternal and service organizations. Live, indoor entertainment and dancing facilities may be provided. Any private club which provides facilities or services which satisfy any portion of the definition of "adult establishment" per G.S. 14-202 shall be considered an "adult establishment." Any private club, which serves alcoholic beverages, shall be licensed to dispense such beverages by the state. A private club shall include a business licensed as such by the ABC Commission; provided however, the issuance of a private club permit by the NC ABC Commission does not permit such establishment under this Ordinance. Such establishment must be located in a zone that permits private clubs and the establishment must meet all other criteria required by this Ordinance. |
| Private Dining Club | A privately operated establishment primarily used to serve food to members and their guests. Said facility shall include space for business and group meetings, entertainment, and special events, may offer off-site catering incidental to the primary dining use, and may serve alcoholic beverages incidental to food sales. Any facility which serves alcoholic beverages shall be licensed to dispense such beverages by the state and food sales must account for a percentage of total sales as required by the state for a restaurant use. Banquet facilities must be large enough to accommodate at least one hundred fifty (150) persons at one seating. A private dining club may be developed as a freestanding entity or as part of a mixed-use development or building. |
| Private Residential Quarters | An accessory dwelling either attached or part of the principal residential use or separate from the principal use in the form of a guest house or garage apartment provided that such dwelling is not rented or occupied for gain and provided that no accessory building containing such use is constructed on a lot until the construction of the principal dwelling has commenced. The principal dwelling on the lot containing the private residential quarters shall be owner-occupied. |
| Produce Stand | The seasonal sale of any form of agricultural or horticultural products at a retail stand on the property (or properties owned by same person) where produced. |
| Property Owner | See "Landowner" |
| Public Services Operations Center | A facility where trucks, goods and/or equipment for an essential service operation (e.g., a public utility) are stored (either indoors or outdoors). The facility may also serve as a base of operations for certain workers employed by the essential service operation. |
| Public Safety Station | A facility operated by a public agency, a private contractor thereof, or by a private nonprofit volunteer organization and used for the base of operations and/or housing of equipment or personnel for the provision of dispatched public safety services including law enforcement, fire protection, rescue services, and/or emergency medical services. Such a facility may contain living quarters for on-duty personnel. Facilities for the maintenance of equipment housed at the operation site are also permitted. |
| Public Safety Weapons Training and Testing Facility | A publicly owned and operated facility where controlled blast, impact and ballistics testing and training are performed under the supervision of public safety personnel. Private institutional and/or corporate entities may also utilize the facility for the above purposes but only under the direction and supervision of governmental public safety personnel. This definition shall include publicly owned and operated recreational firing and skeet ranges that are open to and used by the general public. A public safety weapons training and testing facility is only allowed in the I-2 zoning district and only with the issuance of a special use permit. |
| Quarry | A tract of land used primarily for the extraction of minerals (e.g., rock, stone, ores) from the earth. |
| Racetrack | A facility where vehicles of any size, model aircraft and similar reduced-scale objects, or animals are raced for speed and/or endurance at which seating space and accessory food stands may be provided. |
| Radio and Television Studio | A radio and/or television production facility operated by a licensed FCC station to broadcast radio and television programming or which produce programming and feed such programming directly to an earth satellite for transmission back to earth. Communication towers taller than three hundred (300) feet, used for such purposes are deemed a separate principal use. |
| Railroad Terminal and Yard | An area of land covered with tracks for switching, storing, moving, repairing, and weighing of railroad cars, trains, or engines. |
| Recreational Use, Accessory | A recreational facility (e.g. swimming pool, tennis court) accessory to a principal use such as a hotel, multifamily development, single-family residence development, country club, etc. |
| Recreational Vehicle | See "Vehicle, Recreational" |
| Recreation, Active | Recreation requiring some constructed facilities and organized activities. |
| Recreation Center and Sports Center |
Public or non-profit health or exercise clubs, tennis or other racquetball courts,
swimming pools, YMCA's, YWCA's or similar uses which constitute principal uses and
are operated on a fee or membership basis. Accessory uses to such facilities may include:
snack bars, pro shops, and locker rooms, each of which is designed and intended primarily
for the use of patrons of the recreation and sports center.
It may be designed to accommodate multiple indoor and outdoor sporting events simultaneously; the facility may have a performance court gymnasium with bleacher seating for up to one thousand five hundred (1,500) spectators and a field house with track. The inside track area may have infield courts, facilitating basketball, volleyball, tennis or badminton. |
| Recycling Collection Facility | A building or enclosed space used for the collection and processing of recyclable materials that have been deposited on-site by the public or collected from various recycling deposit station sites. |
| Recycling Deposit Station | A facility operated by a public entity which includes a structure or closable bin in which newspapers, aluminum cans, plastics products, glass, corrugated paper or backyard waste (i.e., grass cuttings, tree limbs, etc.) are deposited for the purpose of being recycled. All such goods shall be housed at all times within the structure. The outdoor storage of all goods to be recycled shall be prohibited. |
| Residential Zoning District | See "Zoning District, Residential" |
| Restaurant | A commercial establishment where food and drink are prepared, and purchased on premises (either outdoors or indoors). The establishment may provide indoor or outdoor eating facilities or may be geared partially or primarily for take out food. If food consumption facilities are provided, they shall largely be within the building. Such establishment shall not have manned drive-through facilities. Restaurants, if properly licensed, may also serve alcoholic beverages. |
| Restaurant with Drive Through | A commercial establishment where food is prepared, and purchased within the principal building or through a drive-through window. The establishment may provide indoor eating facility or may be geared partially or primarily for take out food. |
| Retail | A building, property, or activity the principal use or purpose of which is the retail sale of goods, products, or merchandise directly to the consumer. Such a retail establishment shall not be classified as a "Retail" use, if listed elsewhere in the Table of Uses of this Ordinance. Examples of excluded uses include: restaurants, convenience store - fuel marts and convenience stores. |
| Riding Stable | A commercial facility where horses are sheltered and which may also contain grounds for the riding of horses. Horse racing shall not be allowed to take place on the grounds. |
| Right-of-Way | An area owned or maintained by the City of Gastonia, State of North Carolina, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities, or railroads. |
| Road, Frontage | A road that is in close proximity to and parallels a limited access road and is designed to provide access to roads that abut said limited access road. |
| Road, Private | Any right-of-way used for purposes of motor vehicle travel that has not been accepted for maintenance or ownership purposes by a public entity. |
| Road, Public | Any right-of-way not less than thirty (30) feet in width set aside for public travel and either which has been accepted for maintenance by the State of North Carolina or City of Gastonia, has been established as a public road prior to the date of adoption of this Ordinance, or which has been dedicated to the State of North Carolina or City of Gastonia for public travel by the recordation of a plat of a subdivision with the Gaston County Register of Deeds Office. |
| Rodeo | A public performance featuring bronco riding, calf roping, steer wrestling, bull riding and other similar activities. |
| Rodeo, Accessory | A public performance featuring bronco riding, calf roping, steer wrestling, horse show, bull riding and other similar activities on a tract or parcel of land where a bona fide farm or ranch is the principal use. |
| Rooming House | A single-family dwelling unit on a lot with assigned rooms for boarders that are rented or are designed to be rented, as an accessory use to the principal use of single-family occupancy by a permanent resident. The rooms individually or collectively shall not constitute separate dwelling units. The occupants must not have separate cooking facilities provided for any boarder. "Rooming House or Boarding House "Boardinghouse" shall not include similar uses such as bed and breakfasts, hotels or motels, health care facilities, group homes, halfway houses, hospitals, or rescue missions. |
| Satellite Dish | An apparatus capable of receiving a communications signal from a transmitter relay located in planetary orbit. |
| School, Elementary and Middle (Public and Private) | Any public, private or parochial institution offering instruction at the elementary or junior high school levels in the branches of learning and study required to be taught in the public schools of North Carolina. If said school is located on the grounds of a church or house of worship, it shall be considered a separate principal use if it has a student body in excess of fifty (50) students. Students enrolled in a day care center at the church shall not be separately counted as school students. |
| School, Senior High (Public and Private) | Any public, private or parochial institution offering instruction at the high school level in the branches of learning and study required to be taught in the public schools of North Carolina. |
| School, Vocational | A secondary or higher education facility primarily teaching usable skills that prepares students, who may be of all age groups, for jobs in a specific trade or vocation upon graduation. Examples of vocational schools include schools that teach: auto mechanics, secretarial studies, machine repair, computer technology, etc. |
| Schools for the Arts, Etc. | A school where classes in the various arts (e.g., dance, painting, sculpting, singing) are taught. As differentiated from a "vocational school," such schools are usually attended by persons of all ages where professional placement after graduation is not of significant importance. |
| Septic Tank Cleaning Service | A base of operations for a septic tank cleaning service. Areas designated for the disposal of septic tank waste shall be deemed a separate principal use. |
| Setback | A minimum distance specified for the various zoning districts measured inward from a property line that shall remain unoccupied and unobstructed upward except as may be permitted elsewhere in this Ordinance. |
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| Setback Line | See "Building Setback Line" |
| Setback, Front | That portion of the front yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Setback, Rear | That portion of the rear yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Setback, Side | That portion of the side yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. |
| Sewer, Community | Any package treatment plant or other sewage treatment facility serving two (2) or more sources not connected to individual or public systems and having a design capacity or greater than three thousand (3,000) gallons daily and/or a discharge to surface water, as permitted by the State of North Carolina. In addition, this definition shall include all connections to such a system. |
| Shopping Center | A group of two (2) of more retail establishments constructed and developed in one or more phases with customer and employee parking and merchandise and other loading facilities provided on-site. A shopping center may be located and developed on one or more lots, may contain one or more outparcels, and may include one or more principal buildings. A shopping center differs from an "office building" in that the majority the gross leasable area in a shopping center is devoted to retail and service uses serving the general public; the majority of gross leasable area in an office building is composed of office uses. Any uses located on outparcels which have points of ingress or egress from within the shopping center shall be considered as being part of that shopping center. |
| Shrub | An ornamental plant that is at least two (2) feet tall above the highest root at the time of planting. |
| Sight Triangle | The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway. |
| Sign | Any object, display, or structure, or part thereof, situated outdoors, or situated indoors that is installed to attract motorists' attention from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols. |
| Sign Face | The portion of the sign used for display of sign copy including all background area, pictures, and any other advertising devices shown in the sign. Excluded from this definition are the sign frame and supports. |
| Sign, Awning | A sign located on an awning. |
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| Sign, Building Marker | Any sign indicating the name of a building and date and incidental information about its construction. Such sign is typically cut into a masonry surface or made of bronze or other permanent material. |
| Sign, Changeable Copy | Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message. |
| Sign Copy | Any combination of letters, numbers or other graphical representation that is intended to inform, direct or otherwise transmit information. |
| Sign, Directional | A sign fronting on a road containing only the name of the principal use, insignia, trademark, directional arrow and/or distance to the principal use. Such use shall not be visible to the motorist at the location at which the sign is placed. |
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| Sign, Directory | A ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information. |
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| Sign, Electronic Changeable Message (ECMS) | A sign, or portion thereof, which utilizes lights (including but not limited to light emitting diodes (LED) or screens, to form a message in the form of copy, text or images, and is capable of changing message through electronic controls. ECMS shall include prices of motor fuels displayed in LED's. Time and temperature signs shall not be deemed ECMS. |
| Sign, Feather | A type of freestanding temporary sign typically that contains a harpoon-style pole or staff driven into the ground for support, supported by means of an individual stand. |
| Sign, Flashing | A sign that uses an intermittent or flashing light source or windblown and/or mechanically moved reflective material to attract attention. |
| Sign, Government | A sign, usually erected and maintained by a public agency, that provides the public with information and in no way relates to a business, commercial activity or specific use. Examples include, but are not limited to: speed limit signs, city limits signs, stop signs and street name signs. |
| Sign, Ground | Any sign which extends from the ground or which has supports which places the bottom thereof less than two (2) feet from the ground directly beneath the sign. A "monument" sign shall be considered to be a "ground sign." |
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| Sign, Identification | A sign bearing the address of the premises or name of occupant, but containing no logo or commercial message. |
| Sign, Incidental | A sign, generally informational, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar information and directives. No sign with a commercial message legible from a position off the site on which the sign is located shall be considered an "incidental sign." |
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| Sign, Light Emitting Diode (LED) | A sign using light emitting diode technology that is designed to project an advertising display that is controlled via the use of a computer or similar type equipment. Such sign may emit messages that are either scrolled or static. |
| Sign, Mailbox | The writing, text, representation, graphic, emblem or other display, together with any material or color forming an integral part of the background of the display that is placed on or is in any way affixed to a mailbox used for the purposes of official mail delivery to a lot. |
| Sign, Menu Board | An accessory sign providing items and prices associated with a drive-through window. |
| Sign, Monument | See "Sign, Ground" |
| Sign, Non-Commercial Copy | A sign, other than a "political sign" that contains a message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States. |
| Sign, Nonconforming | A sign that, on the effective date of this Ordinance or the date of any subsequent amendment thereto, does not conform to one or more of the regulations set forth in this Ordinance. |
| Sign, Off-Premise Advertising |
A sign, other than a "directional sign," "non-commercial copy sign" or other sign
specially allowed by this Ordinance to be placed off-premises, that draws attention
to or communicates information about a business, service, or commodity that exists
or is conducted, sold, offered, maintained, or provided at a location other than the
premises where the sign is located. An "off-premise advertising sign" may also be
referred to as a "billboard." Types of off-premise advertising signs typically include
electronic changeable face, changing/tri-vision, and static.
Off-premise advertising sign, Electronic Changeable Face - A digital advertising sign is a sign which electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LED's), fiber optics, or other similar technology where the message change sequence is accomplished immediately. Electronic changeable face outdoor advertising signs include computer programmable, microprocessor controlled electronic or digital displays that display electronic, still images, still graphics or still pictures, with or without textual information. Electronic changeable face outdoor advertising signs do not include animated or scrolling images, graphics, video active images (similar to television images), projected images or messages onto buildings or other objects. |
Off-premise advertising sign, Tri-vision - A type of electronic advertising sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and which properly functioning allows on a single sign structure the display at any given time of up to three images. Off-premise advertising sign, Static - A type of outdoor advertising sign, generally, but not limited to, a rigidly assembled sign, display, or devise, that is free-standing and affixed to the ground, the primary purpose of which is to display advertising messages or information that can be changed manually in the field. Such signs are generally design so that the copy or poster on the sign can be changed frequently and the advertising space is for lease. | |
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| Sign, On-Premises | A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located. |
| Sign, Pole | A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building but not including ground-mounted or monument signs. The bottom of such signs shall be greater than two (2) feet from the ground directly beneath the sign. |
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| Sign, Portable | Any sign not permanently attached to the ground or other permanent structure, nor specifically constructed for such attachment; or a sign designed to be transported, including but not limited to the following: signs designed to be transported by means of wheels; signs converted to A- or T-frames; gas or hot air filled balloons. |
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| Sign, Projecting | Any sign other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted. |
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| Sign, Roof | A sign erected or maintained in whole or in part upon or over the roof or parapet of a building. |
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| Sign, Rotating | A sign that revolves or turns or has external sign elements that revolve or turn. Such signs may be power-driven or be propelled by the force of wind or air. |
| Sign, Sandwich Board | A temporary A-frame sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels that form both the structure and sign face, and that is intended to be placed in a sidewalk or pedestrian way. |
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| Sign, Setback | The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the sign or its supporting structure whichever is nearest to the property line or right-of-way. |
| Sign, Skyline | A sign attached to the topmost band or bands of the building facade. |
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| Sign, Subdivision Identification | A sign that gives the name of a residential or non-residential subdivision or multi-family development. |
| Sign, Suspended | A sign that is suspended from the underside of a horizontal plane surface and supported by such surface. |
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| Sign, Temporary | A sign that is not affixed to poles, posts, stakes or other supporting structures that are permanently installed or anchored into the ground through the use of concrete foundations or similar anchoring techniques or permanently secured to a building. |
| Sign, Wall | Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Signs directly painted on walls shall be considered wall signs. |
| Signage, Context Sensitive | Signage that complements the built and/or natural environment in which it is placed, generally accomplished through guidelines or requirements pertaining to height, size, relative scale, siting, landscaping, architecture, construction materials, texture, lighting, and color. |
| Signs, Vehicular | Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle as parked is to advertise a product or to direct people to a business or activity located on the same or nearby property. Vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other transportation purposes. |
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| Single Housekeeping Unit | The functional equivalent of a traditional family, whose members are an interactive group of persons having close social, economic, psychological commitments to each other, jointly occupying a single-family dwelling unit as a relatively permanent household, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities and where, if the unit is rented, all adult residents have chosen to jointly occupy and be responsible for the entire premises of the dwelling unit whether under a single or multiple written rental agreements or leases, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. |
In determining whether individuals living together are the functional equivalent of a family, the following criteria shall be considered: (a) Length of stay together among the occupants in the dwelling unit. (b) The presence of minor, dependent children regularly residing in the household. (c) The presence of an individual acting as head of household. (d) Proof of sharing expenses for food, rent or ownership costs, transportation, insurance, utilities, and other household expenses. (e) Common ownership of furniture and appliances and the common use of vehicles among the members of the household. (f) Whether the household is a temporary living arrangement or a framework for transient living. (g) Whether the composition of the household changes from year-to-year or within the year. (h) Whether each of the occupants uses the address of the dwelling for their vehicle registration, drivers' licenses, passports, bank accounts, bills, loans, tax returns, and other licenses and permits, etc. (i) Whether the occupants share the entire dwelling unit or act as separate boarders. (j) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family. | |
| Site Plan | A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features. |
| Site Specific Development Plan | A dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, street pattern and other similar features. |
| Sketch Plan | A plan, drawn to scale, which provides the following information: vicinity map, property lines, location of existing building, location of proposed buildings and their dimensions, proposed use, distance between property lines and proposed buildings, square footage, and existing parking area. |
| Slope | Degree of deviation of a surface from the horizontal that is measured as a numerical ratio or percent. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), e.g., 2:1. Slope can also be expressed as the rise over the run when used in building applications when referencing roof pitches, e.g., 6:12. |
| Small Engine Repair and Services | The repair of machines driven by small fuel powered engines, compressed air or electric motors such as lawn mowers, tillers, weed trimmers, jackhammers, power saws, drills and chain saws but not including motor vehicles, tractors, earth moving equipment and similar self-propelled machines. |
| Solid Waste Transfer Station | A fixed facility where non-hazardous solid waste materials are taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility. |
| Special Event | Any organized event, specifically including, but not limited to, a circus, carnival, cultural event, fair, party, communal camping, or celebration, which may reasonably be expected to increase the risk of: (1) Damage to public or private property, beyond normal wear and tear; (2) Injury to persons; (3) Public or private disturbances or nuisances; (4) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; (5) Significant additional police, fire, trash removal, maintenance, or other public services demands; or (6) Other significant adverse effects upon the public health, safety, or welfare. The term "special event" shall not include any organized activities conducted at sites and facilities that are legal uses and structures under this Ordinance and that are typically intended and used for such activities. Examples of such activities include, but are not necessarily limited to, sporting events such as 10K runs not held on public rights-of way, golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls; funeral services; religious services; or noncommercial activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multi-family residential development. |
| Special Use Permit | A permit issued in accordance with Section 5.11 of this Ordinance to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as Conditional Use Permits. |
| Square | An open space area that is surrounded by streets and/or buildings, that is accessible by the pedestrian, and that includes walks, lawns and trees. As opposed to a "plaza," a "square" consists primarily of landscaped and natural areas. |
| Stadium | A structure or facility designed, intended, or used primarily for outside athletic events and containing seating for over one hundred (100) spectators of those events, but not including a racetrack or any structure within a publicly owned park. The sale of beverages, snack foods, and sundries geared to on-premise consumption or usage by spectators shall be permitted. |
| Staging Space | An area of temporary standing storage for one automobile awaiting drive-in service or commodity pickup. |
| Storage Building Sales and Display | A retail establishment primarily engaged in the sale and display of storage buildings and sheds, gazebos, greenhouses, and other accessory structures primarily intended for residential use. |
| Storage, Open or Outdoor | The keeping of any goods, materials, equipment or any other item or items (with the exception of vehicles normally used for transport) outside in the open or under a structure containing a roof but no walls. |
| Story, Building |
That portion of a building included between the surface of any floor and the surface
of the floor next above, except that the topmost story shall be that portion of a
building included between the surface of the top most floor and the ceiling or roof
above.
For purposes of this Ordinance, when the floor area of single-family and two-family dwellings is partially or wholly built into the framing of the roof or where the upper level gross floor area is less than seventy (70) percent of the lower gross floor area it will be considered one story. |
| Street | A dedicated public right-of-way for vehicular traffic not less than fifty (50) feet in width. The word "street" includes, but is not limited to, "road, roadway, freeway, highway, expressway, drive, avenue, court, way, place, circle, lane, boulevard, and thoroughfare." |
| Street, Center-line | The line surveyed and monumented as the center line of the street; or, if such center line has not been surveyed, it shall be the line running midway between the curbs or ditches of such street. |
| Street, Collector | A roadway that, while providing access to abutting land parcels, enables moderate volumes of traffic to move efficiently between local streets and the major street network. |
| Street, Dead End | Any street having but one outlet for vehicular traffic. |
| Street, Freeway | A major thoroughfare providing for high-speed mobility and having no at-grade crossings. |
| Street, Half | A partial dedicated public right-of-way. |
| Street, Major Thoroughfare |
Also see "Principal Arterial"
A street which is connected to a network of continuous routes that serves statewide or interstate traffic as shown on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Street, Marginal Access | A street which is parallel to and adjacent to a freeway or a major thoroughfare and which purpose provides access to abutting properties and protection from through traffic. |
| Street, Minor Thoroughfare |
Also see "Minor Arterial"
A street leading to, or connecting major thoroughfare streets and carrying predominantly through traffic as shown on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Street, Residential | A street predominantly used to provide access to abutting residential properties. |
| Street Right-of-Way | An area of land occupied or intended to be occupied by a public street, for such purpose, areas claimed by a municipality or the State of North Carolina for such purposes, or actually used for such purposes. |
| Structure | A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. |
| Structure, Accessory | A structure separate and subordinate to the principal structure located on the same lot as the principal structure used for purposes customarily incidental to the principal structure. An accessory structure may also be referred to as an "accessory building." Stormwater facilities shall not be deemed accessory structures. |
| Structure, Detached | A structure having no party wall or common wall or other physical attachment or connection with another structure. |
| Structure, Nonconforming | Any structure lawfully existing on the effective date of these regulations, or any amendment to it rendering such structure nonconforming, which does not comply with all of the standards and regulations of these regulations or any amendment thereto. |
| Structure, Permanent | A structure constructed for permanent occupancy that is in compliance with all applicable North Carolina building codes and all applicable local and State standards. |
| Structure, Principal | A structure containing the principal use which takes place on the lot. A principal structure may also be referred to as a "principal building." |
| Structure, Temporary | A structure not intended for permanent occupancy and designed for easy removal off premises. Examples include, but are not limited to: produce stands, revival tents, mobile classrooms, etc. |
| Subdivider | Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. |
| Subdivision | The division of land for the purpose of sale or development as specified in G.S. 160D-802 as follows: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and 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 the subdivision regulations enacted pursuant to this Ordinance: |
| 1. The combination or recombination of portions of 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 and regulations prescribed by the Ordinance; | |
| 2. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved. | |
| 3. The public acquisition of strips of land for the widening or opening of streets, or for public transportation system corridors. | |
| 4. The division of a tract in single ownership whose entire area is no greater than two (2) acres and into not more than three (3) lots where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards contained herein. | |
| 5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with the intestate succession under Chapter 29 of the General Statutes. | |
| 6. A local government may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met: | |
|
1. The tract or parcel to be divided is not exempted under subsection (2) above.
2. No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division. 3. The entire area of the tract or parcel is greater than 5 acres. 4. After division, no more than three lots result from the division. 5. After division, all resultant lots comply with all of the following: a. All lot dimension size requirements of the applicable land use regulations, if any. b. The use of the lots is in conformity with the applicable zoning requirements, if any. c. A permanent means of ingress and egress is recorded for each lot. | |
| Subdivision Administrator | The person designated by the City Manager to perform the function and exercise the responsibilities assigned by this Chapter to the Subdivision Administrator. |
| Subdivision, Major/Unified Development |
A subdivision where:
1. New streets (public or private) are proposed, or 2. the entire tract to be subdivided is greater than ten (10) acres in size; or 3. where more than five (5) lots will result after the subdivision is completed or 4. where extension of any sewer or water system is required. |
| Subdivision, Minor/Unified Development |
A subdivision where:
1. no new streets (public or private) are proposed; and 2. the entire tract to be subdivided is ten (10) acres or less in size; and 3. where no more than five (5) lots will result after the subdivision is completed and 4. where no extension of any sewer or water system is required. |
| Swim/Tennis Club | A private outdoor recreation facility featuring a swimming pool and/or tennis courts. The facility (depending on its zoning district) may be run either as a private club (in commercial and residential districts) or as a commercial use (in commercial districts only). Other on-premise may include racquetball, basketball and similar outdoor courts. Golf courses shall not be allowed. |
| Swimming Pool | A receptacle for water, or an artificial pool of water having a depth at any point of more than two (2) feet and with a capacity of more than one thousand (1,000) gallons, designed or intended for the purpose of swimming or recreational bathing. |
| Swimming Pool Sales, Service and Supplies | A facility where swimming pools and swimming pool-related products are displayed and sold. Such facility may have the outdoor display of products for sale. |
| Tattoo Parlor/Body Piercing Establishment | An establishment whose principal business activity is (1) placing ink under the skin using needles that result in the coloration of the skin or (2) for piercing of the body (other than for the ear). |
| Taxidermist | A facility used for the operation of a taxidermy business. |
| Technical Review Committee (TRC) | As part of the assigned duties by this Ordinance, the TRC is a staff committee which has the authority to review and approve final plats for minor subdivisions/unified development and which may make decisions on preliminary plats for major subdivision/unified developments. |
| Telecommunications Equipment Buildings | The buildings in which the electronic receiving and relay equipment for a telecommunication facility are housed. |
| Theater, Outdoor Movie | A facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile. |
| Thoroughfare | A road so designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Thoroughfare Plan | The most recently adopted version of the Comprehensive Transportation Plan (CTP). |
| Tire Recap Facility | A facility engaged in the business of recapping tires. |
| Tire Sales, New and/or Used | A place where the principal use is the sale or installation of new, used or retread tires and tubes to the general public. Tires may be stored, maintained, altered, repaired, changed, prefabricated or disposed on the premises. Other ancillary indoor car repair services (other than services associated with a "body shop") may be provided on premises. |
| Tower, Lattice | A freestanding and self-supporting structure consisting of connected sections of metal supports used to support telecommunication equipment. These towers can be either three- or four-legged steel girdered structures designed typically to support multiple telecommunications users. |
| Tower, Monopole | A freestanding and self-supporting single pole structure that supports telecommunication equipment. |
| Tower, Stealth | A tower facility that is designed and constructed in a manner such that the antenna, support apparatus and associated structures are aesthetically and architecturally appropriate and consistent with regards to an existing structure or the immediate area in which the tower is located. Examples include, without limitation, church steeples, bell towers, flag poles, towers camouflaged as trees, etc. Where a tower is disguised as a tree, the appearance of the tower shall be consistent with tree species found locally. |
| Tower, Radio and Television Broadcast | A tower and/or associated station which receives and/or sends radio and/or television waves such as radio towers. This definition does not include amateur radio antennae. |
| Townhouse | A form of single-family attached dwelling where three (3) or more dwelling units located on separate lots are joined by a common building wall. |
| Tract, Parent | A parcel or tract respectively, lawfully in existence on the effective date of this Ordinance, from which lots are subdivided from and created. |
| Traditional Neighborhood Development (TND) | A development that exhibits the principles and characteristics as outlined in Section 8.1.13. |
| Traffic Impact Analysis/Study | A report produced by a qualified professional (i.e. Transportation Engineer, Transportation Planner, Traffic Engineer, etc.), in association with subdivision plat approval that, at a minimum, addresses the following items in relationship to the proposed subdivision: |
| a. An estimation of traffic generated; | |
| b. An estimation of trip distribution to and from the development; | |
| c. An analysis of the existing road system serving the development (to the nearest major intersections) and the effect of the development on that system; | |
| d. A listing of proposed improvements, both on and off-site, and their effect on the existing system. | |
| Train Terminal | See "Bus or Train Terminal, Passenger" |
| Transit Station | Any premises designed for the loading and unloading of rail and/or bus passengers from a public transit system. May include incidental, related uses, such as meeting facilities, newsstands, and incidental office and retail uses. Facilities commonly referred to as "bus stops" and which are designed to accommodate a handful of passengers (at most) at one time, shall not be considered as being "transit stations." |
| Transitional Housing Facility | A facility operated and funded by a nonprofit, charitable, religious, or governmental organization that provides temporary housing, which may also include meals, to not more than twelve (12) persons. The term "temporary" as used in this definition shall mean a facility that has rules limiting stay to ninety (90) days or a progressing (stepped) program toward client independence that does not exceed eighteen (18) months. Any such facility must provide support services, including but not limited to counseling on an ongoing basis to residents to comprehensively assist the residents with their needs such as homelessness, employment, health and behavioral matters, and life skills. |
| Tree, Canopy | A tree, either single or multi-stemmed (i.e., in clump form) that is of a species which, at maturity, can be expected to reach a height in excess of forty (40) feet under normal growing conditions in the local climate. If the tree is single-stemmed, it shall have a caliper of at least two (2) inches at the time of planting. Multi-stemmed trees shall be at least ten (10) feet in height at the time of planting. |
| Tree, Understory | A tree, either single or multi-stemmed (i.e., in clump form) that is of a species, which, at maturity, can be expected to reach a height of ten (10) to forty (40) feet under normal growing conditions in the local climate. If the tree is single-stemmed, it shall have a caliper of at least one and one-half (1.5) inches at the time of planting. Multi-stemmed trees shall be at least five (5) feet in height at the time of planting. |
| Truck Stop | A facility typically offering multiple services to the traveling public that is particularly designed to serve the need of freight trucks and their drivers. Such facilities typically include fuel stations (dispensing fuel for trucks, and perhaps, for automobiles), one or more eating establishments and/or sale of prepared food, sales of convenience and sundry items, shower facilities, and overnight lodging facilities. Not all such facilities are provided at all truck stops. The foregoing definition distinguishes a "truck stop" from (1) a convenience store, (2) mini-mart, express fuel, (3) shopping center, and (4) planned multi-tenant development. |
| Truck Terminal | A facility where cargo is stored and where trucks load and unload cargo on a regular basis for delivery. |
| Truck and Utility Trailer Rental Facility | An establishment where trucks and trailers, not including tractor-trailer trucks or their component units, are to be rented to the general public. Such vehicles may be dropped off at the same or at some other facility. Such uses may be allowed as an accessory use to an existing auto service station where the service station is a use by right in the zone in which it is located. Such rental trucks and trailers shall be parked in designated parking spaces, which are not counted for meeting any off-street parking requirements. |
| Truck Washing Facility | A commercial establishment primarily engaged in the washing of tractor-trailer trucks. Such washing shall be done using self-service facilities or by fully automated machines. |
| Twin House | Two (2) dwelling units on separate lots joined by a common building wall along the property line. |
| Unified Development | One or more tracts of land developed as a single entity to be occupied by separate families, firms, businesses, or other enterprises. Development may be one or more principal structures on one or more lots. Interior lots may be served by private streets within the development. Provided, however, the following land uses located on the same lot as a principal use and in connection with said use, shall not alone make a development a unified development: |
| (1) A residence for a minister on the same lot as a church; | |
| (2) A single residence, located on the same lot as a golf, tennis, or swim facility for the purpose of occupancy by the owner, caretaker, or manager of such facility; | |
| (3) An automated teller machine (ATM), automated film deposit facility, automated recycling facility, or similar automated facility (i.e., operated without personnel other than for periodic servicing) within the parking lot of the principal use; | |
| (4) An "in-store adjunct business," | |
| Use, Accessory | A use that is customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. |
| Use By Right | See "Use, Permitted" |
| Use, Conditional | A use category, indicated by a "C" in Table 7.1-1, that is allowed only if it is reviewed and approved in accordance with the conditional use procedures of Section 5.11. |
| Use, Incidental | A use located on the same lot as a primary use, but is subordinate and minor in significance to the principal use, and bears a reasonable relationship with the principal use. |
| Use, Nonconforming | A use or activity which does not conform to the use regulations of this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments which are incorporated into this Ordinance at some future date. |
| Use, Permitted | A use category, indicated by an "X" in Table 7.1-1 that is allowed by right in a certain zoning district. These uses are subject to all other applicable regulations of this Ordinance. |
| Use, Principal | The primary or predominant use of any lot. |
| Use, Temporary | A land use or structure this is needed or in place only for short periods. |
| Used Tire Dealer (Principal Use) | A commercial establishment primarily engaged in the sale of used tires. No more than twenty-five (25) percent of the inventory shall be stored out of doors at any time. All outdoor storage and display shall be situated on racks and screened from the public street (day and night). |
| Variance | A relaxation of the strict terms of a specific provision of this Ordinance as approved by the Board of Adjustment in accordance with the provisions of Section 5.14 of this Ordinance. |
| Vehicle, Commercial | A truck of any type used or maintained primarily to transport material or to operate a power attachment or tool. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle, except for passenger vehicles having such affixations. |
| Vehicle, Emergency | A vehicle of a police or fire department, rescue squad, or similar public service agency that is used in response to an emergency call. |
| Vehicle, Inoperable | A vehicle that for a continuous period of more than seventy-two (72) hours has been in a state of disrepair and is incapable of being moved under its own power. |
| Vehicle, Junked | Per G.S. 160A-303, a motor vehicle that does not display a lawful and valid license plate and: |
| (i) is partially dismantled or wrecked; or | |
| (ii) cannot be self-propelled or moved in the manner in which it was originally intended to move; or | |
| (iii) is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00). | |
| Vehicle, Passenger | An automobile, van, or pickup truck used exclusively as a passenger vehicle and/or for hauling property of the owner. Pickup trucks may qualify as passenger vehicles only when used exclusively as passenger vehicles or for hauling property of the owner and not equipped as a camper or a commercial vehicle. |
| Vehicle, Recreational | A vehicle that is designed as a temporary (as opposed to permanent) dwelling for travel, recreational or vacation uses. This term shall include "camping trailer," "motor home," "travel trailer," "truck camper" and "R.V." This term shall not include "manufactured homes" or "modular homes." |
| Vehicle, Septic Tank | A vehicle used primarily for the purpose of cleaning, maintaining and repairing septic tank systems. |
| Vehicle, Solid Waste | A vehicle used primarily for the transport of solid waste. |
| Vested Right | The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific site and/or subdivision plan or through a "common law" vested right as described in Section 3.2.3(B). |
| Wall, Building | The entire surface area, including windows and doors, of an exterior wall of a building. As used in this Ordinance, the area of a wall will be calculated for a maximum of fifty (50) feet in height of a building. The term may also be referred to simply as a "wall" or "exterior wall." |
| Wall, Shared | A common or shared wall between two (2) separate structures, buildings, or dwelling units. |
| Warehouse | A building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one or more lessees of space in the facility of both, with access to contents only through management personnel. |
| Water, Public | Any water system defined as such by the North Carolina Division of Health Services that complies with the regulations of the North Carolina Division of Health Services and the community water system standard Ordinance adopted by the City of Gastonia. |
| Wholesale Sales Operation | A place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. The majority of all sales of such businesses shall be for resale purposes. The zoning administrator may require proof of this through sales tax reports. Wholesale clubs and similar membership warehouses, where membership is easily available to the consuming public, and similar businesses shall not be deemed "wholesale sales operations" but rather shall be considered a retail sales operation. |
| Wireless Communications | Any personal wireless service, including but not limited to: cellular; personal communication services (PCS); specialized mobile radio (SMR); enhanced specialized mobile radio (ESMR); and, unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging). |
| Wireless Facility |
Equipment at a fixed location that enables wireless communications between user equipment
and a communications network, including (i) equipment associated with wireless communications
and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include any of the
following:
a. The structure or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. |
| Wireless Services | Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities. |
| Wireless Support Structure | A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure. |
| Winery (including vineyard) | An establishment, whether as a principal or accessory use, which manufactures or produces wine or sparkling wine. |
| Wood Waste Grinding Operation | A facility where organic wastes are treated or processed for recycling or reuse in soil-plant related industries, including activities such as grinding or chipping land clearing debris, high carbon wood waste, nitrogen yard waste, and untreated and unpainted pallets or construction wood waste into mulch or fuel. |
| Working Days | Days exclusive of Saturdays, Sundays, and legal holidays observed by the City of Gastonia. |
| Yard, Front | An area measured between the edge of the public street right-of-way line, and the front of a building, projected to the side lot lines. On corner lots, the front yard shall be measured perpendicular from the street lot line having the shortest linear footage. If both street lot lines have equal linear footage, the property owner shall determine the location of the front yard where no principal structure is located. If a principal structure is located on such a lot, the front yard shall be based on the architectural orientation of the building. The determination of front (side and rear yards) in a planned multi-tenant development shall be considered on a case-by-case basis. |
| On through lots, the required front and rear yard setbacks shall each equal or exceed the greater required front or rear yard setback, which would normally be applied in that zoning district. For example, if a through lot were located in a zoning district which normally required a 30-foot front setback and a 35-foot rear setback, both front and rear setbacks would each have to be a minimum of thirty-five (35) feet. Accessory structures may generally only be placed on through lots in the rear yard. The front yard shall be determined based on the architectural front of the proposed structure and other structures on the same block and side of the street. | |
| On through lots within commercial zoning districts, the required front and rear yard setbacks illustrated above may be reduced by ten (10) feet. For example, if a through lot were located in a commercial zoning district which normally required a 30-foot front setback and a 20-foot rear setback, both front and rear setbacks on a through lot may be reduced to a minimum of twenty (20) feet. Where setback relief is granted opposing a residential lot, street trees shall be installed along said property boundary. The setback provisions within TH thoroughfare overlay districts shall remain unchanged. | |
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| Yard, Rear | A yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto and passing through the point of the principal building nearest the rear lot line. |
| Yard Sale | The sale or offering for sale to the general public of over five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. This may also be referred to as a "garage sale," "carport sale," or "rummage sale." |
| Yard, Side | A space extending from the front yard to the rear yard between the principal building and the side lot line as measured perpendicular from the side lot line to the closest point of the principal building. |
| Zoning District, Commercial | The commercial zoning districts include the Central Business District (CBD), Urban Mixed Use (UMU), Light Commercial (C-1), Highway Commercial (C-2), and General Commercial (C-3) districts. |
| Zoning District, Conditional | A zoning district that is enacted at the request of the property owner and what is approved in a legislative manner by the governing board. Fair and reasonable conditions not otherwise spelled out in the Ordinance may be attached to such approval. Both the applicant and the governing board shall mutually agree upon such conditions prior to the adoption of such a zoning district. |
| Zoning District, General | A section or portion of the City of Gastonia within which certain zoning regulations and requirements governing the use of buildings and land apply under the provisions of this Ordinance. |
| Zoning District, Industrial | The industrial zoning districts include Light Industrial (I-1), General Industrial (I-2), Exclusive Industrial (I-3), and Urban Industrial (IU) districts. |
| Zoning District, Office | The office zoning districts include Transitional Mixed Use (TMU), Office/Light Commercial (OLC), Office (O-1) and the Medical Office (OM) districts. |
| Zoning District, Overlay | A zoning district established under this Ordinance that prescribes special regulations to be applied to a site in combination with the underlying or base district. |
| Zoning District, Residential | The residential zoning districts include three (3) "rural residential" districts, RSF, RSB and RSC and four (4) "urban residential" districts, RS-20, RS-12, RS-8 and RMF. |
| Zoning District, Urban Standards Overlay | An overlay district, as described in Section 6.3 of this Ordinance, that prescribes certain design and performance standards on new developments, other than single- and two-family dwellings, in designated urban and urbanizing areas of the planning jurisdiction. |
| Zoo | An area, building or structure that contain animals on exhibition for viewing by the public. A petting zoo located on the premises of a "botanical garden," as herein defined, shall not be classified as a "zoo." Rather, this shall be considered as an accessory use to the "botanical garden." |
(Ord. No. 10-578, § 1, 2-16-10; Ord. No. 10-585, § 1, 8-17-10; Ord. No. 11-593, § 1, 8-2-11; Ord. No. 11-594, § 1, 9-6-11; Ord. No. 12-600, § 2, 2-7-12; Ord. No. 12-610, § 1, 5-15-12; Ord. No. 14-630, § 1, 2-18-14; Ord. No. 14-635, § 1, 11-18-14; Ord. No. 16-646, § 2, 5-17-16; Ord. No. 16-651, § 1, 10-18-16; Ord. No. 17-651, § 1, 3-21-17; Ord. No. 17-662, § 8-15-17; Ord. No. 19-691, § 1, 8-20-19; Ord. No. 18-678A, § 1, 9-18-18; Ord. No. 20-695, § 1, 2-18-20; Ord. No. 20-697, § 1, 3-17-20; Ord. No. 20-725, § 1, 9-1-20; Ord. No. 21-737, § 1, 5-18-21; Ord. No. 21-739, § 1, 6-15-21; Ord. No. 21-742, § 1, 8-10-21; Ord. No. 21-746, § 1, 9-21-21; Ord. No. 21-753, § 1, 12-21-21; Ord. No. 22-761, § 1, 4-5-22; Ord. No. 24-813, § 2, 9-17-24; Ord. No. 25-828, § 1, 4-15-25; Ord. No. 25-832, § 1, 7-15-25)
