The terms for allowable uses are defined in this section and the extracts of the 1987 Standard Industrial Classification Manual (SIC) set forth in KBC 15.44.010 Appendix A. See KBC 15.08.040.D for additional guidance.

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

Accessory building and use shall mean a subordinate building, the use of which is incidental to that of a principal building on the same parcel. (See KBC 15.36.040 and KBC 15.36.070)

Adult bookstore shall mean an establishment having, as a substantial and significant portion of its stock in trade, books, magazines, other periodicals, videos, and/or streaming data which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas including, without limitation, exposed or opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola or any establishment trading in such books, magazines, other periodicals, videos, and/or streaming data which limits its customers to persons over 18 years of age. Adult cabaret shall mean an establishment whose principal business or commercial activity is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas including, without limitation, exposed or opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola. Adult establishment shall mean an adult bookstore, adult cabaret, or an adult motion picture theater. Adult motion picture theater shall mean a structure or facility used for presenting, for its customers or patrons, motion pictures, videos, and/or streaming data which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas including, without limitation, exposed or opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola and which limits its customers or patrons to persons over 18 years of age.

Agriculture shall mean noncommercial farms, including horticulture, floriculture, dairying, livestock and poultry. No farms shall be operated for commercial purposes, nor shall there be farms for piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been on the premises for at least a period of one (1) year immediately prior thereto and for the use and consumption of persons residing on the premises.

Alley shall mean a public or private thoroughfare, which affords only a secondary means of access to abutting property.

Alterations shall mean any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls, or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.

Apartment (6513) shall mean any building or portion thereof used as a multifamily dwelling for the purpose of providing a complete rental dwelling unit may share means of egress.

Awning shall mean a roof like projection which extends from a building to shelter passerby from the weather. The sides of an awning, canopy, or marquee shall be open except for necessary supports, planting boxes and signs.

Balcony shall mean an open platform projecting from the wall of a building usually supported by brackets and enclosed by a railing.

Barrier shall mean curbs, walls, fences, or similar protective and located to protect public right-of-way and devices designed adjoining properties.

Basement shall mean a story partly underground but having at least sixty (60) percent of its height above the average level of the adjoining ground.

Beach shall mean a stretch of land, either public or private, along the Atlantic Ocean starting within the town's jurisdiction, up to first row of vegetation or structure.

Bed and breakfast home shall mean a business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week and that meets all the following criteria:

1. Does not serve food or drink to the general public for pay. 
2. Serves the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals, only to overnight guests of the home.
3. Includes the price of breakfast in the room rate. The price of additional meals served shall be listed as separate charges on the overnight guest's bill rate at the conclusion of the overnight guest's stay. 
4. Is the permanent residence of the owner or the manager of the business.
   
   

Bed and breakfast inn shall mean a business of at least nine but not more than 12 guest rooms that offers bed and breakfast accommodations for a period of less than one week, and that meets all the following requirements:

1. Does not serve food or drink to the general public for pay.
2. Serves the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals only to overnight guests of the business. 
3. Includes the price of breakfast in the room rate. The price of additional meals served shall be listed as separate charges on the overnight guest's bill at the conclusion of the guest's stay. 
4. Is the permanent residence of the owner or the manager of the business.
   
   

Bedroom shall mean a room 10x10 or larger, having a closet, and intended primarily for sleeping.

Billboard shall mean any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from such display.

Block shall mean the lengthdefinition ofstreet between twosign(2below street intersections)

Boarding house (7021) shall mean Rooming House as defined herein.

Board of Adjustment see KBC 12.04.020.

Buffer shall mean an area or means of separating two (2) adjacent areas. The design, composition, height, and location of such facilities shall be approved by the town zoning enforcement officer.

Buffer strip shall mean an area or means of separating two (2) adjacent areas. The design, composition, height and location shall be approved by the zoning enforcement officer. The buffer strip shall be a solid fence, wall, or a planted strip composed of deciduous and or evergreen trees spaced not more than ten (10) feet apart, and not less than one (1) row of dense shrubs spaced not more than five (5) feet apart, which shall be established and maintained in perpetuity by the owner of property whenever required under the terms and provisions of this chapter.

Building shall mean any structure used or intended for supporting or sheltering any use or occupancy.

Building area shall mean a structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars and trailers; provided that, however, the term "building" shall not mean nor be construed so as to include a container. The term "building" shall be construed as if followed by the words or part thereof.

Building, front line of shall mean that face of the principal building nearest the front line of the lot, facing the road.

Building, height of shall mean the vertical distance from the mean elevation of the finished grade of the building site, (the land area immediately below said building) to the highest point of the roof.

Building inspector shall mean the officer or other designated authority charged with the administration and enforcement of the building code or his duly authorized representative or agent.

Building line shall mean a line, which established the minimum allowable horizontal distance between the lot line and the nearest portion of any structure on the lot. (See yard requirements)

Building permit shall mean written permission granted by the building inspector for the erection, relocation, reconstruction or structurally altering any building.

Building, principal shall mean a building in which is conducted the main or principal use of the lot on which said building is situated.

Canopy sign shall mean a projecting sign attached to or hung from a marquee and such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building line or property line.

Cellar shall mean a story having more than forty (40) percent of its height below the average level of the adjoining ground.

Certificate of compliance shall mean a certificate that a premise conforms to provisions of the zoning regulations and building code and may be used or occupied.

Club shall mean an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, social or the like.

Common areas and facilities shall mean those areas of a housing project and of a property upon which it is located within the Town's planning and development regulation jurisdiction which are for the use and enjoyment of the owner of family units located in the project. The areas may include the land, roofs, main walls, elevators, staircases, lobbies, halls, parking space, and community facilities. Community facilities are noncommercial recreational facilities such as a club house, swimming pool, tennis court or beach access for the exclusive use and enjoyment of the owners of family units located in the project.

Common party walls shall mean a wall, used jointly by two (2) parties under easement agreement, erected upon a line separating two (2) parcels of land, each of which is a separate real estate entity.

Common open space shall mean open areas, the use of which is shared by all tenants and/or property owners, as distinguished from space designated for their private use.

Condominium shall mean a system of individual fee ownership of complete dwelling units in a multiunit structure, whose ownership is not time shared, combined with joint ownership or common areas of the structure and land.

Container shall mean any standardized shipping container used for intermodal freight transport. Also known as cargo or freight container, ISO or intermodal container, and shipping, sea or ocean container.

Deck shall mean an open, unroofed porch or platform extending from or in near proximity from a house or other building.

Development shall mean any of the following: the construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; the excavation, grading, filling, clearing, or alteration of land; the subdivision of land as defined in G.S. 160A-376; or the initiation of substantial change in the use of land or the intensity of the use of land.

Development Permit shall mean an administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal, including, but not being limited to any of the following: zoning permits; site plan approvals; special use permits; variances; certificates of appropriateness; plat approvals; development agreements; building permits; subdivision of land; state agency permits for development; driveway permits; erosion and sedimentation control permits; and sign permits.

Disability shall mean a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Disability Ramp shall mean an inclined plane permanently installed in addition to or instead of stairs. Ramps permit an individual with a disability to more easily access a building.

District shall mean a portion of the incorporated and/or extra-territorial area of the town within which certain regulations and requirements or variances or combinations thereof apply under the provisions of this chapter. (See KBC 15.08.010)

Dome shall mean a large hemispherical roof or ceiling.

Driveway shall mean a paved area between edge of pavement and property line providing an unobstructed passage from the roadway to an off-street area used for parking, or otherwise accommodating motor vehicles

Dwelling modular shall mean a movable or portable dwelling constructed to be transported as a unit and designed to be placed upon a permanent foundation.

Dwelling, multifamily shall mean a building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

Dwelling, one-family shall mean a detached building designed for occupancy exclusively by one (1) family. A mobile home or trailer is not included in this definition, regardless of the degree of permanence of its attachment to the land.

Dwelling, pre-fab shall mean a dwelling constructed from standardized sections fabricated beforehand for shipment and quick assembly.

Dwelling, two-family shall mean a building designed for or occupied exclusively by two (2) families having complete independent dwelling units.

Dwelling, unit shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Established grade shall mean the elevation of the street grade as fixed by the town.

Expenditure shall mean a sum of money paid out in return for some benefit or to fulfill some obligation.

Extraterritorial area shall mean that land beyond the corporate limits extending for a distance of up to one (1) mile in all directions as delineated on the official zoning map for the town.

Family shall mean one (1) or two (2) persons or parents related by blood, marriage, or operation of law together with their lineal descendants, ascendants and/or adopted children and including the domestic employees thereof who occupy the whole or part of a dwelling unit and further comprise a single housekeeping unit, as distinguished from a group occupying a boardinghouse, rooming-house, hotel or motel.

Fire escape shall mean a fireproof stairway down an outside wall to help people escape from a burning building.

Flammable and combustible substances shall mean substances which will ignite easily and burn freely.

Flood shall mean a temporary rise in stream flow that results in water overtopping its banks and inundating areas adjacent to the watercourse.

Floodplain shall mean the relatively flat area or low land adjacent to the channel of a river, stream or watercourse, lake or other body of standing water which has been or may be covered by floodwater.

Floodproofing shall mean a combination of structural provisions, changes or adjustments to properties and/or structures subject to flooding primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings.

Flood protection elevation shall mean the elevation to which structures and uses regulated by this chapter are required to be elevated or flood proofed. This elevation is shown on the official Flood Hazard Boundary Map (FHBM).

Freestanding sign shall mean an outdoor sign when such sign is supported by uprights or braces in or upon the ground.

Full Kitchen shall mean a room or space with typical appliances including a sink, oven, and/or stove.

Garage, private shall mean an area of the building whose primary purpose is the storage of private vehicles.

Gazebo shall mean a freestanding, roofed structure open on the sides.

Gross floor area shall mean the total floor space within the exterior walls of the main structure on all floors of floor space devoted to a particular use including the space occupied by such supporting facilities as storage areas, work areas, toilets, hallways, stairways, mechanical equipment and the like.

Habilitation/rehabilitation facility shall mean a place providing care, treatment, habilitation, or rehabilitation of, or other services to the mentally ill, the developmentally disabled, or substance abusers.

Halfway house shall mean a place for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses.

Historic Preservation Commission see KBC 12.04.030.

Home occupation shall mean an occupation for gain or support conducted only by members of the immediate or extended family residing on the premises, provided use conducted entirely within a dwelling which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and provided that no article is sold or offered for sale except such as may be produced by members of the family residing on the premises. And that no display of products nor any advertising of any nature shall be visible from the street.

Homeless shelter shall mean temporary housing available to individuals and families experiencing homelessness.

Hotel (7011) shall mean a building intended or designed to be used as tourist lodgings which are rented to short term transients where a general kitchen and dining room are provided within the building or in an accessory building. Typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multifamily residential dwelling. (See tourist lodgings)

Impairment shall mean a physical impairment is a physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the body systems. A mental impairment is any mental or psychological disorder.

Impervious Surface shall mean an area that releases as runoff all or a majority of the precipitation that falls on it. Includes rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious.

Individual with a Disability shall mean a person who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual or a record of such an impairment or is regarded as having such an impairment.

Industry Group No. shall mean a broad description of an industry

Industry No. shall mean a more specific breakdown of an industry used for brevity at the end of a definition extracted from SIC.

Kitchenette shall mean a room or space with a refrigerator, sink, and microwave.

Land development regulation shall mean any State statute, rule, regulation, or local ordinance affecting the development or use of real property, including any of the following: unified development ordinance; zoning regulation and zoning map; subdivision regulation; erosion and sedimentation control regulation; floodplain or flood damage prevention regulation; stormwater control regulation; wireless telecommunication facility regulation; historic preservation regulation; or housing code.

Landowner shall mean any owner of a legal or equitable interest in real property including heirs, devisees, successors, assigns, and the personal representatives of such owners. A landowner may allow a person holding a valid option to purchase the real property to act as his agent or representative for the purpose of submitting a proposed site specific development plan for approval.

Loft shall mean a room or storage area within a sloping roof or attic.

Lot shall mean a parcel of land whose boundaries have been established by some legal instrument such as a deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public road crosses a parcel of land otherwise characterized as a lot by this definition, the land on each side of the public road shall constitute a separate lot.

Lot, corner shall mean a lot at the junction of and abutting upon two (2) or more streets. (See KBC 15.36.060).

Lot, depth of shall mean the mean horizontal distance between the front and rear lot lines.

Lot, double frontage shall mean any interior lot having frontages on two (2) more or less parallel streets as distinguished from a corner lot.

Lot, front of shall mean that side of the lot which fronts on a street. In the case of a corner lot the narrower side fronting on the street shall be considered the front of the lot. In case the corner lot has equal frontage on two (2) or more streets, the lot shall be considered to front on that street on which the greatest number of lots front, or if unplatted, on that which the greatest number of lots front, or if unplatted, on that street on which the greatest number of buildings have been erected.

Lot, interior shall mean a lot other than a corner lot.

Lot lines shall mean the lines bounding a lot as herein defined.

Lot, reversed corner shall mean a corner lot which does not front on the same street with the interior lots on the same side.

Lot, through shall mean lot, double frontage as defined herein.

Lot of record shall mean a parcel of land, the dimensions of which are shown on a recorded plat on file with the New Hanover County Register of Deeds.

Lot width shall mean the mean horizontal distance between the side lot lines measured at right angles to the depth.

Major thoroughfares shall mean the thoroughfare plan for the Town of Kure Beach.

Manufacturing shall mean the making of goods and articles by hand or by machinery with a division of labor.

Manufactured/Mobile home shall mean a moveable or portable dwelling, a doublewide, consisting of a multi-sectional residential structure of two (2) or more sections with seven hundred fifty-six (756) sq. ft. minimum area constructed or manufactured in an offsite manufacturing facility for installing or assembling on the building site bearing a seal certifying that it was built in compliance with the Federal Manufactured Housing and Construction and Safety Standards, and built after June 15, 1976, meeting all electrical, plumbing and safety standards as required by code. The tongue, axles, transporting lights and removable towing apparatus shall be removed after placement on the lot with the required anchoring and a continuous, permanent masonry wall, with no openings, except for required ventilation and access installed under the home after placement on the lot and before occupancy.

Manufactured/Mobile home park shall mean a parcel of land, at least three (3) acres or more, which has been planned and improved for the placement of two (2) or more manufactured homes for dwelling purposes.

Manufactured home space/Lot shall mean a parcel of land occupied or intended to be occupied by only 1 manufactured home for the exclusive use of the occupants of said manufactured home. Manufactured home space shall also mean a parcel of land in a manufactured home park described above, provided with the necessary utility connections, patio, and other appurtenances necessary for the erection thereon of only 1 manufactured home, and for the exclusive use of the occupants of said-manufactured home. This definition shall also apply to mobile home spaces.

Miscellaneous equipment rental and leasing (7359) shall mean being acceptable for the following: Electronic equipment rental and leasing, furniture rental and leasing; party supplies rental and leasing; musical instruments rental and leasing, rental and leasing of dishes, silverware and tables; television rental and leasing; hand tool rental and leasing; video recorder and player rental and leasing.

Mobile home shall mean a movable or portable dwelling over thirty-two (32) feet in length and over eight (8) feet wide, constructed to be transported on its own chassis and designed without a permanent foundation, whether or not a permanent foundation is subsequently provided, which may include one (1) or more components that can be retracted for transporting purposes and subsequently expended for additional capacity, or two (2) or more units separately transportable but designed to be joined into one (1) integral unit, as well as a portable dwelling composed of a single unit.

Mobile home lot shall mean a plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

Mobile home park(6515) shall mean any premises used or intended to be used or occupied by two (2) or more mobile homes, anchored in place or supported by a foundation or other stationary supports, together with automobile parking space, utility structures, and other required facilities incidental thereon. This definition shall not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection or sale.

Motel (7011) shall mean a building intended or designed to be used as tourist lodgings which are rented to short term transients where a general kitchen and dining room are not required. (See tourist lodgings)

Multi-phased development shall mean a development containing 25 acres or more that is both submitted for development permit approval to occur in more than one phase and is subject to a master development plan with committed elements showing the type and intensity of use of each phase.

Municipality shall mean the Town of Kure Beach.

Nonconformity, dimensional shall mean a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

Nonconforming lot shall mean a lot existing at the effective date of this ordinance from which this section was derived or any amendment to it and not created for the purpose of evading the restrictions of this chapter that cannot meet the minimum area or lot width requirements of the district in which the lot is located.

Nonconforming project shall mean any structure, development, or undertaking that is incomplete at the effective date of this ordinance from which this section was derived and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

Nonconforming situation shall mean a situation that occurs when, on the effective date of this ordinance from which this section was derived or any amendment to it, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures do not satisfy maximum height or minimum floor-space limitations, because the relationship between existing buildings and the land in such matters as density and setback requirements is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter.

Nonconforming use shall mean a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. For example, a commercial office building in a residential district may be a nonconforming use. The term also refers to the activity that constitutes the use made of the property. For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.

Obstruction shall mean any material body that impedes the natural flow of air, water, moving objects, vision and/or frequencies.

Off-street loading shall mean loading space located on the same lot as the principal use, shall mean parking spaces located on the same lot as the principal use. (See parking-remote)

On-street loading shall mean loading space located on public property near or adjacent to principal business. On-street parking shall mean parking spaces located on public streets.

Open porch shall mean a porch open except for wire screening. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash.

Ordinance shall mean these zoning regulations, including any amendments thereto. Whenever the effective date of the ordinance is referred to, the reference includes the effective date of any amendment to it.

Parking-remote shall mean parking space provided on any land within one thousand (1,000) feet of the main entrance to a principal use.

Parking Area shall mean an area covered by concrete, gravel, wood, slate, pavers, turf blocks, concrete runners, etc. but not natural ground covering materials and used for required off street parking.

Parking area, gross shall mean the total area provided for the off-street parking of automobiles, including parking stalls and the necessary driveway access space thereto. Walkways, planting strips, and other landscaped areas shall not be counted as gross parking space.

Parking, combination space shall mean a lot used for parking that is shared by at least two (2) parties.

Parking space shall mean the off-street and on-street space available for the parking of motor vehicles.

Pergola shall mean a structure consisting of parallel colonnades supporting an open roof of girders and cross rafters.

Planning and Zoning Commission see KBC 12.04.010.

Porch shall mean a covered area adjoining an entrance to a building and usually having a separate roof.

Portable sign shall mean any sign which is not securely and permanently attached to the ground or a building.

Principal use shall mean the primary purpose of function that a parcel serves or is intended to serve.

Professional shall mean a person with four (4) years of college or four (4) years in an institute of higher learning with a degree in a field related to the profession. (For example, a doctor, lawyer, architect, etc.)

Professional, general shall mean any occupation, which is not of a professional nature.

Projecting sign shall mean an outdoor sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line.

Public buildings shall mean any building or structure meant to benefit the public and from which the town derives a franchise tax or other form of annual revenue other than property tax or privilege tax. (KBC 15.08.070)

Public notice shall mean notification to the public according to the general statutes as specified for public bodies and types of meetings or hearings.

Recreation shall mean any form of play, amusement, or relaxation.

Recreation, commercial shall mean any form of play, amusement, or relaxation used for monetary gain.

Recreation, commercial indoor shall mean any form of play, amusement or relaxation used for monetary gain conducted within an enclosed structure.

Recreation, commercial outdoor (7999) (7999) shall mean any form of play, amusement or relaxation used for monetary gain not conducted within an enclosed structure.

Religious institution shall mean a church, mosque, synagogue, temple or other place of religious worship.

Religious annex shall mean a building associated with a religious facility that is maintained and used by a religious organization in accordance with its doctrines, practices, or regulations. A religious annex and its use shall not be considered nor construed to constitute an accessory building and use.

Residence shall mean a dwelling that is used for long term occupancy (i.e., single family homes, two (2) family homes, multifamily units, townhouses and condominiums) as distinguished from tourist lodgings.

Retail, apparel and accessory stores (5611 and 5651) shall mean stores primarily engaged in selling new clothing, shoes, hats, underwear, and related articles for personal wear and adornment. Furriers and custom tailors carrying stocks of materials are included. All industry group numbers in this major retail group are acceptable as retail stores for the purpose of these zoning regulations.

Retail, building materials, hardware and garden supply shall mean establishments primarily engaged in selling lumber and other building materials; paint, glass, and wallpaper; hardware; lawn and garden supplies. Industry Group no.'s 5231, 5251, 5261 and 5193 are acceptable as retail stores for the purposes of these zoning regulations.

Retail, eating (5812) and drinking places (5813) shall mean establishments selling prepared foods and drinks for consumption on the premises, and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption.

Retail, food stores shall mean stores primarily engaged in selling food for home preparation and consumption. Industry Group no.'s 5411, 5441, 5451, and 5461 are5461are acceptable as retail food stores for the purposes of these zoning regulations.

Retail, general (5331) shall mean establishments engaged in selling of retail merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of the goods.

Retail, general merchandise stores shall mean stores, selling merchandise such as dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, and food. Industry Group no. 5399 is acceptable as a retail store for the purposes of these zoning regulations.

Retail, home furniture, furnishings, and equipment stores shall mean stores selling goods used for furnishing the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances. Industry Group no.'s 5712, 5722. and 5731 are5731are acceptable as retail stores for the purposes of these zoning regulations.

Retail, miscellaneous shall mean retail stores not found in other major groupings (drug and proprietary stores; liquor stores; used merchandise stores; sporting goods stores; book stores; stationery stores; jewelry stores; hobby, toy and game shops; camera and photographic supply stores; gift, novelty and souvenir shops; luggage and leather goods store, sewing, needlework, and piece goods stores; florists; tobacco stores; optical goods store). Industry numbers which are acceptable as retail stores for the purposes of these zoning regulations are 5912, 5921, 5932, 5941, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961, 5992, 5993, and 5995.

Roof sign shall mean an outdoor sign erected, constructed, or attached above or to the roof of any building.

Rooming House (7021) shall mean a tourist lodging that rents single rooms and which may have a common kitchen, living room and bath. (See tourist lodgings)

Setback shall mean the distance between the minimum building line and the street right-of-way line required to obtain the front side, or rear yard open space provisions of this Chapter to provide for runoff control, health, safety, firefighting, free flow of air and adequate off-street parking. In the event there is not a street right-of-way involved, then the property line shall be used in establishing the setback.

Service station (5541) shall mean an establishment used for the servicing of automobiles, including the sale of gasoline, oil, grease, and minor accessories and washing and polishing, but excluding the sale of automobiles, body repairing and painting.

Shingle/Suspended sign shall mean a projected and suspended sign attached to a building. Projection shall not extend into any public space.

Sign shall mean any outdoor device or display consisting of letters, numbers, symbols, pictures, illustrations, announcements, cutouts, insignia, trademarks, or demonstrations designed to advertise, inform, identify or to attract the attention of persons. A sign shall be construed to be a display or device containing elements organized, related, and composed to form a single unit. In the event material is displayed in a random or unconnected fashion without organized relationship of the components, each component or element shall be considered a single sign.

Site specific development plan shall mean a plan submitted to the Town describing with reasonable certainty the type and intensity of use for a specific parcel or parcels and including: the approximate boundaries of the site; significant topographical and other natural features effecting development on the site; the approximate location of proposed buildings, structures, and other improvements on the site; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. For purposes of this Chapter, approved site specific development plans which would establish a vested zoning right prior to the issuance of a building permit include subdivision plats and special use permits. A variance, in and of itself, or a sketch plan that fails to describe with reasonable certainty the type and intensity of use, shall not constitute a site specific development plan.

Spire A steeply pointed roof termination to a tower.

Stable, private shall mean a stable with capacity for not more than two (2) horses, provided, however, that a private stable may exceed a two-horse capacity if the premises whereon such stable is situated contains an area of not less than two thousand (2,000) square feet for each horse accommodated, provided, however, this chapter shall not be construed to repeal, alter, or amend any ordinance of the town relating to the maintenance of animals or livestock within the corporate limits.

Stand, shall mean (as it relates to allowable business uses for the purpose of these zoning regulations), the same as building with all the building code regulations and setbacks applied to said stand. (It will be a stand in name only.)

Story shall mean that part of a building comprised between a floor and the floor or roof next above.

Story, half shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

Street shall mean a public road, which affords the principal means of access to abutting property including avenue, place, way, drive, land, boulevard, highway, road, and any other thoroughfare except an alley.

Street line shall mean the dividing line between the street and the lot, as established by the town.

Structures shall mean anything constructed or erected, the use of which requires location on the land including freestanding billboards, signs and fences. The term structure shall be construed as if followed by the words, or part thereof.

Temporary sign shall mean a sign to be used on an interim basis.

Tourist lodgings (7011 and 7021) shall mean a building containing rooms designed to be used for the most part as sleeping accommodations for tourist/vacationers or short term transients (i.e., hotel, motel, boarding house, rooming house ,bed breakfast home, and bed and breakfast inn) as distinguished from a residential dwelling. No more than five (5) percent of the individual units shall be occupied for more than ninety (90) continuous days by the same occupant. The individual unit will be no larger than four hundred twenty-five (425) square feet in size (exclusive of bathroom, closet and balcony areas). Any unit exceeding four hundred twenty-five (425) square feet in size will meet the dimensional and parking requirements of residential units KBC 15.36.120 and KBC 15.36.220. A tourist lodging will have one (1) water meter and one (1) electric meter. Individual metering is prohibited.

Town buildings and facilities shall mean those buildings and facilities that are owned and operated by the town. (KBC 15.08.060)

Town Council shall mean the Mayor and members of the Town's governing body.

Townhouse shall mean an individually owned single family dwelling unit constructed in a series or group of attached units with lot line wall or property lines separating such units.

Trailer shall mean any vehicle, house car, camp car, or any portable or movable vehicle on wheels, skids, roller, or blocks either self-propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping, commercial or utility purposes, but not including mobile vehicles primarily designed for the transportation of goods.

Travel park (7033) shall mean an area intended and equipped for the temporary parking of vehicles and tents designed for travel, recreational and vacation dwellings

Travel trailer shall mean any vehicle or structure designed to be transported and intended for human occupancy as a dwelling for short periods of time, and containing limited or no kitchen or bathroom facilities. Travel trailers shall include the following:

1. House trailer which shall mean a vehicular, portable structure built on a wheel designed to be towed by a self-propelled vehicle for use as a temporary dwelling for travel, recreational and vacation uses, having a body length not exceeding thirty-two (32) feet when equipped for road travel.
2. Pick-up coach which shall mean a portable structure for use as a temporary dwelling for travel, recreational and vacation uses, designed to be mounted on a truck chassis for transportation, and to be used for a temporary dwelling while either mounted or dismounted.
3. Motor home which shall mean a portable, temporary dwelling to be used for travel, recreational and vacation uses, constructed as an integral part of a self-propelled vehicle.
4. Camping trailer which shall mean a folding structure manufactured of metal, wood, canvas and/or other materials, mounted on wheels and designed for travel, recreational and vacation uses.
5. Self-contained travel trailer which shall mean a travel trailer which can operate independent of connections to sewer, water and electrical systems. It contains a water-flushed toilet, lavatory, shower and kitchen, all of which are connected water storage and sewage holding tanks located within the unit.
6. Dependent trailer which shall mean a travel trailer which does not have a flush toilet, a lavatory, bath or shower.

Use shall mean the purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Variance shall mean a modification of the literal provisions of the zoning regulations granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which a variance is granted.

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

Video gaming machine shall mean a slot machine or an electronic, mechanical, or computerized video machine requiring deposit of any coin or token, or use of any credit card, debit card, prepaid card, or any other method that requires payment, whether directly into the video gaming machine or resulting in remote activation, to activate play of any computer games such as, by way of illustration and not exclusion:

1. A video poker game or any other kind of video playing card game.
2. A video bingo game.
3. A video craps game.
4. A video keno game.
5. A video lotto game.
6. Eight liner.
7. Pot-of-gold.
8. A video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols not dependent on the skill or dexterity of the player.
9. Any other video game not dependent on skill or dexterity that is played while revealing a prize as the result of an entry into a sweepstakes.
   
   

Wall sign shall mean an outdoor sign that is affixed to or painted on the wall of any building, providing it does not project more than twelve (12) inches from the building.

Warehouse shall mean a building where wares, or goods, are stored, as before distribution to retailers, or are kept in reserve, in bond, etc.

Way shall mean a street, alley, or other thoroughfare or easement permanently established for passage of persons or vehicle.

Widow's walk shall mean a railed observation platform usually atop a coastal house.

Yard shall mean an open space on the same lot with a building (primary and accessory), unoccupied and unobstructed from the ground upward except by trees, shrubbery, screen walls, fences, ground level decks and walkways, or as otherwise provided for or required under this chapter.

Yard, front shall mean a yard across the full width of the lot, extending from the front line of the nearest building on the lot to the front line of the lot.

Yard, rear shall mean a yard across the full width of the lot, as measured from the furthest rear point of the principal building to the rear line of the lot.

Yard, side shall mean a yard across the full width of the lot, extending from the side line of the principal building on the lot to the side line of the lot.

(Ord. of 11-20-07; Ord. of 4-15-08; Ord. of 3-17-09; Ords. of 5-17-16; Ord. of 2-20-18; Ord. of 12-18-18)

Cross reference(s)—Definitions and rules of construction generally, KBC 1.04.010.

This chapter shall be known as the "Zoning Ordinance of the Town of Kure Beach," and the map herein adopted by reference which is on file in the Town Clerk's office is identified by the title, "Zoning Map of the Town of Kure Beach" and shall be known as the "Zoning Map."

1. The zoning regulations and districts as herein set forth have been made in accordance with the Town's comprehensive plan for the purpose of promoting the health, safety, morals, and the general welfare of the community. They are designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
2. The provisions of this chapter are adopted under authority delegated by the North Carolina General Assembly pursuant to Article 7 of Chapter 160D of the North Carolina General Statutes.

The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. Where this chapter imposed a greater restriction upon the use of property or premises or upon the height of buildings, or request larger open spaces than are imposed or required by other ordinances, development regulations, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall govern, provided nothing in the chapter shall be construed to amend or repeal any Town ordinance relating to maintaining or keeping of horses or livestock or other animals within the Town's and development regulation jurisdiction.

This chapter in part carries forward by reenactment certain provisions of the zoning regulations enacted by the Town in prior years. It is not the intention to repeal but rather to reenact and continue in force without interruption such existing provisions, so that all rights and liabilities which have occurred there under are preserved and enforceable. The enactment of this amendment shall not affect any action, suit, or proceeding instituted or pending. .