Interpretation of Certain Words or Terms - Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:

Words used in the present tense include the future tense. Words used in the singular include the plural and in the plural include the singular.

The word shall is always mandatory.

The word may is permissive.

The word lot includes the word plot or parcel.

The word person includes a firm, association, organization, partnership, trust company, or corporation as well as an individual.

The word used or occupied as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words intended, arrange, or designated, to be used or occupied.

The word map or zoning map shall mean the Official Zoning Map/and or Atlas of the City of Lenoir, North Carolina.

The term planning board refers to the Lenoir Planning Board. The term Board of Adjustment refers to the Lenoir Board of Adjustment. The terms City Council or Mayor and City Council refer to the legally constituted and elected governing body of the City of Lenoir.

Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting - Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

Accessory Apartment - A secondary dwelling unit, meeting all standards of the City of Lenoir's Minimum Housing Code, located entirely within the same structure as a principal single family dwelling.

Accessory Cottage - A secondary, detached dwelling unit, meeting all standards of the City of Lenoir's Minimum Housing Code, located on single-family lot that is also developed with a principal single family dwelling. Also referred to as garage apartments, granny flats, or mother-in-law apartments. Accessory cottages are considered accessory buildings.

Accessory Use or Building - A use or building subordinate to the principal use or building located on the same lot and used for purposes incidental to the principal use or building.

Administrative Decision - Decisions made in the implementation, administration, or enforcement of development regulations set forth in this chapter that involve the determination of facts and the application of objective standards as set forth herein. See also Determination.

Adult Day Care Center - A facility which provides daytime care for six (6) or more adults of whom one or more are unrelated and who are aged, handicapped, or disabled and are in need of adult supervision or provided services to meet their needs.

Adult Establishments/Adult Uses/Sexually Orientated Businesses - In addition to "adult establishments" defined by N.C.G.S. 14-202.10, adult uses and sexually orientated businesses include, but are not limited to, adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse, sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" as defined by N.C.G.S. 14-202.10. Such uses are further defined below:

(1)

Adult Use Body Painting Studio - A business or establishment which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical area."

(2)

Adult Use Bookstore - A building or portion of a building used for the barter, rental or sale of items, consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or electronic storage device if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas."

(3)

Adult Use Cabaret - A building or portion of a building used for providing dancing or other live entertainment if such dancing or live entertainment is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(4)

Adult Use Companionship Establishment - A companionship establishment which provides the service of listening to or engaging in conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(5)

Adult Use Conversation Parlor - A conversation establishment which provides the service of listening to or engaging in conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(6)

Adult Use Health/Sport Club - A health/sport club which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(7)

Adult Use Hotel/Motel - A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, or describing or relating to "specified sexual activities" or "specified anatomical areas."

(8)

Adult Use Massage Parlor, Health Club - A massage parlor or health club which provides the service of massage if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(9)

Adult Use Modeling Studios - An establishment whose major business is the provision of models who are so provided with the intent of providing sexual stimulation or sexual gratification to customers and who engage in "specified sexual activities" or the exposure of "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, or photographed, whether such observation is within the establishment or at a remote location(s).

(10)

Adult Use Motion Picture Arcade/Theater - Any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

(11)

Adult Use Novelty Business - A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

(12)

Adult Use Steam Room/Bathhouse Facility - A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(13)

Sexual Encounter Establishment - An establishment other than a hotel or motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of North Carolina engages in sexual therapy.

Adult Gaming Establishment - Any establishment deemed legal by state law, featuring one or more stand-alone electronic or conventional gaming units, skill-based or otherwise, or serving one or more patrons in such a capacity at any one time, which also rewards patrons with cash or other monetary payments, goods or certificates for services which are redeemable for cash or other monetary payment on or off premise and including on-line redemptions, as well as any rewards which cannot be legally obtained, consumed, or otherwise used by minors. This term includes, but is not limited to, internet cafes, internet sweepstakes, beach sweepstakes, and cyber cafes.

Agriculture - Farms and general farming, including horticulture, floriculture, dairying, livestock and poultry raising, farm forestry and other similar enterprises.

Alley - A dedicated way which affords secondary access to the side or rear of abutting property.

Alteration of Building - Any change in the supporting members of a building (such as bearing walls, columns or girders), any addition or reduction of a building, any change in use, or any relocation of a building from one location or position to another.

Attached Dwellings - See Dwelling Unit, Single Family Attached.

Automobile Service Station - Any area of land, including structures thereon, that is used for the retail sale of gasoline or any other motor vehicle fuel or oil and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating and servicing of vehicles, but not including the painting thereof by any means.

Bed and Breakfast - An establishment providing short-term, overnight lodging in three or more separate guest rooms, often providing breakfast. Bed and breakfast establishments often make re-use of existing historic homes.

Billboard - An outdoor structure or display, pictorial or otherwise, either freestanding or attached to a building, which advertises or attracts attention to a business, commodity, service or other activity conducted, sold or offered elsewhere than on the premises on which said sign is located.

Board of Adjustments - A semi-judicial body composed of representatives from or for the planning area which are given certain powers under and relative to the ordinance.

Buildable Area - That portion of any lot which may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side, and rear yard requirements for the district have been subtracted from the total area. The required front, side, and rear yards shall be measured inward toward the center of said lot from all points along the respective property lines.

Building - Any structure used or intended for supporting or sheltering any use or occupancy.

Building Height - The height of a building measured from ground level to the roof or highest point of structure.

Building Line - That line determined by meeting respective front, side, and rear yard requirements. The required front, side, and rear yards for individual lots shall be measured inward towards the center of the lot from all points along the respective property lines.

Bungalow Court - A residential development where three (3) or more detached, single-family dwellings are arranged around a common, shared courtyard or greenspace, often with shared parking facilities and amenities. Zoning standards like rear, front, and side yard setbacks are applied to the exterior yards of the development site rather than to individual bungalows.

Canopy - A structure which may be supported entirely or partly from the building and has at least nine (9) feet of clearance between the lowest point or projection and a sidewalk immediately below or may be a free standing structure consisting of a roof, but no side walls.

Clinic - An establishment where medical or dental patients, who are not lodged overnight, are given examinations and treatment.

Clubs and lodges: Establishments that primarily involve the gathering of people for social, literary, political, educational, fraternal, or charitable purposes, but which are not operated for profit or to render a service which is customarily a business. Private country clubs, golf course club houses, Elk lodges, Optimist, Ruritan, and similar civic organizations, American Legion Posts, Veteran's Associations, and clubhouses maintained by homeowners associations are all included in this definition, and such clubs are considered "Cultural and Community Facilities" on the chart of permitted uses, provided that any establishment considered a "private club" as defined by the NC Alcoholic Beverage Commission and serving alcohol under an ABC permit for on premise consumption at a "private club" shall be regulated as a night club.

Communications Tower - A facility, including but not limited to, radio and television transmission towers, microwave towers, and mobile telephone and radio communication towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or government purposes that are under fifty feet (50') in height and that have a maximum horizontal measurement of eighteen inches (18"), nor shall it include any tower erected by a public authority for public safety or emergency purposes.

Convenience Store - A retail establishment selling grocery and sundry items for the convenience of the area or the traveling public.

Convenience Retail Use - A retail establishment to serve the needs of the residents of the local neighborhood. Such convenience retail uses are generally small in size and provide items of general use, such as groceries, sundries, hardwares, and personal services.

Country Clubs - An organization catering exclusively to members and their guest including buildings and grounds with commercial and recreational activities serving the membership only.

Cultural or Community Facilities - Facilities designed to promote cultural advancement and serve the community by offering gathering spaces for various social, fraternal, educational, and community-centered services such as community centers, clubs and lodges,; and facilities to house civic or fraternal organizations (provided that such facilities are not operated for profit nor offer alcoholic beverages for sale for on or off premise consumption).

Day Care Center - An establishment that provides care, supervision, or instruction to six or more individuals in need of such services on a regular basis. Day care centers typically operate between the hours of 5 a.m. and 8 p.m., and do not include any overnight lodging or sleeping facilities. The term day care center includes adult day care centers, youth day care centers, and nursery schools.

Department of Planning - The department designated by City Council to be responsible for the administration and enforcement of this ordinance. The term Planning Department shall refer to the Lenoir Department of Planning or a representative thereof.

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.

Development approval - An administrative or quasi-judicial approval made pursuant to this Chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Down-zone - A zoning ordinance amendment or map amendment that affects an area of land in one of the following ways: (1) by decreasing the development density of the land to be less dense than was allowed under its previous usage or (2) by reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage (state law reference: G.S. 160D-601(d)).

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, Group - A building or portion of a building intended for occupancy by several unrelated persons, in two or more sleeping units. The term group dwelling includes, but is not limited to the terms rooming house, fraternity house, dormitory and boarding house.

Dwelling, Single-family attached (Townhouses or row houses) - A single-family dwelling unit constructed in a series or groups of attached units with a common dividing side wall with property lines separating such units. A single dwelling unit occupies the area from ground to roof and may include front and/or back yard areas.

Dwelling, Single-family detached - A detached building that contains one dwelling unit, other than a manufactured home, designed for occupancy exclusively by one family.

Dwelling, Two-family - A detached building including two individual units, also, known as a duplex.

Dwelling Unit - A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, Multi-family - A building containing three or more dwelling units used, designed for or occupied by three or more families living independently of each other, with separate housekeeping, sleeping and cooking facilities for each.

Dwelling, Multi-family low-rise - A low-intensity multi-family development. Often called garden apartments, buildings are typically arranged around common courtyards or greenspace, with patios, porches, decks, or other private amenities for each unit. Units are usually accessed through private entrances directly from the outside. This definition includes the conversion of existing residential or non-residential buildings into multiple apartments, when the densities remain below the thresholds established for low-rise apartments for each zoning district.

Dwelling, Multi-family high-rise - Any multi-family development that exceeds the density or height allowances for low-rise multi-family. Units may be accessed directly from the outside, or through shared internal corridors. Green space and other community amenities such as playgrounds and clubhouses are commonly located on the same site, along with parking for residents and guests.

Dwelling Unit - A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling Unit, Zero-Lot-Line - Single family, detached or semi-detached developments on individual lots, where zero foot side setbacks are used on a maximum of one side of a lot.

Eating and Drinking Establishment - An establishment where food and/or beverages are prepared, served, and consumed. Eating and drinking establishments include sit-down restaurants, pubs, cafes, tea rooms, cafeterias, coffee shops, fast food/drive-in uses, and any other establishment focused primarily on the sale of food and/or beverages for immediate consumption. This definition does not include private clubs that serve spirituous liquor for on-site consumption.

Educational Facility - A facility for the education of children and/or adults including public and private kindergarten, elementary and secondary schools, colleges, technical institutes and universities, but excluding specialized trade schools and nursery schools.

Erect - Build, construct, rebuild, reconstruct as the same are commonly defined.

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

Extraterritorial Jurisdiction - A defined area adjacent to the corporate limits of a city based upon existing or projected urban development in areas of critical concern to the city.

Family - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over six persons, but further provided that domestic servants employed on the premises may be housed in the principal building.

Family Care Facility - A facility which provides resident service in residence to six (6) or fewer individuals who are not related to the resident household, and are handicapped, aged, disabled, or in need of adult supervision in accordance with their individual needs. This category may include foster or boarding homes for children, group dwellings, and family care homes. Such facility shall be regulated as a single family residence in this ordinance.

Fence- An artificially constructed barrier intended to prevent escape or intrusion or to mark a boundary or to provide screening.

Fill - Any material used to raise the elevation of the surface of the land, excluding at grade base and paving.

Flea Market - A retail outlet composed of independent booths and/or areas to sell an assortment of merchandise both new and used.

Floor Area - The total area of all dwelling units measured to the exterior surfaces of exterior walls.

Floor Area Ratio - The gross floor area of all buildings or structures on a lot divided by the total lot area. (Reference Article XII, Section 1204)

Garage, Commercial - Any structure which is used for storage, repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles for business, occupation or service for profit, but not to include the sale or storage of junked cars. This definition shall also include the storage of vehicles maintained for hobby purposes which are also used in speed competition or any other commercial manner.

Garage, Private - An accessory building or portion of a principal building used for the storage of private motor vehicles and to which no business, occupation or service for profit is in any way connected. The term garage shall include the term carport.

General Gaming Establishment - Any establishment deemed legal by state law, excluding billiards halls, adult gaming establishments and any others similarly defined in this chapter, whose primary use is to provide entertainment services to the general public in the form of electronic or conventional gaming units which provide either no reward to patrons or rewards of limited value such as children's toys, games, and novelties when all of said rewards can be legally obtained and used by all ages and are not redeemable for cash or any other kind of compensation or services on or off premises, including on-line redemptions. This term includes, but is not limited to, traditional video game arcades and children's and family game centers, whether stand-alone or in conjunction with a restaurant or other permissible uses.

Group Care Facility - A facility which provides residents services to seven or more individuals of whom one or more are unrelated and who are handicapped, aged, or disabled, are undergoing rehabilitation, and are provided services to meet their needs. Caregivers typically provide 24-hour awake care, and do not live on the premises. This category may include uses licensed or supervised by any Federal, State or County Health/Welfare Agency, such as group dwellings (all ages), halfway houses, nursing homes, and other convalescent and extended care facilities.

Group Housing - See Dwelling, Group.

Home Occupation - Any use conducted entirely within a dwelling or accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which does not change the character thereof.

Hospital - An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient facilities, and staff offices which are an integral part of the facility.

Hotel - Any building containing six or more guest rooms intended to be used, or which are use, rented or hired out to be occupied for sleeping purposes by guests. The term Hotel shall include the term Motel.

Junk Yard - The use of any part of a lot for the storage, keeping abandonment, sale or resale of junk, salvage, or scrap materials; or for the dismantling, demolition, or abandonment of automobiles and other vehicles, machinery, equipment, manufactured homes or parts thereof. Also called Salvage Yards. See also Salvage Operation.

Kennel - Any location where boarding, caring for or keeping of more than a total of three (3) dogs or cats or other small animals or a combination thereof (except litters of animals or a combination than six (6) months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats, or other small animals for commercial purposes.

Kennel, Private - Any location where boarding, caring for or keeping of more than a total of three (3) but not more than ten (10) dogs or cats or other small animals or a combination thereof (except litters of animals or a combination than six (6) months of age) is carried on, not for commercial purposes, but as a hobby such as raising of show and hunting dogs. Private kennels are subject to the performance standards for commercial kennels, but may be permitted as an accessory use where the owner of the private kennel resides on the property.

Landscape Buffer - A strip of land along the perimeter of a lot. Such a buffer must be maintained as a green area, planted with grass, shrubs, trees, or other ornamental vegetation.

Legislative decision - The adoption, amendment, or repeal of a regulation under this Chapter, including zoning map amendments.

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

Loading Space, Off-Street - Space conveniently located for pickups and deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

Lot - An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Caldwell County.

The terms "lot", "lot record", "lot of record", "property", "plot", or "tract", whenever used in this ordinance, are interchangeable,

Lot Corner - A lot located at the intersection of two or more street or located where one street makes a sharp angle.

Lot, Double Frontage - A lot which has two street frontages; however, no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three or more streets.

Lot, Interior - A lot other than a corner lot, which has frontage on only one street other than an alley.

Lot Depth - The distance between midpoint of the street frontage at the front of the lot to the nearest point at the rear of the lot.

Lot Width - The distance between side lot lines.

Mall - Any structure or group of structures which has been enclosed or covered for protection from the weather and is divided into a number of offices and/or commercial establishments which have entrances from the enclosed area.

Manufactured Housing - (See Section 806)

Manufactured Home - A portable manufactured housing unit meeting or exceeding the United States Department of Housing and Urban Development standards for such homes and designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over forty (40) feet in length and over eight (8) feet in width. The attachment of such manufactured homes to a permanent foundation does not exclude the structure from any portion of the ordinance regarding manufactured homes. This definition includes single-section and multi-section manufactured homes, where each section is designed for transportation on its own chassis and placed together on site to form a single housing unit.

Manufactured Home Park - A parcel of land where three (3) or more manufactured homes are parked for living and sleeping purposes, or any parcel of land used or set apart for the purpose of supplying to the public parking spaces for manufactured homes for living and sleeping purposes, and which include any buildings, structures, vehicles, or enclosure used or intended for use as part of such manufactured home park.

Manufactured Home Space - A parcel of land within a manufactured home park designed for accommodation of one manufactured home.

Modular Home - A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Manufacturing and Processing - The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition, if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins or lacquers.

Manufacturing and Processing, Boutique/Artisan - Uses that would normally be defined as manufacturing and processing, but are small enough in scale, operation, and technique that they do not have the same intensive land use impacts as larger-scale manufacturing and processing uses. Boutique/Artisan manufacturing uses offer customized, small-run products that are mostly handmade, not mass produced, and often include a showroom or gallery space. Boutique/Artisan manufacturing and processing uses may include custom wood-working shops, production of handmade furniture, artisanal metalworking/sculpting, glass-blowing, small-run screen printing shops, pottery studios, and similar uses.

Manufacturing and Processing, Light - Manufacturing and Processing uses that by nature of their operation typically occur entirely within enclosed facilities; therefore having limited noise, smell, vibration, and aesthetic impacts on surrounding properties. Light Manufacturing and Processing uses include: cabinet shops, chemical manufacturing, duplicating, mimeographing and multitithing operations, electronic products manufacturing, fabrication or assembly of products from pre-constructed materials or components, laundry and dry cleaning plants, lumber and products (raw materials processing), lumber yards, machine and welding shops, meat packing plants, metal fabrication plants, pharmaceuticals manufacturing, plastic products manufacturing, processing plants, sign manufacturing and assembly, sign painting, tool and die operations, welding operations, and woodworking shops.

Manufacturing and Processing, Heavy - Manufacturing and Processing uses that do not meet the criteria for a "light" uses are considered "heavy" uses. These uses include any Light Manufacturing and Processing Use not occurring within an enclosed building, and the following uses: asphalt products, brick, tile, and pottery manufacturing, concrete products or production, extraction of earth products, feed and seed milling and storage, fertilizer manufacturing and distribution, film processing plant, foundry, furniture manufacturing, glass and mirror manufacturing, rubber and glass prodcuts manufacturing, stone and clay products manufacturing, stone crushing, cutting, and polishing, textile manufacturing, finishing, and dyeing, and tire re-capping operations.

Massage Parlor - A personal service use where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Natural Buffer - Any major topographical condition between the graded elevation of the commercial and residential zone or a wooded area of adequate depth and opacity between the residential and commercial zone. Screening through natural buffering shall not be a grown-up area through lack of maintenance, or a hodgepodge of weeds that develop during the summer and die down in the fall, but shall be an evergreen type hedge to provide year round screening.

Neighborhood Business - A retail establishment to serve the needs of the residents of the local neighborhood. Such convenience retail uses are generally small in size and provide items of general use, such as groceries, sundries, hardwares, and personal services. Neighborhood businesses do not include the sale of alcoholic beverages for on or off premise consumption.

Non-Commercial - The use of a lot or structure by persons for private purposes, not to include a business, occupation, or service for profit.

Non-Conforming Structure - A structure which does not conform with the requirements of the zoning district in which it is situated, either at the effective date of this Ordinance or as the result of subsequent amendments to this Ordinance.

Non-Conforming Use - A lawful use of a structure or land which does not conform to the permitted uses of the zoning district in which it is situated, either at the effective date of this Ordinance or as the result of subsequent amendments to this Ordinance.

Nursery School - A school designed to provide daytime care or instruction for six (6) or more preschool children, and operated on a regular basis. The term nursery school shall include the term day care center.

Nursing, Convalescence and Extended Care Facility. A facility where persons are housed or lodged and furnished with meals and 24-hour nursing care and supervision by awake employees who do not live on the premises.

Office - A room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government. This term includes accountants, auditors, book keepers, architects, contractor's offices, credit and financial offices, doctor's offices, insurance sales, government offices, lawyers, medical/dental offices and labs, professional offices, public utility offices, realtors, research activities and research development, sign sales and leasing (no storage or manufacturing), and surveyors.

Park - A public or private facility for recreation, which may have commercial activities accessory to the recreational uses only.

Parking Lot - Any public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot or an accessory use to the principal use on a given lot.

Parking Space - A space within parking lot or on a single-family dwelling lot expressly provided for purposes of parking automobiles or other vehicles, excluding access drives.

Personal Storage (Mini Warehouse) - Often referred to as self-storage, mini-warehouses, or mini-storage, personal storage uses provide secure, individual storage units of various sizes and types (climate controlled or not), for the secure, dry storage of personal items.

Planning and Development Regulation Jurisdiction - The geographic area within which the city applies the development regulations authorized by G.S 160D, including the entire corporate limits of the city as well as the areas shown on the Official Zoning Map located in the Extra-Territorial Jurisdiction.

Planning Board - A commission appointed by the City Council and by the County Commissioners for the following purposes:

— To develop and recommend long range development plans and policies.

— To advise the City Council in matters pertaining to current physical development and zoning for the City's planning jurisdiction.

Principal Use - The primary use and chief purpose of a lot or structure.

Private Club - An establishment that is organized and operated solely for a social, recreational, patriotic, or fraternal purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests. Such an establishment may be issued a permit for on-premise consumption of spirituous liquor, consistent with the NC Alcohol Beverage Commission laws. Private clubs that offer liquor for on-premise consumption are regulated the same as night clubs in all zoning districts.

Public Service Facility - A facility that is owned, operated, or financed, in whole or in part, by any public or governmental entity, and is dedicated to the provision of services to the general public. This includes public safety facilities (EMS, police, and fire protection), schools and education, hospitals and health care, and the public provision of social services.

Quasi-Judicial Decision - A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.

Recreation, Indoor - Uses that provide recreational opportunities for adults and children located primarily within enclosed buildings. Indoor recreation uses include general gaming establishments, movie theaters, bowling alleys, arcades, indoor roller skating and ice skating rinks, escape rooms, laser tag, indoor play structures, trampolines, indoor rock climbing walls, museums and hands-on play spaces, and similar uses. Adult gaming establishments and billiard/pool halls are regulated separately and are not included in indoor recreation uses.

Recreation, Outdoor - Any recreation use that occurs mostly outdoors, with few structures associated with the use. Outdoor recreation uses include parks, playgrounds, sports fields (soccer, baseball, etc.), golf courses, mini-golf, driving ranges, dog parks, batting cages, zoos, zoological gardens, and similar uses.

Rehabilitation Center - In-patient residential facilities, often provided in a secure, intuitional setting, where patients in need of rehabilitation, often from addiction or mental illness, can be provided 24-hour awake care and supervision by caretakers and medical professionals who do not live on the same premises. Beds may be provided in private or shared spaces, with meals typically being prepared in common kitchen facilities by staff. Rehabilitation centers may offer an array of medical and support services for residents, along with counseling and other mental health services.

Religious Complex - A building or group of buildings used for the purpose of religious worship including the sanctuary(s), education building(s), recreation building(s), child care facilities, and parsonage.

Residential Use - The use of a structure for habitation (see Dwelling).

Restaurant - An establishment whose principal business is the selling of unpackaged food to customers in a ready-to-consume state, in individual servings, or in nondisposable containers, and serves food and beverages primarily to person seated within the building.

Restaurant, Drive-In - A retail outlet where food or beverages are sold to a substantial extent for consumption by customers in parked motor vehicles.

Restaurant, Fast-Food - An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fired, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customers table, and food is generally served in disposable wrapping or containers.

Restaurant, Cafe/Tea Room - An establishment whose principal business is the selling of unpackaged food to customers in a ready-to-consume state, in individual servings, or in non-disposable container, and server food and beverages primarily to persons seated within the building. Food is generally hearted in a device such as a microwave oven.

Retail - Sale of a commodity to the ultimate consumer and not customarily subject to sale again.

Retailing, Light - Any retail use that displays a majority of their products indoors, does not store product outdoors, and due to the nature of the product for sale does not typically have land use impacts on neighboring properties. Light retail uses include but are not limited to: antennas, radio, TV, and dish sales and service, antique shops, apparel and accessory sales, appliance stores, art galleries, art and drafting supplies, audio/video sales, rental, and repair, automobile parts and accessories (no service), bakeries, bicycle sales/service, book and stationary stores, candy stores, convenience stores (no fuel pumps), crafts/hobby shops, delicatessens, department stores, drug stores, electronic products sales and service, fabric stores, film drop-off booths, florists, furniture and home goods stores, garden supply store, gift shops, glass and mirror store, grocery stores, guns and ammunition sales, hardware stores, jewelry sale and repair, lawn and garden care supplies, lighting stores, line and uniform supply stores, liquor (ABC) stores, music stores, musical instrument sales and service, novelty and souvenir shops, office equipment and supply stores, pawn and trade shops, pet shops, pharmacies, photography supply stores, plumbing and heating supplies, produce stands, radio and television sales, rent-to-own stores, second hand stores and swap shops, shoe sales and repair, shopping centers and malls, sporting goods stores, and supermarkets.

Retailing, Intensive - Any retail use that, due to the nature of the products sold, primarily uses outdoor displays, which may or may not include long-term outdoor storage of merchandise. Intensive retail uses include but are not limited to: Auction sales, automobile and truck sales (new or used), boat sales, farm machinery sales, farm supplies, heavy equipment sales and service, livestock sales, manufactured home sales, RV sales, monument sales, motorcycle sales, stone and clay products sales, and truck, farm equipment, and heavy equipment sales.

Salvage Operation - The reclamation, dismantling or storage of pre-used commodities, junk and similar material for the purposes of resale, processing, distribution or deposition.

Satellite Dish Antenna - An antenna, three (3) feet in diameter or larger, designed to receive television, radio, and other communication signals primarily from orbiting satellites.

Services, Automotive - Service uses involving fuel sales, the sale and installation of car parts and accessories and limited aspects of vehicle repair and maintenance (oil changes, emissions checks, batteries, muffler and radiator shops, automobile service stations, vehicle engine maintenance, quick-lube, etc.). Automotive Service uses include automobile and other vehicle washing facilities and detailing services. Generally, vehicles receiving services falling under this definition arrive to the site in operable condition and are able to leave the same day. Inoperable vehicles are not stored on site, unless they are located within a fully enclosed building. This term shall include commercial garages.

Services, Business and Personal - Uses dedicated to providing services to businesses and individuals, generally compatible with light retailing uses. Business and personal services include but are not limited to advertising agencies, ATMs, banks (main and branch offices), barber and beauty shops, computer and data processing services, copying services, dry cleaning and laundry services, exterminating services, funeral homes, furniture repair including refinishing and upholstery, health clubs/spas, gyms/workout facilities, interior designers, laundromats, locksmiths, gunsmiths, music studios, photography studios, publishing and printing, radio and television repair shops, real estate services, seamstress shops, tattoo and body piercing parlors, and travel agencies.

Services, Major Vehicle - Service uses involving the repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments. Bus terminals, fleet and bus garages, and similar large-scale vehicle maintenance facilities are also considered major vehicle uses.

Shopping Center - Any combination of structures containing or designed to contain an aggregate of 15,000 square feet or more of floor area (floor area to be measured at main floor level); or any structure or combination of structures containing four (4) or more businesses or service establishments on the same lot or combination of lots, (having shared parking or common parking) and being under one ownership, partnership, corporation, association, or either being rented, leased, or subleased.

Sign - The term sign shall mean and include billboard; poster panel, freestanding ground sign; roof sign; projecting sign; pylon sign; illuminated sign; and sign announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interest of any person when the same is placed in view of the general public.

Special Use - A use that would not be appropriate generally or without restrictions throughout the zoning district but which, if controlled as to number, area, location, or relation to the safety, or general welfare may be permitted. Such uses may only be established after approval of quasi-judicial permit.

Street - A public thoroughfare which affords the principal means of access to abutting property.

Structure - Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground.

Studios and Specialty Schools - Uses dedicated to the instruction or training in non-academic subjects, typically in art, dance, music, athletics, and vocational training. Studios and specialty schools include dance studios, gymnastics studios, yoga studios, karate/martial arts dojos, barber/beauty colleges, voice and musical instruction, and similar uses.

Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure within a period of five (5) years, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement(s). This term does not include either (1) any project for improvement to a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a historic structure, provided the alteration will not preclude the structure's continued designation as historic.

Townhome - See Dwelling, Attached.

Variance - A modification of the area regulations of this ordinance granted by the Board of Adjustment where such modification will not be contrary to the public interest, and where owing to conditions peculiar to the property, a literal enforcement of the ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property not permitted by the zoning classification in which it is located.

Veterinarian's Office - A facility where a veterinarian supplies medical care for animals and which may include boarding facilities which are completely enclosed.

Warehousing - The storage of bulk inventory for wholesale distribution. Warehousing does not include the manufacturing or processing of any product, but may include a showroom for wholesaling which may or may not be open to the general public.

Wholesale - Sale of a commodity for resale to the public for direct consumption.

Yard - A space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments such as accessory buildings and structures are expressly permitted.

Yard, Front - A yard situated between the front building line and the front line extending the full width of the lot.

Yard, Rear - A yard situated between the rear building line and the rear lot line extending the full width of the lot.

Yard, Side - A yard situated between a side building line and side lot line and extending from the required front yard to the required rear yard. In determining the situation of accessory structures, the side yard shall be assumed to extend through the rear yard to the rear lot line.

Zoning District - The term applied to various geographical areas of the City of Lenoir for the purpose of interpreting the provisions of the ordinance. The districts are designated with the use of symbols. Various districts within the City of Lenoir are set forth in Article V of this ordinance. The terms district and zoning district are synonymous and are used interchangeable throughout this ordinance.

Zoning Inspector - Any agent of the Department of Planning and Community Development who is authorized by the director of the department to perform inspections and other general duties related to the enforcement of the Zoning Ordinance.

(Ord. of 4-15-2008; Ord. of 3-18-2014, § 4; Ord. of 3-3-2015, § 2; Ord. of 4-21-2015, § 1; Ord. of 5-16-2017, § 1; Ord. of 11-14-2017, § 1; Ord. of 5-1-2018, § 1; Ord. of 3-19-2019, § 1; Ord. of 1-19-2021, § 8; Ord. of 5-16-2023, § 1)