Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

Accessory use. (See section 35-150.)

Administrator. (See section 35-37.)

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

Adult bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult entertainment. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas.

Adult establishment. An establishment consisting of one or more of the following:

(1)

Adult bookstore;

(2)

Adult motion picture theater;

(3)

Restaurant, bar, nightclub, or other place of entertainment wherein adult entertainment is shown for observation by patrons; or

(4)

Massage parlor.

Adult motion picture theater. An enclosed building or premises used for presenting motion pictures, a substantial or significant portion of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Agricultural use. For purposes of the watershed protection districts only, the use of waters for stock watering, irrigation, and other farm purposes.

Animal unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Antenna. Equipment designed to transmit or receive electronic signals.

Architecturally integrated subdivision. Any development, including but not limited to townhouses, row houses, condominiums and businesses, consisting of one or more structures comprising at least two single-family residences or businesses whether attached or detached intended for separate ownership.

Base flood. The flood having a one percent chance of being equalled or exceeded in any given year. Also known as the 100-year flood.

Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

Billiard parlor/pool hall. Any establishment having one or more billiard table, pool table or other similar type of table games whose principal purpose is the operation of a billiard parlor/pool hall except:

(1)

Two or fewer billiard tables and/or pool tables that are coin-operated and six feet in overall length or less may be considered as an accessory use. (See also definition of "Game center/Game arcade"). The two tables referenced herein shall be counted toward (included in) the five or fewer machines used in determining an accessory use under "game center/game arcade".

(2)

Billiard and/or pool tables that are not coin-operated and are greater than six feet in overall length shall not be permitted as accessory uses.

Boarding house. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

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

Building, accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Building, principal. The primary building on a lot or a building that houses a principal use.

Built-upon area. For purposes of the watershed protection districts only, an area that consists of that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), etc. (Wooden slatted decks and the water area of a swimming pool are considered pervious.)

Certify. Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.

Child care home. A home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, all of whom live together as a single housekeeping unit.

Child care institution. An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children.

Circulation area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

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

Combination use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, section 35-149. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See section 35-150. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.

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

Convenience store. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of "stop and go" traffic. Illustrative examples of convenience stores are those operated by the "Fast Fare," "7-11" and "Pantry" chains.

Critical area. The area adjacent to a water supply intake where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending one-half mile upstream from, and draining to, the intake located directly in the river.

Day care center. Any child care arrangement that provides day care on a regular basis for more than four hours per day for more than five children of preschool age.

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. May also be responsible for any undertaking that requires a zoning permit, special use permit, or sign permit.

Development. The initiation, construction, change or enlargement of any use or structure, the disturbance of land through the removal of ground cover, or the division of land into two or more parcels. "Development" shall include, but not be limited to the following:

(1)

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

(2)

Change in type of use of a building, structure, or land;

(3)

Material increase in the intensity of use of land, such as an increase in the number of businesses, offices, manufacturing establishments, or dwelling units located in a building or structure or on the land;

(4)

Commencement or expansion of resource extraction, agricultural, horticultural, or forestry activities on a parcel of land;

(5)

Demolition of a structure or the removal of trees from a parcel of land;

(6)

Deposition of refuse, solid or liquid waste, or fill on a parcel of land;

(7)

Alteration, either physically or chemically, of the shore, bank or channel of any stream, lake, or other body of water or alteration of any wetland;

(8)

Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area which otherwise decreases the infiltration of precipitation into the soil; and

(9)

That which is to be done pursuant to a zoning permit, special use permit, or sign permit.

(10)

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

(11)

The subdivision of land as defined in G.S. 160D-802.

(12)

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

This definition does not alter the scope of regulatory authority granted by this chapter.

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 this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.

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

Dimensional nonconformity. 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.

Discharging landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Duplex. A two-family residence other than a two-family conversion.

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. For the purposes of article XII of this chapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

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.

Electronic gaming machines. Any electronic machines, including but not limited to computers and gaming terminals, used to conduct games of chance or skill, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed by the owner or operator of the machines, whether or not the existence or value of any such distribution is determined by electronic games played, by predetermined odds, or otherwise. This does not include any lottery approved by the State of North Carolina.

Electronic gaming operation. Any business enterprise, whether as a primary or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance or skill, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the existence or value of any such distribution is determined by electronic games played, by predetermined odds, or otherwise. This ordinance cannot make legal any operation which has been, or may be, determined to be illegal by other governmental authorities.

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.

Existing development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina law as of July 1, 1993, based on at least one of the following criteria:

(1)

Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or

(2)

Having an outstanding valid building permit which has not expired in accordance with the provisions of G.S. 160A-418 or which has not been revoked in accordance with the provisions of G.S. 160A-422; or

(3)

Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by article XXII.

(4)

For the purposes of the watershed protection overlay districts only, projects requiring a State of North Carolina Permit that are built or for which a state permit was issued prior to August 3, 1992.

Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding, contractual commitments to make future expenditures, as well as any other substantial changes in position.

Extraterritorial planning area. That portion of the city's planning jurisdiction that lies outside the corporate limits of the city.

Family. One or more persons living together as a single housekeeping unit.

Family care home. A residence within a single dwelling unit with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined by G.S. 122C-3(11)b.

Floodplain. Any land area susceptible to be inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the "flood boundary and floodway map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning and neighborhood services department.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this chapter, the term refers to that area designated as a floodway on the "flood boundary and floodway map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning and neighborhood services department.

Formal disaster declaration. A governmental declaration as a result of a catastrophe, including but not limited to natural disasters such as an earthquake or flood.

Game center/game arcade. An establishment having six or more token or coin-operated amusement devices or machines. Five or fewer machines may be classified as an accessory use. Such machines, upon the insertion of a coin, slug, token or other means, may be operated by the public generally for use as a game or for entertainment or amusement. Coin-operated amusement devices or machines include, but are not limited, to such devices as electronic video games, pinball machines, billiard tables, pool tables and other similar games that are coin-operated and six feet in overall length or less. Billiard parlors and pool halls shall not be considered as game centers/game arcades. An establishment with more than two coin-operated billiard tables, pool tables or other similar table games shall be considered a billiard/pool hall for purposes of this chapter. (See definition of "Billiard/pool hall").

Note: Also, refer to chapter 12, article VI of the Code of the City of Lumberton for specific licensing requirements for arcades.

Game of chance. A game whose outcome is strongly influenced by randomizing device, and upon which, contestants may or may not wager money or anything of monetary value.

Governing board. The city council or board of county commissioners. The term is interchangeable with the terms "board of aldermen" and "boards of commissioners" and means any governing board without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage.

Gross floor area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Habitable floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Halfway house. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. 35-17(30)), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, 11 of whom live together as a single housekeeping unit.

Handicapped or infirm home. A residence within a single dwelling unit for at least seven but not more than nine persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

Handicapped or infirm institution. An institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

Hazardous material. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or section 311 of CWA (oil and hazardous substances).

High volume traffic generation. All uses in the 2.000 classification other than low volume traffic generation uses.

Home occupation. A commercial activity that: (i) is conducted by a person in the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see section 35-150), but that can be conducted without any significantly adverse impact on the surrounding neighborhood.

Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (i) goods, stock in trade, or other commodities are displayed, (ii) any on-premises retail sales occur, (iii) more than one person not a resident on the premises is employed in connection with the purported home occupation, (iv) it creates objectionable noise, fumes, odor, dust or electrical interference, or (v) more than 25 percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than 500 square feet of gross floor area (whichever is less), is used for home occupation purposes.

The following is a nonexhaustive list of examples of enterprise that may be home occupations if they meet the foregoing definitional criteria:

(i)

The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional;

(ii)

Workshops, greenhouses, or kilns;

(iii)

Dressmaking or hairdressing studios.

Hotel/motel. An establishment substantially engaged in the business of furnishing lodging. A hotel may have a restaurant either on or closely associated with the premises. Any associated restaurant must also meet the standards (except for the parking requirements) of the land use ordinance as if it was not associated with a hotel/motel.

Impervious surfaces. Those areas within developed land which prevent or significantly impede the infiltration of stormwater into the soil. Common impervious surfaces include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, concrete, asphalt or gravel parking lots, storage areas, brick or concrete pavers, temporary buildings or other structures not permanently attached to the land and other surfaces which prevent or significantly impede the natural infiltration of stormwater into the soil. For the purposes of chapter 35, the effective impervious coverage for certain surfaces listed below are as follows:

(1)

Asphalt, concrete, masonry, marl, wood and other impermeable surfaces which prevent land from infiltrating stormwater are 100 percent;

(2)

Porous surfaces which permit direct infiltration of unconcentrated stormwater into ground areas which are prepared in accordance with plans approved by the department of planning and neighborhood services so that the first one-half inch of stormwater infiltrates into the ground are 70 percent through ten percent impervious, depending on all or a combination of some of the following factors: Compaction, condition of subgrade, extent of land disturbance, extent of porous openings, protection from siltation and clogging, slope of the ground and volume of stormwater stored;

(3)

Ungraveled natural footpaths, water surfaces of swimming pools, and drain fields are zero percent impervious.

All other determinations about impervious surfaces will be based on hydrological tests based on existing subgrade soils, slope, rainfall intensity and rainfall duration.

Intensive residential treatment facility. A 24-hour residential facility that provides a structured living environment for individuals whose needs require more intensive treatment than would be available in a family care, child care, intermediate care, handicapped or infirm home, institution or facility.

Intermediate care home. A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Intermediate care institution. An institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Kennel. A commercial operation that: (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale.

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

Loading and unloading area. That portion of the vehicle accommodation area used to satisfy the requirements of section 35-300.

Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.

Subject to section 35-123, the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter.

Lot, existing (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to July 1, 1993.

Lot area. The total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right-of-way then the lot boundary for the purposes of computing the lot area shall be the street right-of-way line, or a line running parallel to and 30 feet from the center of the traveled portion of the street if the right-of-way line cannot be determined; and (ii) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be inside boundary of the traveled portion of that road.

Low volume traffic generation. Uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

Massage parlor. An establishment or business, other than in a hospital or other medical treatment facility, wherein the manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device, is practiced.

Manufactured home. Any structure that: (i) consists of a single unit completely assembled at the factory, or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and jointed together at the site; (ii) is designed so that the total structure (or in the case of double-wides or triple-wides, each component thereof) can be transported on its own chassis; (iii) is over 32 feet in length and over eight feet in width; (iv) is designed to be used as a dwelling unit and provides complete, independent living facilities for one family and including permanent provisions for living, sleeping, eating, cooking and sanitation; (v) is actually being used or held ready for use as a dwelling; (vi) is not constructed in accordance with the standards set forth in the North Carolina State Building Code.

Manufactured home, class A. A manufactured home that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfied the following additional criteria:

(1)

The pitch of the manufactured home's roof shall have a minimum vertical rise of one foot for each five feet of horizontal run;

(2)

The exterior materials shall be of wood, hardboard, or aluminum comparable in composition, appearance, and durability to site built houses in the vicinity;

(3)

A continuous, permanent masonry foundation, unpierced except for required ventilation and access shall be installed under the manufactured home (this criteria does not apply to manufactured homes located on land leased to the homeowner);

(4)

The tongue, axles, transporting lights, and removable towing apparatus shall be removed subsequent to final placement; and

(5)

The manufactured home shall have a length not exceeding four times its width.

Manufactured home, class B. A manufactured home that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a class A manufactured home.

Manufactured home park. A multifamily residential use consisting of two or more detached manufactured homes located on one lot.

Modular home. A single-family residence 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 sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the N.C. State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Multifamily conversion. A multifamily residence containing not more than four dwelling units resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this chapter and that was originally designed, constructed and occupied as a single-family residence.

Nonconforming lot. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.

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

Nonconforming situation. A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to one 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 exceed maximum height 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, because signs do not meet the requirements of this chapter (article XVII), or because land or buildings are used for purposes made unlawful by this chapter.

Nonconforming use. 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.)

Nonresidential development. All development other than residential development, agriculture and silviculture.

Nursing care home. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons.

Nursing care institution. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.

Organized shelter—Type A. A transitional housing facility designed to shelter individuals which is required to meet the standards in section 35-178.

Organized shelter—Type B. A transitional housing facility designed to temporarily feed and shelter individuals according to the standards in section 35-178.

Organized shelter—Type C. A transitional housing facility designed to temporarily feed, shelter and provide counseling or therapeutic activities for individuals according to the standards in section 35-178.

Parking area aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space. A portion of the vehicle accommodation area set aside for the parking of one vehicle.

Person. Any individual, corporation, firm, partnership, association, organization, or other group acting as a unit.

Planned residential development. A development constructed on a tract of at least five acres under single ownership, planned and developed as an integral unit, and consisting of single-family residential lots combined with either two-family residences or multifamily residences or both, all developed in accordance with section 35-157.

Planning jurisdiction. The area within the city limits as well as the area beyond the city limits within which the city is authorized to plan for and regulate development, as set forth in section 35-3.

Planned unit development. A development constructed on a tract of at least 25 acres under single ownership, planned and developed as an integral unit, and consisting of a combination of principal uses that could not be combined in any district other than a planned unit development district.

Plat. A map or plan or a parcel of land which is to be, or has been subdivided.

Protected area. For purposes of the watershed protection overlay districts only, the area adjoining and upstream of the critical area. The boundary of the protected area extends ten miles upstream and, draining to, the intake located directly on the river. For purposes of this chapter, the boundary of the protected area extends only to the boundary of the City of Lumberton or its extraterritorial jurisdiction.

Public water supply system. Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof. (See G.S. 130-31)

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. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.

Receive-only earth station. An antenna and attendant processing equipment for reception of electronic signals from satellites.

Recyclable material. Reusable material, including but not limited to, metals (including vehicles and trailers,) glass, rubber, (including tires), plastic, paper and scrap, which is intended for reuse or reconstitution for the purpose of using in the original or in the altered form. Recyclable materials shall not include hazardous materials and waste (as defined in 40 CFR 261.3 to 261.33, or if the same may be amended by law).

Residence, single-family with accessory apartment. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25 percent of the gross floor area of the building nor more than a total of 750 square feet.

Residence, two-family. A residential use consisting of two dwelling units within a single building on a single lot other than a single-family residence with accessory apartment. Two dwelling units that are connected only by structural components designed to form a passageway (e.g. a covered walkway) rather than a place of occupancy (e.g. porch or garage) shall not be regarded as a two-family residence.

Residence, multifamily. A residential use consisting of two dwelling units located in separate buildings on the same lot or three or more dwelling units located in one or more buildings on the same lot.

Residence, single-family. A residential use consisting of a building containing one dwelling unit on a single lot.

Residential development. Those projects which consist of buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations.

Restaurant. An establishment substantially engaged in the business of preparing and serving meals on a retail basis for consumption on the premises or to be taken away.

Rezoning or zoning map amendment. An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes (i) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations and (ii) the application of an overlay zoning district or a special zoning district. The term does not include (i) the initial adoption of a zoning map by a local government, (ii) the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction, or (iii) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.

Road. All private ways used to provide motor vehicle access to: (i) two or more lots, or (ii) two or more distinct areas or buildings in unsubdivided developments.

Rooming house. (See "boarding house")

Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, that the following shall not be included in the application of the regulations as set out in this chapter:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises or other identification of premises not having commercial connotations.

(2)

Flags and insignias of any government, except when displayed in connection with commercial promotion.

(3)

Legal notices, identification, information or directional signs erected or required by governmental bodies.

(4)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(5)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign area. The entire face of a sign and all wall work including illuminating tubing incidental to its decoration shall be included for measurement of sign areas, excluding architectural trim and structural embellishments. In the case of an open sign made up of individual letters, figures or designs shall be included as part of the sign area. In computing sign area, only one side of a double face sign structure shall be considered.

Sign, commercial accessory. A freestanding sign on a commercial parcel relating to the products sold thereon in addition to the principal use sign.

Sign, outdoor advertising. Any sign, including a standard poster panel either freestanding or attached to a structure which directs attention to a business commodity, service, entertainment or other activity conducted, sold or offered elsewhere than on the premises on which such sign is located.

Sign, temporary. A sign permitted for a period not exceeding 12 months.

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

Special events. Circuses, fairs, carnivals, festivals, or other types of special events that (i) run for longer than one day but not longer than four weeks (ii) are intended to or likely to attract substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Special use permit. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.

Specified anatomical areas. An area consisting of:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. An activity which includes:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

Street. A public street or a street with respect to which an offer of dedication has been made.

Street, arterial. A major street in the city's street system that serves as an avenue for the circulation of traffic onto, out or around the city and carries high volumes of traffic.

Street, collector. A street whose principal function is to carry traffic between minor, local and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

Street, cul-de-sac. A street that terminates in a vehicular turnaround.

Street, local. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.

Street, marginal access. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of through traffic on the arterial street and so that the flow of traffic on the arterial is not impeded by direct driveway access from a large number of abutting properties.

Street, minor. A street whose sole function is provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.

Street, subcollector. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.

Structure. Anything constructed or erected.

Subdivision. The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter applicable strictly to subdivisions: (i) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter; (ii) the division of land into parcels greater than ten acres where no street right-of-way dedication is involved; or (iii) the public acquisition by purchase of strips of land for widening or opening streets; or (iv) the division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this chapter.

Subdivision, major. Any subdivision other than a minor subdivision.

Subdivision, minor. A subdivision that does not involve any of the following: (i) the creation of more than a total of eight lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; or (iv) the installation of drainage improvements through one or more lots to serve one or more other lots.

Temporary emergency, construction, or repair residence. A residence (which may be a manufactured home) that is (i) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (iii) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

Temporary emergency aid facilities. A facility designed to temporarily house emergency aid workers providing disaster-related services to the community, including those providing support to such workers. This facility, which is required to meet the standards in section 35-161.1, shall provide services primarily related to emergency disaster relief, such as:

(1)

Providing contact information or access to caseworkers on emergency disaster needs, clean up kits, emotional support counselors; assisting people with recovery information, and referrals.

(2)

Emergency aid stations for one stop emergency disaster relief.

(3)

Temporary housing for volunteer groups.

(4)

Providing office space.

(5)

Storage of materials for property owners to help with cleanup and rebuilding

Temporary sign. A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or (ii) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

Tower. Any structure whose principal function is to support an antenna.

Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring.

Tract. A lot. The term tract is used interchangeably with the term "lot."

Travel trailer. A structure that is (i) intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and (ii) is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a manufactured home.

Two-family conversion. A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this chapter and that was originally designed, constructed and occupied as a single-family residence.

Usable open space. A parcel of land, or an area of water, or a combination of both land and water, within the site designated for a cluster subdivision or an architecturally integrated subdivision, designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets and right-of-way. A maximum of 50 percent of the usable open space may be areas covered by water or designated as wetlands. Usable open space shall be substantially free of structures but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of the residents. A maximum of 20 percent of the usable open space may be covered by structures clearly ancillary to the recreational or accessory use of the area. Usable open space shall be shown as dedicated on final subdivision plat, recorded in the county register of deeds and no portion thereof may be used for future construction or to meet future usable open space requirements.

Use. The activity or function that actually takes place or is intended to take place on a lot.

Use, principal. A use listed in the table of permissible uses.

Utility facilities, public. Any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by section 62.3 of the North Carolina General Statutes and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in section 35-151(2).

Utility facilities, neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Utility facilities, community or regional. All utility facilities other than neighborhood facilities.

Variance. A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do.

Variance, major. For purposes of the watershed overlay protection districts only, a variance that results in any one or more of the following:

(1)

The complete waiver of a management requirement;

(2)

The relaxation, by a factor of more than ten percent, of any management requirement that takes the form of a numerical standard;

(3)

The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option.

Variance, minor. For purposes of the watershed protection overlay districts only, a variance that does not qualify as a major variance.

Vehicle accommodation area. That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.

Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).

Watershed administrator. The director of the department of planning and neighborhood services designated person of the city responsible for administration and enforcement of this chapter.

Wholesale sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Zoning permit. A permit issued by the land use administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 866, 2-17-86; Ord. No. 1030, § 2, 4-18-88; Ord. No. 1236, 9-24-90; Ord. No. 1363, 9-28-92; Ord. No. 1445, 6-13-94; Ord. No. 1690, 9-28-98; Ord. No. 1715, 2-22-99; Ord. No. 1771, 1-10-00; Ord. No. 1805, 11-27-00; Ord. No. 2006.04.02 , 4-24-06; Ord. No. 2013.10.2, 10-9-13; 2014.05.01, 5-12-14; Ord. No. 2017.07.01 , 7-12-07; Ord. No. 2017.12.03, 12-6.17; Ord. No. 2018.08.07 , 8-13-18; Ord. No. 2021.06.02 , 6-9-21)

Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)