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 ordinance.

Accessory dwelling unit. A secondary dwelling unit inhabited by members of the household or rented like an apartment. To ensure that an accessory dwelling unit is secondary to the primary residence and not a duplex, it is subject to the following restrictions:

(1)

Only one accessory dwelling unit may be permitted on a lot.

(2)

Accessory dwelling unit may be attached (located in the principal residence) or in a detached structure on the lot providing requirements for the lot coverage and setbacks for the district are met. To encourage the preservation of the town's historic outbuildings, an accessory building existing at the time of the adoption of this ordinance, may be converted into an accessory dwelling unit provided percentage of lot coverage does not exceed the maximum allowable.

(3)

Accessory dwelling units shall not be larger than 50 percent of the living area of the primary residence or 600 square feet, whichever is smaller.

(4)

One additional off-street parking space shall be provided for the accessory dwelling unit.

(5)

Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the primary residence.

(6)

A detached accessory dwelling unit shall be either one- or one-and-one-half story.

Accessory use. A use or activity which is clearly incidental to and customarily found in connection with the principal use and located on the same lot with such principal use.

Accessory equipment structure. A building or cabinet-like structure located adjacent to, or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.

Administrator. The person designated to administer the Manteo Unified Development Ordinance.

Adult entertainment. Refer to G.S. 14-202.10, Definitions, regarding adult establishments; 14-202.11, Restrictions as to adult establishments; and 14-202.12, Violations; penalties, for the definitions [applicable to such subject matter].

Alley. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Alternative tower structure. Clock towers, sculptures, bell steeples, light poles and similar alternative-design mounting structures that conceal the presence of antennas or towers.

Apartment. A portion of a building used or designed as a residence for one or more housekeeping units, living independently of each other; contained under one roof; individual units being connected by a dividing partition or having the ceiling structure of the lower unit as the floor structure of the unit above.

Area of environmental concern. Those natural resources as stated in the State Guidelines for Areas of Environmental Concern (15A NCAC 07H .0101). In Manteo, these resources include estuarine waters, coastal wetlands, public trust areas, estuarine shorelines, fragile natural and cultural resource areas, in Dough's Creek and Shallowbag Bay.

Antenna (1). Equipment designed to transmit or receive electronic signals.

Antenna (2). Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building, or other structure usually consisting of a series of directional panels, microwave or satellite dishes, or omni directional "whip" antennas.

Antenna, stealth. Wireless telecommunications antenna and related equipment designed to blend into surrounding environment or integrated into the physical structure to which it is attached.

Area median income: The median income level for Dare County, North Carolina, as established and determined by the Section 8 Income Limits tables created annually by the United States Department of Housing and Urban Development (HUD), MFI (Median Family Income), HUD-USER, P.O. Box 23268, Washington, DC, 20026. To access these numbers via the internet go to http://www.huduser.org/datasets/il.html follow the link for the appropriate year and the State of North Carolina. Go to the Dare County section and the median income is identified under the Dare County Heading. The low and moderate income levels are as defined in this ordinance and not as they appear on the HUD website.

Average foot-candles. The average of a number of points of foot-candle calculations or foot-candle measurements in a given area.

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

Base transceiver station. Equipment that provided the link between wireless communications and land-based public telephone switching networks, including radio frequency transceivers, back-up power sources, power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.

Bed and breakfast. A single-family home, tourist home, or guesthouse with a room or rooms without cooking facilities that are rented, provided:

(1)

There are no more than eight guestrooms.

(2)

Owner/owners having a minimum fee simple interest of 50 percent in the property must reside in and manage the bed and breakfast facility.

(3)

Property must be compatible with the "Design Guidelines: The Manteo Way of Building."

(4)

Adequate parking shall be required.

(5)

Preparation and service of breakfast by owner only to residing guests.

(6)

No meals other than breakfast to be served to residing guests.

(7)

Facilities must meet all applicable local and state health codes.

(8)

Freestanding signs shall not exceed ten square feet. Only one freestanding sign is allowed.

Bedroom. Criteria for determining the number of bedrooms may include but not be limited to any room that will serve as a bedroom in a dwelling unit, any room that can reasonably be expected to function as a bedroom, any room having one or more of the following characteristics:

(1)

A minimum square footage of 70 square feet.

(2)

Minimum ceiling height of seven feet, six inches.

(3)

Minimum exit door width of two feet, six inches.

(4)

Minimum window area of 5.7 square feet.

(5)

Containing a closet and/or adjacent to a bathroom.

Best management practices (BMPs). Activities, practices and procedures to prevent or reduce the discharge of non-point source pollutant inputs directly or indirectly to a storm water system.

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.

Board of Adjustment. A quasi-judicial board, appointed by the Manteo Town Commissioners, composed of residents of Manteo residing in the regulatory jurisdiction.

Buffer, opaque screen. A screen that is opaque from the ground to the required height and intended to exclude completely all visual contact between uses and to create a strong spatial separation. There are three variations:

(1)

Formal opaque screen. A screen of evergreen vegetation which will be at least three feet wide and six feet high after two years with two-inch caliper trees planted every 25 feet or closer.

(2)

Landscaped fence opaque screen. A six-foot wooden or masonry fence with landscaping covering 50 percent of the exterior side of the fence and with two-inch caliper trees planted every 25 feet or closer.

(3)

Natural opaque screen. A low maintenance, densely planted vegetative screen requiring at least a 15-foot deep buffer yard and comprised of a variety of evergreen shrubs and trees.

Buffer, parking/traffic. A screen of evergreen vegetation which will be at least three feet wide and four feet high after two years with two-inch caliper trees planted as specified.

Buffer, setback. A landscaped area along the side boundaries of a lot.

Bufferyard. The ground area required for a buffer.

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

Building, accessory. A subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of a principal building on the same lot. Accessory buildings may be placed in any rear or side yard but may be no closer than five feet from any property line.

Building, principal. A building in which is conducted the principle use of the lot on which it is located.

Building height. The vertical distance measured from the bottom of the first floor of the structure to the top plate. Cupolas and other similar architectural features are not to be included in the determination of the building height. Building height shall not exceed three habitable floors.

Building setback line. A line parallel to or concentric with the street right-of-way establishing the minimum allowable distance between such right-of-way and the nearest portion of any building. All efforts shall be made when siting buildings and residences to contain all features within these setbacks. Exceptions can be made, at the discretion of the zoning administrator, to allow the outermost three feet of any uncovered porches, steps, decks, eaves, gutters, similar fixtures and an HVAC unit or series of units not to exceed ten tons to encroach into side or rear setbacks but shall not exceed five feet from the building setback line. Uncovered steps may encroach three feet into the front setback.

Caliper. The diameter of a tree as measured at a height of four feet.

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.

Circulation area. That portion of the parking lot 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.

Co-location. The location of wireless telecommunications equipment from more than one provider on one common tower, building, or structure.

Combination use. A use consisting of a combination on one lot of two or more principal uses separately listed in the use permitted in each district. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. 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.)

Communication (transmission) tower. A structure, either freestanding or attached to a building, principally intended to support and/or radiate or receive a source of non-ionizing electromagnetic radiation (NIER) and accessory equipment related to broadcast services, private radio services, cellular telephone services and common carriers (as regulated by the Federal Communications Commission), including AM, FM, two-way radio, television and cable antenna television transmission and reception and microwave transmission. The term transmission tower does not include electrical or conventional telephone transmission lines or supporting structures, antennae of amateur radio (ham) operators, amateur club services licensed by the Federal Communications Commission, satellite dishes and antennae less than 75 feet in height with transmitting power of 250 watts or less.

Conditional use permit. A special use permit as defined by G.S. 160D-102.

Condominium. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants together with individual ownership in fee of a particular dwelling unit in such building.

Connection. Any device, such as a ditch or pipe, used for rerouting or transmission of stormwater drainage or other materials which will in any way affect the condition, maintenance or operation of storm water system.

Convenience store. A 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.

Craft distillery. An independently-owned distillery with maximum annual sales of 52,500 cases where the product is distilled and bottled on site.

1.

1 case = 12 quantity 750 ml bottles of 80 proof, or the equivalent amount of alcohol

2.

The principal distiller defines the house style and oversees all aspects of production.

3.

Facilities shall include a tasting room.

4.

Facilities shall have a designated loading area.

5.

Applicant must provide an approved waste design prior to issue of building permit.

Cut-off fixture. A flat lens, full cut-off fixture that by its design, directs a minimum of 90 percent of total lamp lumens within 80 degrees of the vertical plane of the light fixture and a maximum of ten percent of the total lamp lumens above 80 degrees from the vertical plane, and no more than 2.5 percent of total lamp lumens above 90 degrees. Full cut-off fixtures must be installed in a horizontal position as designed.

Day care center, adult. A center providing day care on a regular basis for more than two hours per day for more than five adults.

Day care center, child. A facility as defined in G.S. 110-863 which is authorized to provide day care on a regular basis at least once per week for more than four hours but less than 24, provided:

(1)

The facility shall adhere to the minimum requirements of and be licensed by the North Carolina Department of Human Resources Division of Facility Services Child Day Care Section.

(2)

Pickup and drop-off areas shall be provided separate from the fire aisle. The pickup and drop-off areas shall be designed so that no child is required to cross the parking lot or any other traffic areas.

(3)

All outdoor recreation areas shall be buffered from adjacent residential uses and districts.

Developer. A person who is responsible for any undertaking that requires a zoning permit or a special use permit.

Development. Any manmade change to improved or unimproved real estate.

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.

Ditch. A manmade open channel that traverse watersheds or alters natural drainage for the purpose of conveying groundwater or runoff.

Domestic abuse shelter. A facility owned or operated by an agency for persons who are in need of temporary housing due to various unusual circumstances.

Drainage. The flow of runoff as a concentrated flow.

Drainage easement. A grant of one or more of the property rights, by the property owner to or for use by, the public or other entity for the purposes of establishing and protecting the stormwater system.

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

Driveway, residential. Private vehicular access from a right-of-way that serves dwelling units.

Duplex. See Residence, duplex.

Dwelling. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes, NCSBC or 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 12 of this chapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose. G.S. l60D-l02(15).

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.

Effective date of this ordinance. Whenever this article refers to the effective date of this ordinance, the reference shall be deemed to include the effective date of any amendments to this ordinance if the amendment, rather than this ordinance as originally adopted, creates a nonconforming situation.

Established ditch. A manmade open channel that traverse watersheds or alters natural drainage routes for the purpose of conveying runoff or groundwater that has well established riparian vegetation and hydrology.

Event home. Residential housing unit in B-1 that is used to host events, including, but not limited to weddings, birthdays, and reunions. Such events shall take place outside of the home unless the home is brought into compliance with commercial safety standards, in which case the interior of the home may be used.

Event home proprietors shall:

(1)

Provide adequate restroom facilities. Should facilities need to be brought on site they shall be trailer style restroom facilities with potable water and electricity. Port-a-Potties are not considered acceptable facilities. Trailer style restrooms shall not be on the property for longer than 72 hours;

(2)

Provide adequate solid waste receptacles;

(3)

Obey all noise related ordinances. Owner and/or event coordinator shall be held responsible for any noise ordinance violations;

(4)

Not allow tents and other event related decor to be present on the outside of the home for longer than 72 hours or extended with cause.

(5)

Events shall be limited to 300 guests.

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.

Family. One or more persons occupying a single-family dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain more than five persons.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard boundary map. An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as zone A.

Flood insurance rate map. An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary/floodway map and the water surface elevation of the base flood.

Floodlight. A light fixture usually capable of being pointed in any direction that is designed to project a light beam to an object or surface area to a luminance considerably greater than its surroundings.

Floodplain. Any land area susceptible to be inundated by water from the base flood. As used in this ordinance, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the "flood hazard boundary map" prepared by the Federal Insurance Administration, a copy of which is on file in the planning 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 ordinance, the term refers to that area designated as a floodway on the "flood hazard boundary map" prepared by the Federal Insurance Administration, a copy of which is on file in the planning department.

Foot-candle. The unit of measure of luminance on a surface. Foot-candles are the ratio of the quantity of light in lumens divided by the surface area in square feet on which the lumens are falling. One lumen per square foot is one foot-candle.

Fully shielded. A light fixture that is constructed or sufficiently shielded by an opaque housing, in such a manner that all light emitted is below the horizontal plane as determined by photometric test or certified by the manufacturer.

Game room. A use providing video games or other games for playing for amusement and recreation. Any table games such as air hockey, football, pinball, or the like shall be included under this definition.

Glare. The sensation produced by luminance within the visual field that is significantly greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss of visual performance. It results from high luminance or insufficiently shielded light sources in the field of view or from reflecting areas of high luminance. There are two types:

(1)

Disability glare affects visual performance and reduces the ability to see or identify objects. It is often accompanied by discomfort.

(2)

Discomfort glare products discomfort but does not necessarily interfere with visual performance or visibility.

Grocery store. Different convenience store in that its primary purpose is the retail of food and food products.

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

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

Handicapped person. A person 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 in G.S. 122C-3(11)b.

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

Highest adjacent grade. The highest elevation of the ground surface next to proposed walls of the structure.

Historic structure. Any structure existing prior to the 1939 fire.

Historic tree. A Live Oak aged 100 years or more with a caliper of 24 inches or more.

Home occupation. A commercial activity that: (i) is conducted by a person on 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, 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) any on-premises retail sales occur, (ii) any person not a resident on the premises is employed in connection with the purported home occupation, (iii) it creates objectionable noise, fumes, odor, dust or electrical interference, or (iv) more than 50 percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, is used for home occupation purposes.

The following is non-exhaustive list of examples of enterprises 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 (iv) home child care of five children or less.

Hotel. A commercial establishment that contains multiple hotel rooms for the purpose of providing overnight lodging facilities to the general public for compensation. Any structure constructed according to the North Carolina Residential code is not considered a hotel.

Hotel, conference and event. A hotel with ancillary interior conference, meeting or event areas accessible for use by guests of the hotel or rentable by third parties who are not guests of the hotel and that the gross floor area equals or exceeds five percent of the gross floor area of the entire facility inclusive of the conference, meeting or event area. No hotel may have conference, meeting or event areas exceeding 15 percent of the gross floor area of the entire facility.

Hotel room. An overnight accommodation rentable by the night, in conjunction with an on premises public reception and lobby space, that does not have a cook-top or range and is not intended for extended stay. If a range or cook-top are installed the accommodation it shall be considered a dwelling unit.

IESNA. Illumination Engineering Society of North America.

ISO foot-candle diagram. Lines plotted on a set of coordinates to show all points on a surface where equal levels of luminance occur.

Impervious surface. Any material that impedes or prevents natural infiltration of water into the soil.

Lamp. A bulb or tube that is a light source.

Light fixture. Any electrically powered illuminating device, reflective surface, lamp or any similar device, permanently installed or portable, used for illumination or advertisement, including illuminated signs.

Lot. A parcel of land which fronts on and has ingress and egress by means of a public right-of-way or an approved private street and which is occupied or intended to be occupied by a building or groups of buildings as provided herein with the customary accessories and open spaces. For the purposes of this ordinance "plat," "lot," "parcel," "plot," and "tract" shall be considered synonymous.

Lot area. The total horizontal area included within lot lines.

Lot, corner. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.

Lot coverage. Percentage of lot area covered by impermeable surface. Sidewalks and dedicated alleyways exempt from lot coverage calculations.

Lot depth. The average distance from the street line of the lot to its rear line measured in a general direction of the side lines of the lot.

Lot lines. The lines bounding a lot as defined herein:

(1)

Lot line, front. The line separating said lot from that street which is designated as the front street on the building permit, certificate of occupancy, or subdivision plat.

(2)

Lot line, rear. The lot boundary opposite and most distant from the front line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 30 feet long and wholly within the lot.

(3)

Lot line, side. A side lot line is any boundary lot not a front line or rear lot line.

Lot of record. A lot which is part of a subdivision recorded in the office of the Dare County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been recorded.

Lot width. The width of a lot at the required building setback line measured at right angles to its depth.

Low-income households. Households that have income that does not exceed 65 percent of the area median income for a household of four people.

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.

Lumen. The unit of measure of the quantity of light emitted by a light source, irrespective of direction.

Maintained foot-candles. Foot-candles (minimum, maximum, or average) that are calculated with an adjustment for a maintenance factor that includes dirt build-up, lamp lumen depreciation, ballast factor, etc. The system is in effect over designed initially and then over time allowed to reach a maintained foot-candle level.

Manufactured home. A structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width, 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein; except that such term will include any structure which meets all the requirements of this paragraph, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, U.S.C. Section 5401 et seq.

Marina. Any water area with a structure (dock, basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than five boats. Boat ramp facilities providing access only are excluded.

Market-rate unit. Residential dwelling units or lots that are not required to be affordable housing units under the requirements of this chapter.

Ministorage (self-storage) complex. A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

Mobile home. A structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width, 33 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976 (NC Law O.C.G.A. 8-2-160 #6).

Moderate-income households. Households that have income that does not exceed 80 percent of the area median income for a household of four people.

New construction. Structures for which the start of construction commenced on or after the effective date of this ordinance.

Nonconforming lot. A lot existing at the effective date of this ordinance (and not created for the purposes of evading the restrictions of this ordinance) that does not meet the minimum area, building setback, or dimensional requirements 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 ordinance 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 ordinance, an 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 square footage 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 ordinance, because the location, the width, the number of curb cuts, buffers, parking lots interspersed with trees is not in conformity with this ordinance, or because land or buildings are used for purposes made unlawful by this ordinance.

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 operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)

Open space. An unoccupied space open to the sky.

Open storage. Unroofed storage area, whether fenced or not.

Outdoor market. The sale of goods in an open lot.

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

Open vertical fixture. An unshielded high intensity discharge fixture with an open bottom acrylic refractor.

Parking area aisles. That portion of the parking lot consisting of lanes providing access to parking spaces.

Parking lot. 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 (spaces and aisles).

Parking space. A portion of parking area set aside for the parking of one vehicle, not less than 18 feet long by nine feet wide or 22 feet long by eight feet wide for on-street parallel parking.

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

Planning jurisdiction. The area within the town limits and the area beyond the town limits within which the town plans for and regulates development.

Planning and Zoning Board. The body appointed by the Manteo Town Commissioners whose purpose is to make recommendations regarding land use matters.

Pre-existing towers and antennas. Any tower or antenna on which a permit has been properly issued prior to the effective date of this ordinance.

Quasi-judicial hearing. A term applied to the action or discretion of public officials, who are required to investigate facts or ascertain the existence of facts, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature.

Recessed or flush mounted. A fixture that is mounted above the ceiling with the opening, lens, or cover of the fixture recessed or level with the ceiling surface, and all light emitted is below the horizontal plane.

Recreational boat slip. Any boat slip that is leased/rented to someone other than the property owner and the boat is not used for commercial purposes.

Residence, duplex. An independent building divided horizontally or vertically and designed for or occupied as two separate residences contained entirely under one roof and having one dividing partition common to each unit or having the ceiling structure of the lower unit as the floor structure for the unit above.

Residence, multi-family. A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses.

Residence, primary 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, accessory dwelling unit. A secondary dwelling unit inhabited by members of the household or rented like an apartment. An accessory dwelling unit is subject to the following restrictions:

(1)

Only one accessory dwelling unit may be permitted on a lot.

(2)

Accessory dwelling unit may be attached (located in the principal residence) or in a detached structure on the lot providing requirements for the lot coverage and setbacks for the district are met. To encourage the preservation of the town's historic outbuildings, an accessory building existing at the time of the adoption of this ordinance, may be converted into an accessory dwelling unit provided percentage of lot coverage does not exceed the maximum allowable.

(3)

Either the primary residence or the accessory dwelling unit shall be occupied by an owner of the property.

(4)

Accessory dwelling units shall not be larger than 50 percent of the living area of the primary residence or 600 square feet, whichever is smaller.

(5)

One additional off-street parking space shall be provided for the accessory dwelling unit.

Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the primary residence.

Residence, Single-Family. A detached building for or occupied exclusively by one family, to include system built homes.

Restaurant. Any place or premises used for preparations, sale, dispensing or serving of food, refreshments or beverages, where customers are served and eat or drink the food, refreshments, or beverages on premises that are permitted and inspected by the Dare County Health Department.

Restaurant seat. Seating inside a restaurant for the purpose of service of meals and beverages including bar seats. Seating in unheated space is not included in any calculations.

Riparian buffer. A designated area of native or non-native trees, shrubs, or other vegetation that is adjacent to a tidal creek.

Road, street. All public or 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.

Satellite dish antenna or satellite earth station. An antenna and attendant processing equipment for reception of electronic signals from satellites. Antennas and dishes exempted from local land use regulations by the Telecommunications Act of 1996 are not subject to these provisions.

Sexually oriented businesses. Refer to G.S. 14-202.12, Definitions, regarding adult establishments; 14-202.11, Restrictions, as to adult establishments; and 14-202.12, Violations; penalties, for the definitions applicable to such subject matter.

Sidewalk. Paved walk for pedestrians at the side of a street and shall be no less than five feet wide. All new construction and the replacement of existing sidewalks will be constructed of exposed aggregate concrete materials or brick with a concrete base, unless an alternative surface is approved by the board of commissioner's in all zoning districts.

Sign. Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view, or any structures including flags (not to include the flag of the United States of America), banners, billboards, and poster panels, designed to carry visual information.

Sign area. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than 24 inches between each sign face. Sign area includes the structure to which it is mounted. The area of signs composed in whole or in part of freestanding letters, devices, or sculptured matter not mounted on a measurable surface shall be construed to be the area of the least square, rectangle, or circle that will enclose the letters, devices and/or sculptured matter.

Signs, business. A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to type of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises; but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

Signs, directional. On-premise signs which give internal parking directions.

Signs, historic. An off-premise sign predating the adoption of the town's first zoning ordinance and located in the historic part of town (within the original boundaries of the 1899 incorporated limits) and having as its primary purpose the delivery of information of interest to the general public (such as the Mount Olivet Methodist Church directions signs, the Pioneer Theater show sign).

Signs, identification. A sign, used to identify only the name of the individual, family, organization, or enterprise occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.

Signs, outdoor advertising and sign structure (billboard). A sign and structure which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered:

(1)

Only elsewhere than upon the premises where the sign is displayed; or

(2)

As a minor or incidental activity upon the premises where the sign is displayed.

Site specific development plan. A plan that must be submitted when a project is completed in phases, this plan would be for the particular area that is currently being developed.

Skirting area. That area beneath a manufactured home or mobile home from the underside of the floor area to the ground.

Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

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.

Storage trailer. Portable, wheeled device used to stow items.

Start of construction. The first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property or accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without poured footings, the start of construction includes the first permanent framing (girders) or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes, start of construction means the affixing of the manufactured home to its permanent site.

Stormwater. Runoff as a direct result of precipitation.

Stormwater system. The natural and manmade drainage and stormwater management facility network designed and used for collecting managing or conveying stormwater including but not limited to culverts, ditches, creeks, drains, inlets, engineered facilities, streets with drainage systems.

Structure. Anything constructed or erected.

Structure highlighting.

(a)

Any exposed or channel neon, argon, krypton or similar gas tube lighting, not utilized as a part of permitted signage, that directs attention to a building, or structure,

(b)

Any unshielded light source, or light source that illuminates a translucent or opaque two or three dimensional surface, or object, that is not part of a permitted sign, that directs attention to a building or structure.

Subdivision. Any division of a tract or parcel of land into two or more lots, building sites, or other divisions; for the purpose, whether immediate or future, of sale or building development, including any division of land involving the dedication of a new street or a change in existing streets; provided, that the following shall not be included within this definition, nor shall they be subject to the regulations prescribed by of this ordinance:

(1)

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 ordinance;

(2)

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

(3)

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

(4)

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 ordinance.

(5)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.

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

Subdivision, minor. A subdivision that does not involve any of the following:

(1)

The creation of more than a total of three lots;

(2)

The creation of any new public streets;

(3)

The extension of a public water or sewer system; or

(4)

The installation of drainage improvements through one or more lots to serve one or more other lots.

Substantial improvement. For a structure built prior to the enactment of this ordinance, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state or local inventory of historic places.

System Built Home. A dwelling unit constructed in accordance with, or above, the standards set forth in the 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 state building code), or a series of panels or room sections transported on a truck and erected or joined together on the site. In all cases the homes shall meet the Manteo Way of Building, satisfy the local building inspector and meet all local codes.

Telecommunications tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice tower, guy tower or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier tower, cellular telephone towers, alternative tower structures, and the like. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.

Tower. See Communications tower.

Tower, guy. A tower design that features supporting cables and wires anchored to the ground surrounding the tower.

Tower, lattice. Three- or four-legged girdered structures typically supporting multiple communications users and services generally ranging from 60 to 200 feet in height.

Tower, monopole. Single pole design, approximately three feet in diameter at the base narrowing to approximately one and one-half feet at the top, generally ranging from 25 to 150 feet in height.

Tract. A lot (see lot definition). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one "tract" is subdivided into several "lots."

Trailer. Shall include any of the following:

(1)

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, and when factory equipped for the roads, shall have a body width not exceeding eight feet, and a body length not exceeding 32 feet.

(2)

Pick-up coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.

(3)

Motor home. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.

(4)

Trailer. A folding structure of canvas or other material mounted on wheels and designed for travel, recreation, and vacation use.

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, Section 150.

Use, special. A special use is a use that would not be appropriate generally or without restriction throughout a particular zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would preserve the intent of this ordinance to promote the public health, safety, and general welfare. Specific provisions are made for conditional uses which may be permitted in certain zones and the procedures for application are set out in of this ordinance.

Utility pole. Pole used to support essential services such as power, telephone, or cable TV lines, or used to support street or pedestrian way lighting, typically located in public rights-of-way.

Variance. A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to strict interpretation, he could not otherwise legally do.

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

Wireless telecommunication services (WTS). Licensed or unlicensed wireless, telecommunication services including cellular, digital cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (EPMR), commercial or private paging services, or similar services marketed or provided to the general public. This definition does not include services by noncommercial entities in the amateur radio service, public safety radio service or licenses assigned to nonprofit organizations, such as the Red Cross, Civil Air Patrol, Military Affiliated Radio Service (MARS) that are licensed by the Federal Communications Commission.

Yard, front. A yard extending between side lot lines across the front of a lot adjoining the public street. Depth of required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be essentially parallel.

Yard, rear. A yard extending across the rear of the lot between side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, side. A yard extending from the rear line of the required front yard to the rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

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

(Ord. of 9-14-2005, § 2.1; Ord. of 4-4-2007(1); Ord. of 4-4-2007(2), § 1; Ord. No. 2009-2Z, 1-7-2009; Ord. No. 2012-04Z, 5-2-2012; Ord. No. 2012-08Z, 9-19-2012; Ord. No. 2013-10Z, 12-18-2013; Ord. No. ZTA-21-02, Art. III(Pt. 7), 6-16-2021; Ord. No. ZTA-2022-06Z, Art. III(Pt. I), 1-4-2023; Ord. No. 2025-3ZTA, Art. III(Pt. I), 7-16-2025)

(a)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning map of Manteo, North Carolina, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following corporate limits shall be construed as following such corporate limits.

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) above, the Board of Adjustment shall interpret the district boundaries.

(7)

District lines must follow property lines.

(Ord. of 9-14-2005, § 2.2)